Wednesday, June 26, 2013 Orange County Sanitation District 6:30 P.M. Regular Meeting of the Board Room Board of Directors 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7130
AGENDA
INVOCATION AND PLEDGE OF ALLEGIANCE: (Steven Choi, City of Irvine)
ROLL CALL & DECLARATION OF QUORUM:
1. Receive and file Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows:
City/Agency Alternate Director Brea Roy Moore
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker’s Form (located at the table outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors.
ELECTIONS:
2. A. Open nominations for Chair of the Board of Directors (Election to be held at the regular July Board Meeting, unless only one candidate is nominated).
B. Open nominations for Vice Chair of the Board of Directors (Election to be held at the regular July Board Meeting, unless only one candidate is nominated).
CLAIMS: DIRECTORS: Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party seeking a contract with OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with OCSD. For the specifics of Government Code Section 84308, please see your Director’s Handbook or call the office of General Counsel.
06/26/13 OCSD Board of Directors’ Agenda Page 1 of 8
3. Ratify payment of claims of the District, by roll call vote, as follows:
Claims Paid for the Period Ending: 05/15/13 05/31/13 Totals $13,391,719.83 $9,043,303.23
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business.
4. A. Approve minutes for the Regular Board Meeting held on May 22, 2013.
B. Approve minutes for the Special Board Meeting held on June 12, 2013.
5. Approve Amendment No. 1 to the Reimbursement Agreement with the City of Fullerton by adding a Buy America clause pursuant to federal requirements for Newhope-Placentia & Cypress Trunk Replacements, Project No. 2-65.
6. A. Adopt Resolution No. OCSD 13-08, certifying the Notice of Exemption for the Lakeview Avenue Grade Separation Project, Finding that the Lead Agency CEQA Compliance Obligations have been Fulfilled, and Related Actions (Project No. 2-75); and,
B. Approve Amendment No. 1 to a Reimbursement Agreement with Orange County Transportation Authority for the Lakeview Avenue Grade Separation Project by adding a clause requiring the Orange County Sanitation District to comply with Federal Highway Administration Buy America requirements, in a form approved by special counsel.
7. A. Approve a Utility Agreement OCSD-2 with the Orange County Transportation Authority in a form approved by Special Counsel; and,
B. Approve and authorize the Chair to execute an easement deed with the Orange County Transportation Authority for the new pipeline alignment in a form approved by Special Counsel; and,
C. Authorize the General Manager to negotiate a sale agreement with Orange County Transportation Authority and execute a quitclaim deed with the City of Anaheim removing the encumbrance of the existing easement located in Tustin Avenue.
8. A. Repeal Resolution No. 01-07, Establishing Dry Weather Urban Runoff Policy.
B. Adopt Resolution No. OCSD 13.09, Policy for Dry Weather Urban Runoff, to establish policies governing the acceptance of urban runoff discharges to OCSD's sewerage system up to a maximum monthly average flow of 10 million gallons per day.
06/26/13 OCSD Board of Directors’ Agenda Page 2 of 8
9. Approve the FY 2013-14 “not-to-exceed” quotes for the following insurances:
A. Medical Insurance – Not to Exceed $9,166,835 B. Dental Insurance – Not to Exceed $893,262 C. Vision Insurance – Not to Exceed $90,924 D. Basic Life Insurance – Not to Exceed $73,200 E. Long-Term Disability Insurance – Not to Exceed $285,479 F. Short-Term Disability Insurance – Not to Exceed $116,622 G. Employee Assistance Program – Not to Exceed $11,026
STEERING COMMITTEE:
10. Approve minutes for the Steering Committee Meeting held on May 22, 2013.
OPERATIONS COMMITTEE:
11. Approve minutes for the Operations Committee Meeting held on June 5, 2013.
12. Authorize the General Manager to negotiate a Professional Consultant Services Agreement with Carollo Engineers for engineering support services during construction of Plant Water System Rehabilitation at Plant No. 2, Project No. P2- 101.
13. Approve Professional Services Agreements for providing on-call Coatings Inspection, Corrosion Testing, and Confined-Space Entry Services for Collection System and Treatment Plant Projects, PSA2013-003, for a three-year period effective July 1, 2013, for an amount not to exceed $200,000 per individual agreement ($400,000 total) with the following two firms:
A. CSI Services, Inc.
B. V&A Consulting Engineers
14. Approve Professional Services Agreements to provide on-call Surveying Services for Collection System and Treatment Plant Projects, PSA2013-002, for a three-year period effective July 1, 2013, for an amount not to exceed $200,000 per individual agreement ($400,000 total) with the following two firms:
A. RBF Consulting, A Baker Company
B. Stantec Consulting Services, Inc.
06/26/13 OCSD Board of Directors’ Agenda Page 3 of 8
15. Approve Professional Services Agreements to provide on-call Materials Testing, Inspection, and other Geotechnical Testing Services for Collection System and Treatment Plant projects, PSA2013-001, for a three-year period effective July 1, 2013, for an amount not to exceed $200,000 per individual agreement ($600,000 total) with the following three firms:
A. Koury Engineering & Testing, Inc.
B. Sequoia Consultants, Inc.
C. URS/Signet Testing Labs, Inc.
16. Award a contract to the lowest responsive and responsible bidder, Air Products and Chemicals Inc., Specification No. C-2013-567BD, for the period August 1, 2013 through July 31, 2014 with four additional one-year renewals, for the purchase of liquid oxygen at a unit price of $0.19 per 100 cubic feet delivered, plus applicable sales tax for an estimated annual amount of $328,320 subject to price adjustments based upon energy, labor, maintenance and distribution indices from Southern California Edison and Bureau of Labor Statistics for subsequent contract periods; and for services related to routine and emergency maintenance of OCSD’s liquid oxygen storage and vaporization equipment for an estimated annual amount of $20,000, based upon actual invoice costs plus 20% and labor cost at established manpower hourly rates adjusted annually based upon Bureau of Labor Statistics’ Employment Cost Index.
17. A. Award a contract to responsive and responsible bidder, Paso Robles Tank, Inc. for the Plant 1 Low Pressure Gas Holder (LPGH) Repairs, Specification No. FR11-006, for a total amount not to exceed $493,500, effective July 1, 2013; and,
B. Approve a contingency of $98,700 (20%).
18. A. Award a contract to the lowest responsive and responsible bidder, ODC Engineering & Technology, for Plant 2 Tunnel Covers Replacement, Specification No. FR-2011-494 BD for a total amount not to exceed $347,980, effective July 1, 2013; and,
B. Approve a contingency of $69,600 (20%).
19. Authorize the General Manager to approve payment to Midway City Sanitary District in an amount of $54,630 for the reimbursement of sidewalk, curbs and driveway repairs.
20. Authorize the General Manager to negotiate a Professional Consultant Services Agreement with The Austin Company for construction support services for Title 24 Access Compliance and Building Rehabilitation, Project No. P1-115.
06/26/13 OCSD Board of Directors’ Agenda Page 4 of 8
21. Authorize the General Manager to negotiate a Professional Consultant Services Agreement with Dudek & Associates, Inc. for construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, ProjectNo. P2-106.
22. A. Adopt Resolution No. OCSD 13-10, certifying the Notice of Exemption for the Tustin/Rose Avenue Grade Separation Project, Finding that the Lead Agency CEQA Compliance Obligations have been Fulfilled, and Related Actions (Project No. 2-76); and,
B. Approve a Utility Agreement OCSD-1 with the Orange County Transportation Authority, which includes a reimbursement amount not to exceed $300,000.
ADMINISTRATION COMMITTEE:
23. Approve Minutes of the Administration Committee Meeting held on June 12, 2013.
24. Adopt Resolution No. OCSD 13-11, Establishing Use Charges for the FY 2013- 14 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority.
25. Approve the proposed revisions to the Operating, Capital, Debt/COP Service and Self-Insurance Budgets for FY 2013-14, as follows:
Originally Proposed Adopted Budget Revised Budget FY 2013-14 FY 2013-14
Operations & Maintenance $155,761,100 $151,227,990 Capital Improvement Program 174,421,000 141,600,000 Rehabilitation, Replacement, & Refurbishm - 3,303,000 Debt/COP Service 97,576,000 98,450,000 Re-Purchase of Excess Capacity - 2,200,000 General Liability and Property Self-Insuranc 1,512,200 1,512,200 Worker's Compensation Self Insurance 700,000 640,000
TOTAL $429,970,300 $398,933,190
GWRS COMMITTEE:
26. Receive and file the Minutes of the GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE meeting held on January 14, 2013.
06/26/13 OCSD Board of Directors’ Agenda Page 5 of 8
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.
Items 1-5:
(1) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Designated Representatives: James D. Herberg, General Manager, Jeff Reed, Director of Human Resources, and James D. Ruth, Chief Negotiator
Employee Organizations: Supervisor Group and Professional Group
(2) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Designated Representative: James D. Herberg, General Manager
Unrepresented Employees: Managers Group
(3) CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Designated Representative: James D. Herberg, General Manager
Unrepresented Employees: Executive Management Group
(4) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(4))
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9
Number of Potential Cases: 1 SAWPA Enforcement Action
06/26/13 OCSD Board of Directors’ Agenda Page 6 of 8
(5) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2))
Significant Exposure to Litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9 & Paragraph 3 of subdivision (e) of Section 54956.9
Number of Potential Cases: 1 Kiewit Claim re. P1-102
Reconvene in regular session.
Consideration of action, if any, on matters considered in closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:
ADJOURNMENT:
Adjourn the Board meeting until the next regular Meeting on July 24, 2013, at 6:30 p.m.
06/26/13 OCSD Board of Directors’ Agenda Page 7 of 8
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting.
Maria E. Ayala Clerk of the Board (714) 593-7130 [email protected]
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714) 593-7300 [email protected] Assistant General Manager Bob Ghirelli (714) 593-7400 [email protected] Director of Engineering Nick Kanetis (714) 593-7310 [email protected] Director of Facility Support Services Nick Arhontes (714) 593-7210 [email protected] Director of Finance and Lorenzo Tyner (714) 593-7550 [email protected] Administrative Services Director of Human Resources Jeff Reed (714) 593-7144 [email protected] Director of Operations & Maintenance Ed Torres (714) 593-7080 [email protected]
06/26/13 OCSD Board of Directors’ Agenda Page 8 of 8
Return to Agenda BREA CITY COUNCIL
MINUTES
MAY 21, 2013
STUDY SESSION 5:45 p.m. - Executive Conference Room Level Three
CALL TO ORDER I ROLL CALL - COUNCIL
Mayor Garcia called the Study Session meeting of the Brea City Council to order at 5:45 p.m.
COUNCIL MEMBERS
PRESENT: Garcia, Marick, Moore, Murdock, Simonoff
ABSENT: None
EXCUSED: None
6. Council Member Reports
Designation of alternate representative to Orange County Sanitation District Board of Directors
Mayor Garcia announced the designation of Council Member Roy Moore as the alternate representative on the Orange County Sanitation District Board of Directors.
Mayor Garcia recessed the Study Session at 7:04 p.m.
Certified under penalty of perjury to be a full, true, and correct excerpt from the Minutes of the City Council appea ~
CHERYL SALZ, CMC City Clerk
Dated this 3rd day of June, 2013, at Brea, CA
1 05-21-13 City Council meeting minute certification Meeting Date To Bd. of Dir. BOARD OF DIRECTORS -- 06/26/13 Item Number Item Number AGENDA REPORT -- 2 Orange County Sanitation District
FROM: Jim Herberg, General Manager Originator: Maria E. Ayala, Clerk of the Board
SUBJECT: NOMINATIONS FOR CHAIR AND VICE CHAIR OF BOARD OF DIRECTORS
GENERAL MANAGER'S RECOMMENDATION
A. Open nominations for Chair of the Board of Directors (Election to be held at the regular July Board Meeting unless only one candidate is nominated).
B. Open nominations for Vice Chair of the Board of Directors (Election to be held at the regular July Board Meeting unless only one candidate is nominated).
SUMMARY
As provided in the Board’s Rules of Procedures, nominations for the Chair and Vice Chair are made at the regular May meeting, and the election will take place at the June meeting. This year, however, the nominations are being placed on the June Board Agenda; with elections to follow as the first item of order at the July Board Meeting. The one-time-only change in procedure will only impact the time of the nominations (taking place in June instead of May) and elections (taking place in July in stead of June), it will not impact the term of the positions.
The following is an excerpt from the current Rules of Procedures relative to the election of the Chair and Vice Chair for the Board of Directors of Orange County Sanitation District:
“G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. If only one individual is nominated for Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Chairperson, no election shall be held in June, and the individual shall assume office July 1st. If only one individual is nominated for Vice Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Vice Chairperson, no election shall be held in June, and the individual shall assume office July 1st.
Page 1 of 2
The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors.
The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson.”
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
ATTACHMENTS
N/A
Page 2 of 2
Meeting Date To Bd. of Dir. BOARD OF DIRECTORS 06/26/13 Item Number Item Number AGENDA REPORT 3 Orange County Sanitation District
FROM: Jim Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT
GENERAL MANAGER'S RECOMMENDATION
Ratify Payment of Claims of the District by Roll Call Vote.
CONFLICT OF INTEREST NOTIFICATION
Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party.
For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District.
In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor.
For the specifics of Government Code Section 84308, please see your Director’s Handbook or call the office of General Counsel.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
See attached listing.
ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
1. Copies of Claims Paid reports from 5/01/13 – 5/15/13 and 5/16/13 – 5/31/13
Page 1 of 1
Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Accounts Payable Warrants A W Chesterton 1016 6,336.21 Repair & Maintenance Services and/or Supplies Absolute Standards, Inc. 56352 1,190.00 Laboratory Services & Supplies AccuStandard 56353 103.42 Laboratory Services & Supplies Accuvant, Inc. 56354 8,000.00 Computer Applications & Services Advanced Cooling Technologies 56355 477.52 Repair & Maintenance Services and/or Supplies AECOM Technical Services, Inc. 56210 19,893.02 Professional Services/Engineering Design Services AECOM Technical Services, Inc. 56516 34,941.61 Professional Services/Engineering Design Services Aerotek 56356 456.15 Professional Services/Temporary Services Agilent Technologies, Inc. 56357 1,659.09 Laboratory Services & Supplies Ago IndustriesDBA So-Cal Sweeping 56310 980.00 Street Sweeping Services Air Products & Chemicals, Inc. 56211 11,133.44 Chemicals, Water/Wastewater Treatment Air Products & Chemicals, Inc. 56358 10,127.02 Chemicals, Water/Wastewater Treatment Air Products & Chemicals, Inc. 56532 11,430.76 Chemicals, Water/Wastewater Treatment Airgas Safety, Inc. 1017 14,892.34 Safety, Security, Health Equipment, Supplies, and Services Airgas USA, LLC 1007 1,557.40 Laboratory Services & Supplies Airgas USA, LLC 1018 384.70 Laboratory Services & Supplies Alimed Inc. 56212 1,183.75 Laboratory Services & Supplies Allen J. White 56629 300.00 Meeting/Training Expense Reimbursement Alliant Insurance Services 56359 3,961.00 Insurance Alliant Insurance Services 56517 26,586.14 Insurance Allied Packing & Rubber, Inc. 56360 102.06 Repair & Maintenance Services and/or Supplies American Chemical Society 56214 151.00 Professional Organizations Meeting/Training/Membership American Industrial Heat Transfer, Inc. 56361 3,740.22 Sewer User Refund American Public Works Association 56533 3,550.00 Professional Organizations Meeting/Training/Membership Amtech Elevator Services 56215 1,035.00 Miscellaneous Services Analytical Technology, Inc. 56362 5,762.18 Instrument Supplies AON Risk Insurance Services West 56194 31,884.18 Insurance (Owner Controlled Insurance Program) AppleOne Employment Service 1019 7,686.87 Professional Services/Temporary Services Applied Industrial Technology 56363 2,006.73 Repair & Maintenance Services and/or Supplies Aquatic Biosystems, Inc. 56364 307.50 Laboratory Services & Supplies Asset Management Group 56365 2,670.75 Sewer Service Association of California Cities 56366 447.00 Professional Organizations, Meeting/Training/Membership Dues AT & T Mobility II, L.L.C. 56217 9.90 Telecommunications AT & T Mobility II, L.L.C. 56218 8,259.57 Telecommunications AT & T Universal Biller 56216 47.92 Telecommunications AT & T Universal Biller 56368 2,729.28 Telecommunications AT&T 56367 32.12 Telecommunications Atkinson, Andelson, Loya, Rudd & Ruud 56219 4,301.60 Professional Services - Legal AW Associates Inc. 56369 240.00 Repair & Maintenance Services and/or Supplies Awards & Trophies Company 56220 156.77 Awards and Framing Services AWSI 56534 241.00 Professional Services - DOT Program Administration Ayala Engineering 56221 4,224.00 Repair & Maintenance Services and/or Supplies Ayala Engineering 56370 3,700.00 Repair & Maintenance Services and/or Supplies Bank of New York Mellon Trust 56518 28,526.73 Professional Services - Financial Battery Specialties 56371 231.98 Batteries, Various Battery Systems, Inc. 56535 1,155.42 Repair & Maintenance Services and/or Supplies BC Wire Rope & Rigging 56372 1,200.00 Tools & Supplies Bee Man Pest Control, Inc. 56536 325.00 Pest Control Services Betty J. Voss 56333 147.56 Meeting/Training Expense Reimbursement Black & Veatch Corporation 56334 105,849.90 Professional Services/Engineering Design Services Black & Veatch Corporation 56519 263,010.40 Professional Services/Engineering Design Services Brea Imperial, Inc. 56537 2,500.00 Miscellaneous Services
EXHIBIT A fin/210/mm Page 1 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Brown & Caldwell 56222 16,658.70 Professional Services/Engineering Design Services Brown & Caldwell 56335 45,693.90 Professional Services/Engineering Design Services Brown & Caldwell 56520 449,692.93 Professional Services/Engineering Design Services Buchalter Nemer 56538 8,740.00 Professional Legal Services Bureau Veritas North America, Inc. 1020 5,630.10 Industrial Hygiene Services Burlington Safety Laboratory of CA, Inc. 56373 874.29 Safety, Security, Health Equipment, Supplies, and Services Bush & Associates, Inc. 56539 4,980.00 Professional Services/Surveying Services C.S.M.F.O 56231 50.00 Professional Organizations Meeting/Training/Membership Caliagua, Inc. 56515 2,402.49 Construction California Barricade Rentals 56374 7,800.00 Miscellaneous Services California Dept. of Child Support 56223 2,786.85 Judgments Payable California Dept. of Child Support 56540 2,786.85 Judgments Payable Cal-Therm Inc. 56541 12,775.00 Repair & Maintenance Services and/or Supplies Camali Corp. 56542 16,703.66 Repair & Maintenance Services and/or Supplies Campbell Window Film 56543 899.00 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Carollo Engineers 56195 26,403.66 Professional Services/Engineering Design Services Century Paving, Inc. 56196 372,625.38 Professional Services/Engineering Design Services Chet Frohlich Photography 56225 3,566.00 Professional Photography Services Cheyenne Livestock & Products, Inc. 56375 3,170.00 Safety, Security, Health Equipment, Supplies, and Services Chris A. Cervellone 56502 270.95 Meeting/Training Expense Reimbursement City of Buena Park 56521 31,540.00 Water Use City of Fountain Valley 56522 47,256.41 Water Use City of Fullerton 56226 1,623.59 Sewer User Refund City of Huntington Beach 56262 11,127.47 Water Use City of Huntington Beach 56567 88.65 Water Use City of Tustin 56376 250.00 Water Use Clean Harbors Environmental Services 1021 10,622.90 Grit & Screenings; Hazard Waste Disposal Clean Harbors Environmental Services 1035 2,296.13 Grit & Screenings; Hazard Waste Disposal Coast Crane Company 56377 15,247.26 Professional Organizations Meeting/Training/Membership Coastal Ignition and Controls, Inc. 56227 3,162.72 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Cole-Parmer Instrument Co. 56378 73.87 Laboratory Services & Supplies Columbia Analytical Services 56213 1,450.00 Laboratory Services & Supplies Compressor and Engine Supply, Inc. 56379 1,287.78 Repair & Maintenance Services and/or Supplies Connell Chevrolet\GEO 56228 318.60 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Connell Chevrolet\GEO 56544 61.50 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Constellation Newenergy Gas Division LLC 56380 13,462.25 Natural Gas ODC Engineering & Technology 56207 212,515.00 Construction Fresno First Bank-Acct 100013315 56348 40,430.15 Construction, Retention Consumers Pipe & Supply Co. 1022 2,463.05 Repair & Maintenance Services and/or Supplies Continuing Education Unl. 56229 90.00 Professional Organizations Meeting/Training/Membership Cooperative Personnel Services 56385 1,337.45 Human Resource Services Corner Bakery Café (CBC) 56382 399.93 Catering Services Corporate Image Maintenance, Inc. 56523 36,570.00 Janitor & Household Service & Supplies Coss, Ronald J. 56623 192.19 Meeting/Training Expense Reimbursement Counterpart Enterprises, Inc. 56383 2,120.94 Repair & Maintenance Services and/or Supplies County of Orange Auditor Controller 56230 705.00 Governmental Agency Fees & Charges County of Ventura (Contract Host) 56384 21,945.00 Computer Applications & Services Court Order 56270 2,179.38 Judgments Payable Court Order 56297 108.00 Judgments Payable Court Order 56329 912.50 Judgments Payable Court Order 56574 2,179.38 Judgments Payable Court Order 56591 108.00 Judgments Payable Court Order 56620 912.50 Judgments Payable
EXHIBIT A fin/210/mm Page 2 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
CS-AMSCO 56386 182.28 Repair & Maintenance Services and/or Supplies CSUF Auxillary Services Corporation 56387 19,621.75 Professional Organizations Meeting/Training/Membership (Demographics) Cummins Allison Corp. 56232 408.60 Computer Hardware & Software CWEA Membership 56233 280.00 Professional Organizations Meeting/Training/Membership CWEA Membership 56546 280.00 Professional Organizations Meeting/Training/Membership Daisy G. Covarrubias 56503 661.85 Meeting/Training Expense Reimbursement Dale Carnegie Training Of Orange County 56234 1,595.00 Professional Organizations Meeting/Training/Membership Darling International, Inc. 56235 143.51 Overpayment Refund David A. Ruffell Trust 56388 847.24 Sewer User Refund David Wheeler Pest Control, Inc. 56389 5,240.00 Pest Control Services Ddaze Phuong 56509 1,051.25 Meeting/Training Expense Reimbursement DDB Engineering, Inc. 56547 2,640.00 Professional Services - Advocacy De La Riva Construction 56529 41,580.75 Construction Dennis R. Maurer 56278 3,239.79 Septic User Refund Denovo Ventures LLC 56548 2,325.00 JDE Upgrade Consulting Services Desert Pumps & Parts, Inc. 56549 5,156.88 Repair & Maintenance Services and/or Supplies Detection Instruments Corporation 56236 3,439.89 Electrical/Electronic Equipment, Parts & Repairs Detection Instruments Corporation 56390 308.68 Electrical/Electronic Equipment, Parts & Repairs Detection Instruments Corporation 56550 964.63 Electrical/Electronic Equipment, Parts & Repairs Diamond King Restaurants 56237 2,454.97 Sewer User Refund Dindo A. Carrillo 56621 527.94 Meeting/Training Expense Reimbursement Duane T. Smith 56510 890.61 Meeting/Training Expense Reimbursement Dudek & Associates, Inc. 56197 29,733.92 Professional Services/Engineering Design Services Dunn-Edwards Corporation 56391 86.40 Facilities, Maintenance, Services & Supplies Employee Benefits Specialists, Inc. 56238 12,031.24 Reimbursed Prepaid Employee Medical & Dependent Care Employee Benefits Specialists, Inc. 56392 1,440.80 Reimbursed Prepaid Employee Medical & Dependent Care Employee Benefits Specialists, Inc. 56551 11,646.62 Reimbursed Prepaid Employee Medical & Dependent Care Employment Development Dept. 56552 10,667.00 Unemployment Insurance Enchanter, Inc. 56239 3,420.00 Vessel Services - Monitoring Vessel Nerissa Enviromatrix Analytical, Inc. 56240 1,510.00 Laboratory Services & Supplies Environmental Engineering & Contracting 56553 2,000.00 Professional Services/Specialty Course Audits Environmental Resource Associates 56393 2,917.14 Laboratory Services & Supplies Environmental Resource Center 56554 449.00 Safety, Security, Health Equipment, Supplies, and Services Environmental Sampling Supply 56241 8.70 Laboratory Services & Supplies Environmental Water Solutions, Inc. 56394 463.76 Repair & Maintenance Services and/or Supplies Neopost USA Inc. 56579 63.54 Equipment Lease/Postage Meter Ewing Irrigation 56242 756.62 Irrigation Repair & Maintenance Services and/or Supplies Ewing Irrigation 56395 632.83 Irrigation Repair & Maintenance Services and/or Supplies Excel Door & Gate Co., Inc. 56555 6,650.00 Repair & Maintenance Services and/or Supplies Express Lens Lab 1008 1,372.83 Safety, Security, Health Equipment, Supplies, and Services Express Lens Lab 1036 2,523.17 Safety, Security, Health Equipment, Supplies, and Services F.S. Buono 56396 1,296.56 Sewer User Refund Faviola Miranda 56507 833.22 Meeting/Training Expense Reimbursement Fedex Corporation 56243 86.80 Freight Services Fedex Corporation 56397 86.80 Freight Services Fedex Corporation 56556 4.99 Freight Services First American Corelogic 56381 175.50 Software Maintenance Agreement Fisher Scientific 56398 8,470.36 Laboratory Services & Supplies FOPCO Incorporated 56244 4,800.00 Repair & Maintenance Services and/or Supplies Fountain Valley AAA Auto Spa 56399 1,469.98 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Fountain Valley Paints, Inc. 56245 385.14 Facilities, Maintenance, Services & Supplies Franchise Tax Board 56246 360.00 Judgments Payable Franchise Tax Board 56557 403.46 Judgments Payable
EXHIBIT A fin/210/mm Page 3 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
FTI, Inc. 56400 1,168.42 Routine Forms - Check Stock, W-2 Forms or Envelopes Fuller Truck Accessories 56247 1,206.58 Autos, Trucks & Marine Equipment, Parts, Accessories & Services G&B Creative Solutions LLC 56248 10,101.70 Printing and Publications Ganahl Lumber Company 56249 205.15 Facilities, Maintenance, Services & Supplies Garratt Callahan Company 56250 141.20 Chemicals, Water/Wastewater Treatment Garratt Callahan Company 56558 2,592.85 Chemicals, Water/Wastewater Treatment GE Energy 56401 4,749.78 Repair & Maintenance Services and/or Supplies George Yardley Co. 56402 934.52 Repair & Maintenance Services and/or Supplies Gexpro 56403 2,301.28 Repair & Maintenance Services and/or Supplies GHD 56251 1,815.00 Professional Services/Engineering Design Services Gina a. Tetsch 56512 1,114.76 Meeting/Training Expense Reimbursement Glens Alignment & Brake Service 56252 220.00 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Gold Coast Awards, Inc. 56559 27.26 Badges Golden State Overnight Delivery Service 56253 21.35 Courier Services Golden State Overnight Delivery Service 56560 228.68 Courier Services Golden State Water Company 56254 121.99 Water Use Golden West Window Service 56255 9,286.28 Facilities, Maintenance, Services & Supplies Golden West Window Service 56561 1,560.00 Facilities, Maintenance, Services & Supplies Grainger, Inc. 56256 1,018.62 Repair & Maintenance Services and/or Supplies Grainger, Inc. 56404 676.71 Repair & Maintenance Services and/or Supplies Grainger, Inc. 56562 5,451.06 Repair & Maintenance Services and/or Supplies Graybar Electric Company 56257 12,561.78 Electrical/Electronic Equipment, Parts & Repairs Graybar Electric Company 56405 55.60 Electrical/Electronic Equipment, Parts & Repairs Graybar Electric Company 56563 10,126.36 Electrical/Electronic Equipment, Parts & Repairs Great Western Sanitary Supplies 56406 255.31 Janitor & Household Service & Supplies Gregory R. Blakeley 56330 156.30 Meeting/Training Expense Reimbursement Guarantee Records Management 56258 710.87 Professional Services - Document Storage & Shredding Guarantee Records Management 56564 1,691.41 Professional Services - Document Storage & Shredding Guitar Center Stores, Inc. 56407 323.99 Tools & Supplies Guitar Center Stores, Inc. 56565 174.90 Tools & Supplies H.H. Fremer Architects, Inc. 56259 13,586.04 Construction Hach Company 56408 185.51 Laboratory Services & Supplies Handy Hose Services 56409 2,767.07 Repair & Maintenance Services and/or Supplies Harrington Industrial Plastics, Inc. 56410 218.36 Repair & Maintenance Services and/or Supplies HDR Engineering, Inc. 56336 50,494.61 Professional Services/Engineering Design Services HDR Engineering, Inc. 56524 101,452.22 Professional Services/Engineering Design Services Hill Brothers 1005 165,194.56 Chemicals, Water/Wastewater Treatment Hills Boat Service, Inc. 56260 1,000.04 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Home Depot 56261 18.81 Miscellaneous Parts and Supplies Home Depot 56411 44.99 Miscellaneous Parts and Supplies Home Depot 56566 172.58 Miscellaneous Parts and Supplies Hub Auto Supply 56412 462.40 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Hyatt Legal Plans 56413 1,786.00 Professional Services - Legal ICC International Code Council 56263 150.00 Professional Organizations Meeting/Training/Membership iLearn ERP 56568 2,880.00 Professional Organizations Meeting/Training/Membership Image Apparel for Business Inc. 56414 4,022.11 Uniform Logo Services Indiana Child Support Bureau 56264 290.00 Judgments Payable Indiana Child Support Bureau 56569 290.00 Judgments Payable Industrial Distribution Group 56415 135.57 Repair & Maintenance Services and/or Supplies Industrial Fabrics Corp. 56416 12,857.74 Repair & Maintenance Services and/or Supplies Ingrid G. Hellebrand 56505 100.60 Meeting/Training Expense Reimbursement Ingrid G. Hellebrand 56624 378.40 Meeting/Training Expense Reimbursement Insight Public Sector, Inc. 56417 8,241.73 Computers, Software/Hardware
EXHIBIT A fin/210/mm Page 4 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
International Institute of Municipal Cle 56265 245.00 Professional Organizations Meeting/Training/Membership Interstate Batteries of Cal Coast 56418 2,170.65 Repair & Maintenance Services and/or Supplies Intl. Union of Oper. Eng. AFL CIO Local 56266 4,725.73 Dues Deductions Intl. Union of Oper. Eng. AFL CIO Local 56570 4,748.14 Dues Deductions Intratek Computer, Inc. 56571 1,687.60 Network/Server/Printer Maintenance Services Irvine Pipe & Supply 56419 307.54 Repair & Maintenance Services and/or Supplies Irvine Ranch Water District 56267 59.53 Water Use ISA Publications 56268 205.00 Subscription ISA Publications 56572 290.00 Subscription J F Shea Construction, Inc. 56198 189,319.00 Construction J R Filanc Construction 56199 53,691.20 Construction J R Filanc Construction 56205 426,772.35 Construction J. Fletcher Creamer & Son, Inc. 56349 269,469.55 Construction Jacob Dalgoff 56504 362.93 Meeting/Training Expense Reimbursement Jacobs Project Management Co. 56200 170,056.69 Professional Services/Temporary Services Jacobs Project Management Co. 56337 80,175.85 Professional Services/Temporary Services Jacobs Project Management Co. 56525 78,924.06 Professional Services/Temporary Services Jamison Engineering Contractors, Inc. 56269 4,865.00 Professional Services/Construction Support Services Jamison Engineering Contractors, Inc. 56338 25,978.23 Professional Services/Construction Support Services Jamison Engineering Contractors, Inc. 56573 4,125.01 Professional Services/Construction Support Services Jays Catering 56420 726.57 Catering Services Jeffrey L. Key 56626 661.11 Meeting/Training Expense Reimbursement John W. Swindler 56511 1,327.32 Meeting/Training Expense Reimbursement Johnstone Supply 56421 874.71 Repair & Maintenance Services and/or Supplies Jorge Menocal 56332 105.00 Meeting/Training Expense Reimbursement JPR Systems, Inc. 56422 8,424.33 Repair & Maintenance Services and/or Supplies Kaiser Permanente 56271 9,612.63 Sewer User Refund Kaiser Permanente 56423 848.34 Sewer User Refund Karla Lee Worsdell Trust 56272 213.21 Payee# 639162 Kelly Paper 56575 135.65 Office Supplies Kemira Water Solutions 1014 222,599.98 Chemicals, Water/Wastewater Treatment Kent Fluid Power Div of AIT 56424 102.00 Repair & Maintenance Services and/or Supplies Kimco Realty Corporation 56339 40,573.68 Reconciliation User Fee Refund Program Kishora K. Panda 56508 300.00 Meeting/Training Expense Reimbursement Lillestrand and Associates 56425 8,131.84 Professional Services Lillestrand and Associates 56576 2,065.05 Professional Services Lina Hsiao 56506 107.30 Meeting/Training Expense Reimbursement Linda Losurdo 56331 847.88 Meeting/Training Expense Reimbursement LittleJohn-Reuland Corporation 56426 4,789.53 Repair & Maintenance Services and/or Supplies Lucci's Gourmet Foods, Inc. 56273 735.50 Catering Services Lucci's Gourmet Foods, Inc. 56427 145.90 Catering Services Magnus Pacific Corporation 56530 284,145.00 Sewer User Refund Malcolm Pirnie, Inc. 56274 10,073.30 Professional Services/Engineering Design Services Mandic Motors 56428 100.00 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Manley's Boiler, Inc. 56275 19,000.00 Repair & Maintenance Services and Supplies Martin Enterprises 56276 3,056.86 Sewer User Refund Martin Enterprises Co. 56277 1,529.60 Sewer User Refund Matheson Tri Gas, Inc. 56577 1,158.80 Laboratory Services & Supplies Maxim Security Systems 56429 2,510.51 Safety, Security, Health Equipment, Supplies, and Services Mayer Hoffman McCann, PC 56430 260.00 Professional Services - Financial Auditing McBain Instruments 56431 810.00 Repair & Maintenance Services - Microscope McCray Properties LLC 56279 964.21 Sewer User Refund McMaster-Carr Supply Co. 1023 1,820.93 Repair & Maintenance Services and/or Supplies
EXHIBIT A fin/210/mm Page 5 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Mesa Muffler 56280 401.00 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Metro Pointe Retail Assoc., II LP 56340 37,735.58 Sewer User Refund Michael D. White 56514 120.00 Meeting/Training Expense Reimbursement Michael E. McCarthy 56432 3,978.40 Meeting/Training Expense Reimbursement Mid-West Associates, Inc. 56433 7,991.46 Repair & Maintenance Services and/or Supplies Minako America Corporation 56206 209,453.15 Construction MJL Consulting 56201 103,065.12 Professional Services/Annual Contract Painting MJL Consulting 56578 17,358.20 Professional Services/Annual Contract Painting Moore Medical Inc. 1009 515.89 Medical Supplies Moore Medical Inc. 1024 1,948.09 Medical Supplies Morrow Meadows Corp. 56531 87,232.50 Construction MTM Recognition Corporation 56434 77.37 Service Awards Murray Franklin Zane & Dara J Scully 56281 3,052.31 Septic User Refund National Fire Protection Association 56341 45,990.00 Professional Organizations Meeting/Training/Membership National Seminars Group 56282 249.00 Training Registration NetworkFleet, Inc. 56580 2,819.48 Software Maintenance Agreement Nicholas J. Arhontes 56501 580.93 Meeting/Training Expense Reimbursement Nicolas Kanetis 56625 140.92 Meeting/Training Expense Reimbursement Norman A. Traub Associates 56581 8,832.01 Legal Services NRG Engine Services, L.L.C. 56435 1,292.67 Repair & Maintenance Services and/or Supplies OCEA 56283 692.25 Dues Deductible OCEA 56582 692.25 Dues Deductible O'Connell Engineering & Construction, In 56342 55,395.73 Repair & Maintenance Services and/or Supplies Office Depot 56284 3,569.72 Office Supplies Office Depot 56436 1,345.55 Office Supplies OI Analytical 56437 624.64 Laboratory Services & Supplies Olin Corporation 56438 18,213.20 Chemicals, Water/Wastewater Treatment Omega Engineering Inc 56439 2,014.14 Electrical/Electronic Equipment, Parts & Repairs Omega Industrial Supply, Inc. 56440 2,375.42 Janitor & Household Service & Supplies OneSource Distributors, Inc. 56441 2,433.76 Electrical/Electronic Equipment, Parts & Repairs Oracle America Inc. 56583 2,139.06 Software Maintenance Agreement Orange County Auto Parts 56285 83.63 Truck Supplies Orange County Auto Parts 56442 311.46 Truck Supplies Orange County Business Council 56443 5,000.00 Professional Organizations Meeting/Training/Membership Orange County Sanitation District 56631 1,517.01 Petty Cash Expense Orange County United Way 56287 40.00 Employee Contributions Orange County United Way 56584 40.00 Employee Contributions Orange County Vector Control District 56288 160.86 Pest Control Pace Precision Products, Inc. 56444 626.25 Repair & Maintenance Services and/or Supplies Pacific Investment Management 56343 169,517.33 Professional Financial Services Pacific Mechanical Supply 1025 10,068.32 Repair & Maintenance Services and/or Supplies Parker Supply Company 1026 1,409.57 Miscellaneous Parts and Supplies Parkhouse Tire, Inc. 56289 1,502.07 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Patriot Video Productions 56585 342.69 Miscellaneous Services Paul, Plevin, Sullivan & Connaughton LLP 56290 5,857.50 Human Resource Services Paula A. Zeller 56630 136.76 Meeting/Training Expense Reimbursement PC Mall Gov 56586 15,071.86 Software Maintenance Agreement Peace Officers Council of CA 56291 2,093.00 Dues Deductions, Supervisors & Professionals Peace Officers Council of CA 56587 2,047.00 Dues Deductions, Supervisors & Professionals Peerless Wiping Materials Co. 56445 794.02 Janitor & Household Service & Supplies Performance Pipeline Technologies 56344 25,509.96 Professional Services/CCTV Inspection/Sewerline Cleaning PL Hawn Company, Inc. 56446 74.09 Repair & Maintenance Services and/or Supplies Polydyne, Inc. 1006 51,039.20 Chemicals, Water/Wastewater Treatment
EXHIBIT A fin/210/mm Page 6 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Polydyne, Inc. 1033 102,365.93 Chemicals, Water/Wastewater Treatment Ponton Industries, Inc. 56447 2,195.86 Laboratory Services & Supplies PR Electronics, Inc. 56448 264.30 Electrical/Electronic Equipment, Parts & Repairs Praxair Distribution, Inc. 56588 621.74 Laboratory Services & Supplies Primrose Ice Co., Inc. 56292 78.75 Water & Ice Services Printwithus.com, L.L.C. 56526 67,324.30 Printing and Delivery Services Procare Work Injury Center 56293 255.00 Medical Services Procare Work Injury Center 56589 85.00 Medical Services Process Instruments & Controls, LLC 56449 3,796.17 Electrical/Electronic Equipment, Parts & Repairs Project Management Institute 56294 164.00 Professional Organizations Meeting/Training/Membership Project Management Institute 56590 164.00 Professional Organizations Meeting/Training/Membership Projectline Technical Services, Inc. 56295 708.50 Professional Services/Engineering Design Services Propipe Professional Pipe Services 1032 1,170.00 Professional Services/CCTV Sewerline Inspections Prudential Overall Supply 1027 1,562.61 Uniforms Prudential Overall Supply 1037 3,076.63 Uniforms PSOMAS 56296 8,800.00 Computer Applications & Services Pump Action 56450 3,609.28 Oil Filters Rabobank, Escrow Acct# 272295573 56208 59,277.80 Construction Rainbow Disposal Co. 56451 3,499.00 Waste Disposal Ralphs Grochery Co. 56298 3,582.21 Sewer User Refund Raymond Handling Solutions, Inc. 56299 64.00 Material Handling Tools & Equipment RBF Consulting 56300 4,250.00 Professional Services/Engineering Design Services RBF Consulting 56592 2,698.21 Professional Services/Engineering Design Services Red Wing Shoes 56301 155.52 Safety, Security, Health Equipment, Supplies, and Services Regents of the University of Calif. 56593 249.00 Meeting/Training Registration Regents of Univ. of California 56302 24,834.00 Professional Services Reilly Workplace Investigations 56303 13,857.20 Human Resource Services Reliastar 56452 3,809.23 Voluntary Employee Life & Cancer Insurance Retrofit Parts & Components, Inc. 56453 986.15 Repair & Maintenance Services and/or Supplies Richard A. Castillon 56622 355.81 Meeting/Training Expense Reimbursement RMC Water and Environment 56454 14,336.89 Professional Services RMC Water and Environment 56527 29,283.32 Professional Services RMS Engineering & Design, Inc. 56594 1,530.00 Professional Services/Engineering Design Services Robert C. Thompson 56628 268.43 Meeting/Training Expense Reimbursement Rodney Hunt Company 56455 14,121.80 Materials and Supplies Rosemount Analytical Inc. - Remit 56456 2,585.58 Electrical/Electronic Equipment, Parts & Repairs Royal Wholesale Electric 56457 4,079.04 Repair & Maintenance Services and/or Supplies Royale Cleaners 56304 28.40 Miscellaneous Services Royale Cleaners 56458 98.40 Miscellaneous Services Rutan & Tucker, L.L.P. 56459 330.00 Legal Services Safety-Kleen 56305 106.11 Repair & Maintenance Services and/or Supplies Safety-Kleen 56595 437.11 Repair & Maintenance Services and/or Supplies SARBS 56632 875.00 Professional Organizations Meeting/Training/Membership SCAP 56306 3,000.00 Professional Organizations Meeting/Training/Membership Dues SCAP 56460 1,000.00 Professional Organizations Meeting/Training/Membership Dues Schwing Bioset 1015 28,825.70 Repair & Maintenance Services and/or Supplies Seaventures 56596 4,110.30 Ocean Monitoring Securitas Security Services USA, Inc. 56202 30,362.23 Safety, Security, Health Equipment, Supplies, and Services Seyer Family Holdings, LLC 56307 792.55 Sewer User Refund Shamrock Supply Co., Inc. 56308 2,784.50 Repair & Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 56461 78.09 Repair & Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 56597 513.55 Repair & Maintenance Services and/or Supplies Shucri Yaghi 56327 606.47 Sewer User Refund
EXHIBIT A fin/210/mm Page 7 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Shureluck Sales & Engineering 56462 91.15 Repair & Maintenance Services and/or Supplies Siemens Water Technologies Corp. 1010 391.44 Repair & Maintenance Services and/or Supplies Siemens Water Technologies Corp. 1038 1,479.49 Repair & Maintenance Services and/or Supplies Simon L. Watson 56513 1,270.85 Meeting/Training Expense Reimbursement SKC West, Inc. 56598 280.61 Laboratory Services & Supplies SkillPath Seminars 56599 89.00 Professional Organization & Meeting/Training Registration Smog Tech Institute 56600 2,900.00 Professional Organizations Meeting/Training/Membership Snap On Industrial 56463 25.72 Tools Snap-On Equipment 56309 335.60 Repair & Maintenance Services and/or Supplies So. Cal Gas Company 56601 17,683.63 Utilities South Coast Air Quality Management Dist. 56602 116.61 Governmental Agency Fees & Charges Southern Califoria Setac 56604 10.00 Professional Organization Southern California Edison 56203 45,285.92 Utilities Southern California Edison 56345 56,798.03 Utilities Southern California Edison 56603 1,486.20 Utilities Southern Counties Lubricants 56464 761.55 Fuel and Lubricants Southwest Valve & Equipment 56465 3,088.04 Repair & Maintenance Services and/or Supplies Sparklett-Dallas 56466 1,579.20 Miscellaneous Services Sparling Instruments, Inc. 56467 2,824.18 Instrument Parts & Supplies SPEX Certiprep, Inc. 56468 106.78 Laboratory Services & Supplies SPEX Certiprep, Inc. 56605 58.54 Laboratory Services & Supplies St. Croix Sensory, Inc. 56606 2,742.36 Olfactometry Testing Services Stantec Consulting Services, Inc. 56469 1,574.05 Professional Services/Surveying Staples 56311 54.31 Office Supplies Stratus Environmental, Inc. 56470 3,375.00 Professional Services/Groundwater Removal Summit Steel 1011 1,595.69 Repair & Maintenance Services and/or Supplies Summit Steel 1028 3,001.08 Repair & Maintenance Services and/or Supplies Sunny Express 56607 30.46 Freight Charges Sunset Industrial Parts 56471 36.22 Repair & Maintenance Services and/or Supplies Super Chem Corporation 56312 1,577.07 Repair & Maintenance Services and/or Supplies Super Chem Corporation 56472 956.34 Repair & Maintenance Services and/or Supplies Susan S. James 56313 546.17 Sewer User Refund Sybil Carney 56224 404.53 Sewer User Refund Synagro West, Inc. 56608 218.91 Biosolids Management TDI 56473 18,537.50 Professional Services/Information Technology TekSystems 1039 6,400.00 Professional Services/Temporary Services Terra Renewal, L.L.C. 56204 54,923.41 Grit & Screenings Disposal TestAmerica Ontario 1012 1,432.00 Laboratory Services & Supplies TestAmerica Ontario 1040 2,422.00 Laboratory Services & Supplies Tetra Tech, Inc. 56314 5,253.22 Professional Services/Engineering Design ServicesS Tetra Tech, Inc. 56609 2,455.71 Professional Services/Engineering Design ServicesS The Bank of New York Mellon 56315 1,733.25 Quarterly Service Fee - Asset Administration The Creative Group 56545 3,400.00 Professional Services/Temporary Services The Orange County Register 56286 1,858.00 Notices & Ads The Standard Insurance Company 56474 2,594.18 Disability Insurance Thermo Electron North Amer., L.L.C. 56475 1,200.00 Laboratory Services & Supplies Thermo Electron North America, L.L.C. 1029 959.58 Laboratory Services & Supplies Thompson Industrial Supply, Inc. 1013 340.61 Repair & Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 1030 747.00 Repair & Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 1041 10,042.37 Repair & Maintenance Services and/or Supplies Tiano Construction 56316 3,234.00 Facilities, Maintenance, Services & Supplies Tiano Construction 56476 4,002.00 Facilities, Maintenance, Services & Supplies Tiger Direct, Inc. 56346 48,338.21 Computers, Software/Hardware
EXHIBIT A fin/210/mm Page 8 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Todd A. May 56627 718.76 Meeting/Training Expense Reimbursement Tony's Lock & Safe Service & Sales 56477 3,096.25 Repair & Maintenance Services and/or Supplies Toshiba Business Solutions USA Inc. 56610 226.33 Computers, Software/Hardware & Managed Services Townsend Public Affairs 56611 7,500.00 Professional Services - State Legislative Advocacy Tran Consulting Engineers 56478 4,371.08 Professional Services/Engineering Design Services Tremco Incorporated 1031 4,900.00 Repair & Maintenance Services and/or Supplies Tremco Incorporated 1042 2,327.15 Repair & Maintenance Services and/or Supplies Tropical Plaza Nursery, Inc. 56317 12,877.50 Landscape Maintenance Services Tule Ranch/Magan Farms 56347 314,871.82 Biosolids Management TW Telecom Holdings, Inc. 56479 9,303.81 Telecommunications Union Bank of California 56318 2,621.67 Annual Administrative Fee for Series 2007A Certificates of Participation Union Bank of California 56613 928.61 Banking Services United Parcel Service 56319 292.87 Freight Services United Parcel Service 56481 17.75 Freight Services United Rentals, Inc. 56482 1,244.86 Striping Paint United States Department Of The Treasury 56320 399.86 Judgments Payable United States Department Of The Treasury 56614 399.86 Judgments Payable United States Postal Service 56480 5,000.00 Postage United States Postal Service 56612 5,000.00 Postage Univar USA Inc 1034 38,095.56 Chemicals, Water/Wastewater Treatment US Airconditioning Distributors, Inc. 56483 907.18 Electrical Parts & Supplies US Peroxide, L.L.C. 56484 24,585.00 Chemicals, Water/Wastewater Treatment US Peroxide, L.L.C. 56528 60,321.00 Chemicals, Water/Wastewater Treatment USA Bluebook 56485 1,541.37 Laboratory Services & Supplies V & A Consulting Engineers 56486 382.92 Professional Services Vaughans Industrial Repair Co Inc 56321 1,684.00 Repair & Maintenance Services and/or Supplies Verizon California 56487 664.00 Telecommunications Verizon Wireless 56488 1,244.36 Telecommunications Verne's Plumbing 56489 583.12 Plumbing Services & Supplies Verne's Plumbing 56615 8,757.63 Plumbing Services & Supplies Vibralign, Inc. 56490 1,725.87 Repair & Maintenance Services and/or Supplies Village Nurseries 56616 230.71 Repair & Maintenance Services and/or Supplies Vision Financial Corporation 56491 1,114.24 Employee Voluntary Benefits Vision Internet Providers, Inc 56322 4,000.00 Professional Services/Web Design Services Vortex Corp. 1043 1,786.75 Repair & Maintenance Services and/or Supplies Vossler & Company 56492 2,856.21 Repair & Maintenance Services and/or Supplies VWR Scientific Products 56493 2,060.24 Laboratory Services & Supplies VWR Scientific Products 56617 5,506.21 Laboratory Services & Supplies W.M. Lyles Co. 56350 768,172.85 Construction Walgreens Co., No. 06157-S 56323 471.53 Sewer User Refund Water Environment Federation 56324 675.00 Meeting Registration Water Environment Federation 56325 561.00 Professional Organizations Meeting/Training/Membership Water Environment Federation 56494 675.00 Meeting Registration Waxie Sanitary Supply 56495 181.44 Janitor & Household Service & Supplies Weather and Wind Instrument Co. 56496 1,964.03 Miscellaneous Parts and Supplies West Coast Arborists, Inc. 56497 300.00 Landscape Maintenance Services West Lite Supply Company, Inc. 56498 372.70 Electrical/Electronic Equipment, Parts & Repairs Western Blue/Insight/Hewlett Packard 56499 14,762.82 Computers, Software/Hardware Western States Controls 56326 1,296.00 Electrical/Electronic Equipment, Parts & Repairs White Star Pools 56618 310.00 Repair & Maintenance Services and/or Supplies Woodruff Spradlin & Smart 56619 1,464.80 Professional Services - Legal Xerox Corporation 1044 117.67 Computers, Software/Hardware & Managed Services Xpedx, An International Paper Company 56500 200.38 Miscellaneous Supplies
EXHIBIT A fin/210/mm Page 9 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/1/13 to 5/15/13
Vendor Warrant No. Amount Description
Yale/Chase Materials Handling, Inc. 56328 24.60 Electrical/Electronic Equipment, & Electric Cart Parts & Repairs 7-Eleven, Inc 56351 345.50 Sewer User Refund Total Accounts Payable - Warrants $ 7,694,899.11 Payroll Disbursements Employee Paychecks 51161 - 51184 $ 3,936.33 Interim Payroll - ARBA (5/01/13) Employee Paychecks 51185 - 51221 79,818.42 Biweekly Payroll (5/01/13)* Employee Paychecks 51228 - 51276 89,726.26 Biweekly Payroll (5/15/13) Direct Deposit Statements 336565 - 336738 30,576.76 Interim Payroll - ARBA (5/01/13) Direct Deposit Statements 336739 - 337300 1,397,096.37 Biweekly Payroll (5/01/13) Direct Deposit Statements 337301 - 337878 1,400,428.92 Biweekly Payroll (5/15/13) Total Payroll Disbursements $ 3,001,583.06 Check numbers 51222-51227 used in prior period
Wire Transfer Payments OCSD Payroll Taxes & Contributions $ 1,568,959.46 Biweekly Payroll (5/01/13 & 5/15/13) W.M. Lyles Co. 1,126,278.20 Construction P1-101 (5/1/13 Total Wire Transfer Payments $ 2,695,237.66
Total Claims Paid 5/01/13 - 5/15/13 $ 13,391,719.83
EXHIBIT A fin/210/mm Page 10 of 10 5/22/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
Accounts Payable Warrants AECOM Technical Services, Inc. 56757 $ 39,598.39 Professional Services/Engineering Design Services Aerotek 56652 669.75 Professional Services/Temporary Services Aerotek 56770 429.90 Professional Services/Temporary Services Airgas Safety, Inc. 1046 429.84 Safety, Security, Health Equipment, Supplies, and Services Airgas USA, LLC 1047 1,380.38 Laboratory Services & Supplies Airgas USA, LLC 1056 283.39 Laboratory Services & Supplies American Express TVL Related Svcs Co., I 56653 2,203.89 Purchasing Card Program for Miscellaneous Travel Expenses American Institute of Chemical Engineers 56771 199.00 Professional Organizations Meeting/Training/Membership American Public Works Association 56654 695.00 Professional Organizations Meeting/Training/Membership American Society of Civil Engineers 56655 23.00 Professional Organizations Meeting/Training/Membership AON Risk Insurance Services West 56633 552,994.64 Insurance (Owner Controlled Insurance Program) AppleOne Employment Service 1048 2,124.20 Professional Services/Temporary Services AppleOne Employment Service 1057 2,398.40 Professional Services/Temporary Services ARS Enterprises, Inc. 56656 239.08 Laboratory Services & Supplies Associated Financial Planners 56772 156.60 Sewer User Refund AT & T Long Distance. 56658 20.83 Telecommunications AT & T Mobility II, L.L.C. 56659 218.74 Telecommunications AT & T Universal Biller 56657 151.40 Telecommunications Atkinson, Andelson, Loya, Rudd & Ruud 56660 1,961.00 Professional Services - Legal ATM AA, Inc. 56661 280.00 Lab Services AWSI 56662 171.00 Professional Services - DOT Program Administration AWSI 56773 412.50 Professional Services - DOT Program Administration Ayala Engineering 56663 4,625.00 Repair & Maintenance Services and/or Supplies Ballymore Company Inc. 56774 1,001.00 Material Handling Tools & Equipment Basler Electric 56776 1,190.17 Electrical/Electronic Equipment, Parts & Repairs Bayview Loan Servicing, LLC 56777 6,775.64 Sewer User Refund Bee Man Pest Control, Inc. 56778 520.00 Pest Control Services Ben's Equity LLS 56779 1,903.54 Sewer User Refund Black & Veatch Corporation 56634 58,252.19 Professional Services/Engineering Design Services BLX Group 56664 2,250.00 Professional Financial Services BNSF Railway Company 56665 4,150.00 Professional Services 2-41-04 Bre Properties Inc 56780 9,554.46 Sewer User Refund Buchi Corporation 56666 3,950.87 Repair & Maintenance Services and/or Supplies California Bank & Trust #201037519 56646 33,016.52 Construction California Dept. of Child Support 56781 2,366.85 Judgments Payable Cal-Therm Inc. 56782 3,970.00 Repair & Maintenance Services and/or Supplies Cambridge Isotope Labs 56783 1,118.58 Laboratory Services & Supplies Carl Warren & Co. 56667 300.00 Professional Services - Workers' Compensation Carollo Engineers 56668 1,319.78 Professional Services/Engineering Design Services Carollo Engineers 56760 80,961.96 Professional Services/Engineering Design Services Carollo Engineers 56784 16,472.16 Professional Services CCWC 56669 550.00 Professional Organizations Meeting/Training/Membership Centre for Organization Effectiveness 56785 3,525.00 Professional Services Charles P. Crowley Co. 56786 350.00 Repair & Maintenance Services and/or Supplies Chin Soung Lee 56841 3,159.49 Sewer User Refund City of Anaheim 56753 3,000.00 Water Use City of Fullerton 56813 127.08 Water Use City of Newport Beach 56709 338.52 Water Use
EXHIBIT B fin/210/mm Page 1 of 7 6/17/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
City of Seal Beach 56886 183.40 Water Use City of Westminster 56670 30.65 Water Use Cla-Val Co 56788 300.00 Valve Repair Clinical Health Systems, Inc 56789 563.03 Sewer User Refund CODESP 56671 3,050.00 Professional Organizations Meeting/Training/Membership Connell Chevrolet\GEO 56791 63.88 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Consumers Pipe & Supply Co. 1058 9,629.13 Repair & Maintenance Services and/or Supplies Converse Consultants 56672 2,746.00 Professional Services/Professional Services/Materials & Geotechnical Testing Converse Consultants 56792 2,353.00 Professional Services/Professional Services/Materials & Geotechnical Testing Cooperative Personnel Services 56675 318.00 Human Resources Services CORRPRO Companies, Inc. 56635 82,992.00 Professional Services/Temporary Services County of Orange 56754 2,016.00 Governmental Agency Fees & Charges County of Orange Auditor Controller 56674 750.00 Governmental Agency Fees & Charges County of Orange Auditor Controller 56793 1,590.00 Governmental Agency Fees & Charges Court Order 56832 2,179.38 Judgments Payable Court Order 56879 108.00 Judgments Payable CR&R, Inc. 56794 336.78 Waste Disposal CS-AMSCO 56676 8,886.35 Repair & Maintenance Services and/or Supplies CS-AMSCO 56795 20,458.28 Repair & Maintenance Services and/or Supplies Culiflex-Orange LLC 56796 1,261.49 Sewer User Refund Dahn Corporation 56797 322.95 Sewer User Refund DeGuelle Glass Co., Inc. 56798 184.54 Repair & Maintenance Services and/or Supplies Del Taco LLC 56799 635.63 Sewer User Refund Detection Instruments Corporation 56677 888.08 Electrical/Electronic Equipment, Parts & Repairs Douglas Hyundai Isuzu 56800 468.16 Sewer User Refund Dudek & Associates, Inc. 56636 38,884.06 Professional Services/Engineering Design Services Dunn-Edwards Corporation 56678 43.32 Facilities, Maintenance, Services & Supplies Ector W. Hamo 56821 1,737.98 Sewer User Refund Efren G. Lucena 56755 1,489.85 Meeting/Training Expense Reimbursement Electrabond 56801 3,756.88 Repair & Maintenance Services and/or Supplies Employee Benefits Specialists, Inc. 56679 3,021.20 Reimbursed Prepaid Employee Medical & Dependent Care Employee Benefits Specialists, Inc. 56761 824,583.18 Reimbursed Prepaid Employee Medical & Dependent Care Employee Benefits Specialists, Inc. 56802 12,433.12 Reimbursed Prepaid Employee Medical & Dependent Care Enchanter, Inc. 56680 3,040.00 Vessel Services - Monitoring Vessel Nerissa Enchanter, Inc. 56803 6,080.00 Vessel Services - Monitoring Vessel Nerissa ENS Resources, Inc. 56681 7,500.00 Professional Services - Federal Advocacy Environmental Engineering & Contracting 56804 4,847.00 Professional Services/Specialty Course Audits Environmental Resource Associates 56682 965.54 Laboratory Services & Supplies Farrotto LLC 56805 239.91 Sewer User Refund Fedex Corporation 56683 60.30 Freight Services First American Commercial 56806 742.19 Sewer User Refund First American Commercial 56807 8,036.97 Wastehauler User Fee First American Corelogic 56673 179.00 Software Maintenance Agreement First American Title Ins. Co. 56808 9,554.46 Sewer User Refund Fisher Scientific 56684 377.74 Laboratory Services & Supplies Fisher Scientific 56809 762.56 Laboratory Services & Supplies Fishing Boats Unlimited 56685 2,173.52 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Fluid Components Int. c/o Ponton Industr 56686 3,265.94 Repair & Maintenance Services and/or Supplies Ford Hall Company Inc 56810 662.58 Repair & Maintenance Services and/or Supplies
EXHIBIT B fin/210/mm Page 2 of 7 6/17/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
Fountain Business Centre 56811 3,708.17 Sewer User Refund Franchise Tax Board 56812 100.00 Judgments Payable Fresno First Bank-Acct 100013307 56746 9,509.90 Construction, Retention Fresno First Bank-Acct 100013315 56752 18,837.45 Construction, Retention Garland Manufacturing Co. 56814 1,090.52 Repair & Maintenance Services and/or Supplies Gate Software, LLC 56687 733.33 Computers, Software/Hardware & Managed Services Gerald C. Ostrowsky 56862 81.89 Sewer User Refund Golden State Overnight Delivery Service 56688 8.99 Courier Services Golden State Overnight Delivery Service 56815 232.04 Courier Services Golden West Window Service 56689 6,790.00 Facilities, Maintenance, Services & Supplies Golden Westminster Specialty Ctr. 56816 22,632.85 Sewer User Refund Goodyear Tire & Rubber Company 56690 503.76 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Grainger, Inc. 56691 9,123.57 Repair & Maintenance Services and/or Supplies Grainger, Inc. 56817 3,035.77 Repair & Maintenance Services and/or Supplies Grant Writing USA 56818 495.00 Professional Organizations, and Meeting/Training Registration Graybar Electric Company 56637 31,195.30 Electrical/Electronic Equipment, Parts & Repairs Graybar Electric Company 56819 14,688.07 Electrical/Electronic Equipment, Parts & Repairs Greentech Landscape, Inc 56692 395.00 Landscape Maintenance Services H&E Equipment Services 56820 623.22 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Haaker Equipment Company 56693 548.40 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Handy Hose Services 56694 751.40 Repair & Maintenance Services and/or Supplies Handy Hose Services 56822 1,459.73 Repair & Maintenance Services and/or Supplies Hanford Hotels, LLC 56823 8,244.17 Sewer User Refund Hill Brothers 1045 258,176.55 Chemicals, Water/Wastewater Treatment Home Depot 56824 233.63 Miscellaneous Parts and Supplies Hub Auto Supply 56826 766.51 Autos, Trucks & Marine Equipment, Parts, Accessories & Services ICC International Code Council 56827 100.00 Professional Organizations Meeting/Training/Membership Indiana Child Support Bureau 56828 290.00 Judgments Payable Industrial Safety Shoe Co. 56829 128.52 Safety, Security, Health Equipment, Supplies, and Services Industrial Threaded Products, Inc. 1049 7,903.53 Repair & Maintenance Services and/or Supplies Infrastructure Engineering Corp. 56695 2,136.19 Professional Services Irvine Ranch Water District 56830 73.79 Water Use ISA Publications 56696 290.00 Subscription J R Filanc Construction 56767 526,887.54 Construction Jacobs Project Management Co. 56762 108,046.23 Professional Services/Temporary Services Jae Hong, & Susan S. Park 56864 881.89 Sewer User Refund James D. Ruth 56756 10,000.00 Professional Services/Consultant James E. Colston 56749 900.83 Meeting/Training Expense Reimbursement Jamison Engineering Contractors, Inc. 56763 34,637.85 Professional Services/Construction Support Services Jays Catering 56831 700.65 Catering Services John M. Flores 56921 140.00 Meeting/Training Expense Reimbursement John R. Ralston 56751 300.00 Meeting/Training Expense Reimbursement JP Morgan Chase Bank, NA 56638 68,911.97 Purchasing Card Program for Miscellaneous Parts and Supplies JWC Environmental LLC 56697 10,401.49 Repair & Maintenance Services and/or Supplies Jwm Family Enterprises, LP 56833 6,512.47 Sewer User Refund Kaiser Permanente 56834 9,806.01 Sewer User Refund Kanawha Insurance Company 56698 2,425.66 Voluntary Benefits - SSTD Insurance Koff & Associates, Inc. 56835 4,095.00 Professional Services/Comp & Class Study L & S Properties 56836 158.81 Sewer User Refund
EXHIBIT B fin/210/mm Page 3 of 7 6/17/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
L. Johnson Painting 56837 4,675.00 Facilities, Maintenance, Services & Supplies La Costa Urgent Care And Family Practice 56838 75.00 Medical Services La Marche Manufacturing Co. 56839 3,861.96 Repair & Maintenance Services and/or Supplies LA Testing 56699 34.00 Safety, Security, Health Equipment, Supplies, and Services LA Testing 56840 23.00 Safety, Security, Health Equipment, Supplies, and Services Lab Support 56700 5,055.50 Professional Services/Temporary Services Lexis-Nexis 56701 6,438.00 Books & Publications On-Line Liberty Mutual Claims 56702 6,636.83 Insurance Lillestrand and Associates 56842 4,581.85 Professional Services Lucas Loukides 56843 955.67 Sewer User Refund Madankumar B. Patel 56750 116.00 Meeting/Training Expense Reimbursement Mail Dispatch, LLC 56703 314.70 Mail Delivery Service Malcolm Pirnie Inc. 56758 85,423.50 Construction Marinus Scientific 56844 86.40 Laboratory Services & Supplies Martin Enterprises Co. 56845 717.57 Sewer User Refund Martin F. & Lizete E. Bande 56775 2,827.50 Septic User Refund Mesa Consolidated Water District 56705 22.00 Water Use Mesa Muffler 56846 119.00 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Michael Chu 56787 1,115.22 Sewer User Refund Midway City Sanitary District 56639 54,630.00 Cooperative Projects - Urgent Repairs & Improvements Minako America Corporation 56768 64,887.48 Construction Moore Medical Inc. 1050 518.97 Medical Supplies Moore Medical Inc. 1059 368.37 Medical Supplies Moyer, Margaret Ann 56706 1,623.59 Septic User Refund MTM Recognition Corporation 56847 741.85 Service Awards MWH Americas, Inc. 56764 61,229.55 Professional Services/Engineering Design Services Mypek Corporation 56849 877.01 Sewer User Refund NASCO 56707 1,922.78 Tools & Supplies Nat Design Center 56850 518.96 Sewer User Refund National Properties Group 56851 621.53 Sewer User Refund National Tax Search 56852 6,031.54 Sewer User Refund Neal Supply Co. 56708 11,049.86 Repair & Maintenance Services and/or Supplies Neal Supply Co. 56853 5,134.08 Repair & Maintenance Services and/or Supplies Ninyo & Moore 56854 2,280.25 Professional Services/Geotech & Material Testing Norcal Controls Incorporated 56710 614.54 Repair & Maintenance Services and/or Supplies NRG Engine Services, L.L.C. 56855 448.16 Repair & Maintenance Services and/or Supplies Occupational Health Centers Of The 56790 159.19 Medical Services OCEA 56856 692.25 Dues Deductible ODC Engineering & Technology 56647 127,395.00 Construction Office Depot 56857 1,602.99 Office Supplies Old Republic Title Co. 56858 1,296.56 Sewer User Refund Olin Corporation 56711 24,054.79 Chemicals, Water/Wastewater Treatment Orange County Sheriff 56860 1,379.04 Judgments Payable Orange County United Way 56861 40.00 Employee Contributions Pace, Inc. 56712 590.00 Professional Services Pacific Mechanical Supply 1051 5,425.05 Repair & Maintenance Services and/or Supplies Pacific Mechanical Supply 1060 1,160.87 Repair & Maintenance Services and/or Supplies Pacific Parts and Controls, Inc. 56863 1,182.26 Repair & Maintenance Services and/or Supplies Parker Supply Company 1061 2,848.12 Miscellaneous Parts and Supplies
EXHIBIT B fin/210/mm Page 4 of 7 6/17/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
Parkhouse Tire, Inc. 56865 59.40 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Passanisi, Carmela 56866 3,378.94 Sewer User Refund Patriot Video Productions 56713 43.09 Miscellaneous Services PBS & J 56759 93,474.62 Professional Services/Engineering Design Services Peace Officers Council of CA 56867 2,058.50 Dues Deductions, Supervisors & Professionals People and Processes, Inc. 56869 4,995.00 Professional Organizations Meeting/Training/Membership PL Hawn Company, Inc. 56714 2,361.31 Repair & Maintenance Services and/or Supplies Plasti Fab Inc 56870 2,080.49 Repair & Maintenance Services and/or Supplies Ponton Industries, Inc. 56871 10,030.55 Laboratory Services & Supplies Power Bros. Machine, Inc. 56872 1,868.02 Repair & Maintenance Services and/or Supplies PR Electronics, Inc. 56715 3,658.34 Electrical/Electronic Equipment, Parts & Repairs PR Electronics, Inc. 56873 805.41 Electrical/Electronic Equipment, Parts & Repairs Praxair Distribution, Inc. 56874 187.66 Laboratory Services & Supplies Primrose Ice Co., Inc. 56875 498.75 Water & Ice Services Procare Work Injury Center 56876 330.00 Medical Services Professional Services/Core Ocean Monitor 56704 13,050.00 Marine Taxonomic Services, Ltd. Prudential Insurance Company of America 56765 47,098.06 Benefits Prudential Overall Supply 1052 1,482.63 Uniforms Prudential Overall Supply 1062 3,409.38 Uniforms Q Air - Calif. Div. Pump Engineering 56877 1,243.14 Repair & Maintenance Services and Supplies Quinn Power Systems 56878 2,120.89 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Rabobank, Escrow Acct# 272295573 56747 5,587.80 Construction Raymond Handling Solutions, Inc. 56716 185.00 Material Handling Tools & Equipment RBF Consulting 56717 3,510.00 Professional Services/Engineering Design Services RBF Consulting 56880 5,760.03 Professional Services/Engineering Design Services Red Wing Shoes 56881 590.56 Safety, Security, Health Equipment, Supplies, and Services Redhill Partners, LP 56882 3,818.92 Sewer User Refund Rende Consulting Group, Inc. 56883 225.00 Professional Services/Engineering Services Wintersburg Channel Rentacrate, L.L.C. 56718 440.41 Facilities, Maintenance, Services & Supplies RMS Engineering & Design, Inc. 56884 1,200.00 Professional Services/Engineering Design Services Robert J. Thiede 56922 146.50 Meeting/Training Expense Reimbursement Robert L. Pedersen 56868 128.18 Sewer User Refund RSA Soil Products 56719 1,290.00 Miscellaneous Parts and Supplies Sam Mushmel 56848 320.29 Sewer User Refund San Diego/Orange Fluid System Technologi 56720 1,732.20 Repair & Maintenance Services and/or Supplies SCAMIT 56885 90.00 Professional Services Sea Bird Electronics, Inc. 56721 1,541.00 Electrical/Electronic Equipment, Parts & Repairs Securitas Security Services USA, Inc. 56640 29,775.47 Safety, Security, Health Equipment, Supplies, and Services SETAC 56722 160.00 Professional Organizations Meeting/Training/Membership SGS Testcom, Inc. 56723 34.12 Computer Hardware and Services Shamrock Supply Co., Inc. 56724 3,880.70 Repair & Maintenance Services and/or Supplies Shelf Master, Inc. 56887 16,049.88 Repair & Maintenance Services and/or Supplies Shureluck Sales & Engineering 56725 701.68 Repair & Maintenance Services and/or Supplies Sigma-Aldrich, Inc. 56726 602.05 Laboratory Services & Supplies Sigma-Aldrich, Inc. 56888 578.96 Laboratory Services & Supplies Soil & Plant Laboratory Inc 56727 660.00 Outside Laboratory Services South Coast Air Quality Management Distr 56728 158.71 Governmental Agency Fees & Charges Southern California Edison 56641 313,463.38 Utilities SST Benefits Consutling & Insurance Serv 56889 4,500.00 Professional Services
EXHIBIT B fin/210/mm Page 5 of 7 6/17/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
Staheli Trenchless Consultants, Inc. 56890 3,154.00 Construction Stanek Constructors Inc 56648 297,148.73 Construction Staples 56729 237.80 Office Supplies Staples 56891 741.03 Office Supplies STL Landscape, Inc. 56892 3,000.00 Construction Summit Steel 1053 1,314.36 Repair & Maintenance Services and/or Supplies Summit Steel 1063 624.24 Repair & Maintenance Services and/or Supplies Synagro West, Inc. 56642 784,127.27 Biosolids Management Systea Scientific, L.L.C. 56893 1,633.86 Laboratory Services & Supplies Taco Factory 56730 145.80 Catering Services TDI 56731 21,737.50 Professional Services/Information Technology Terra Renewal, L.L.C. 56643 56,451.86 Grit & Screenings Disposal TestAmerica Ontario 1054 1,191.00 Laboratory Services & Supplies TestAmerica Ontario 1064 2,978.00 Laboratory Services & Supplies The Olde Ship 56859 3,186.86 Sewer User Refund The Unisource Corporation 56900 580.82 Paper & Office Supplies Theodore Robins Ford 56894 32.48 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Thompson Industrial Supply, Inc. 1055 1,852.05 Repair & Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 1065 32.18 Repair & Maintenance Services and/or Supplies Tiano Construction 56895 1,344.00 Facilities, Maintenance, Services & Supplies Time Warner Communications 56732 61.72 Telecommunications Toshiba Business Solutions USA Inc. 56733 2,436.02 Computers, Software/Hardware & Managed Services Tran Consulting Engineers 56896 2,880.00 Professional Services/Engineering Design Services Tropical Plaza Nursery, Inc. 56734 12,877.50 Landscape Maintenance Services Tropical Plaza Nursery, Inc. 56897 1,763.00 Landscape Maintenance Services Tuff Skin 56898 150.00 Autos, Trucks & Marine Equipment, Parts, Accessories & Services Tule Ranch/Magan Farms 56644 335,960.35 Biosolids Management Ultra Scientific 56899 2,877.27 Laboratory Services & Supplies United Parcel Service 56735 505.50 Freight Services United Parcel Service 56901 427.62 Freight Services United States Department Of The Treasury 56902 399.86 Judgments Payable Universal Flooring Systems, Inc. 56903 589.00 Facilities, Maintenance, Services & Supplies UPS Ground Freight, Inc. 56736 339.92 Freight Services US Airconditioning Distributors, Inc. 56737 129.60 Electrical Parts & Supplies US Peroxide, L.L.C. 56904 24,000.15 Chemicals, Water/Wastewater Treatment Valin Corporation 1066 3,443.79 Repair & Maintenance Services and/or Supplies Vapex Products, Inc. 56905 2,729.14 Electrical/Electronic Equipment, Parts & Repairs Verbal Ink 56738 214.75 Human Resources Services Verizon Wireless 56739 593.13 Telecommunications Verne's Plumbing 56906 6,770.06 Plumbing Services & Supplies Vertech Industrial Systems, Llc 56766 29,008.81 Professional Services/Construction Consulting Services Vibralign, Inc. 56907 1,647.14 Repair & Maintenance Services and/or Supplies Village Nurseries 56908 491.52 Repair & Maintenance Services and/or Supplies Vision Internet Providers, Inc 56740 190.20 Professional Services/Web Design Services VWR Scientific Products 56909 245.00 Laboratory Services & Supplies W.M. Lyles Co. 56649 180,688.10 Construction W.M. Lyles Co. 56650 352,911.55 Construction W.M. Lyles Co. 56651 101,168.20 Construction Walgreens Co., No. 06157-S 56910 1,102.61 Sewer User Refund
EXHIBIT B fin/210/mm Page 6 of 7 6/17/2013 Return to Agenda Report Claims Paid From 5/16/13 to 5//31/13
Vendor Warrant No. Amount Description
Wastewater Equipment International, Inc 56741 4,611.70 Repair & Maintenance Services and/or Supplies Water Environment Federation 56742 456.00 Professional Organizations Meeting/Training/Membership Waxie Sanitary Supply 56911 631.80 Janitor & Household Service & Supplies Weather and Wind Instrument Co. 56912 1,476.09 Miscellaneous Parts and Supplies Wells Supply Co. 56913 1,466.64 Repair & Maintenance Services and/or Supplies Wesley G. Bauer, II 56920 293.10 Meeting/Training Expense Reimbursement West Coast Arborists, Inc. 56743 9,599.50 Landscape Maintenance Services West Coast Safety Supply Co. 56914 2,806.92 Safety, Security, Health Equipment, Supplies, and Services West Coast Switchgear, Inc. 56915 810.00 Electrical/Electronic Equipment, Parts & Repairs West Lite Supply Company, Inc. 56916 13,421.11 Electrical/Electronic Equipment, Parts & Repairs William D. Cassidy 56748 330.24 Professional Organizations Meeting/Training/Membership Winzer Corporation 56917 480.60 Repair & Maintenance Services and/or Supplies Woodruff Spradlin & Smart 56645 139,131.27 Professional Services - Legal WPL Publishing 56744 499.00 Books & Publications WRIPAC 56918 50.00 Professional Organizations Meeting/Training/Membership Xpedx, An International Paper Company 56919 1,834.56 Miscellaneous Supplies Yorba Linda Water District 56745 68.29 Utilities 7 Crowns Motel 56769 995.32 Sewer User Refund Total Accounts Payable - Warrants $ 6,641,081.27
Payroll Disbursements Employee Paychecks 51277 $ 120.00 Interim Payroll - Reissuance of voided check (5/21/13) Employee Paychecks 51278 - 51314 84,831.00 Biweekly Payroll (5/29/13) Employee Paychecks 51315 - 51338 3,936.33 Interim Payroll - ARBA (5/31/13) Employee Paychecks 51339 - 51342 1,981.72 Interim Payroll - IDEA checks (5/28/13) Employee Paychecks 51343 2,515.99 Interim Payroll - Voluntary Resignation hours (5/28/13) Employee Paychecks 51344 688.21 Interim Payroll - Voluntary Resignation accrual payout (5/28/13) Direct Deposit Statements 337878 - 338441 1,470,134.29 Biweekly Payroll (5/29/13) Direct Deposit Statements 338442 - 338617 30,826.76 Interim Payroll - ARBA (5/31/13) Total Payroll Disbursements $ 1,595,034.30
Wire Transfer Payments OCSD Payroll Taxes & Contributions $ 791,889.75 Biweekly Payroll (5/29/13) Union Bank of California 15,297.91 Workers' Compensation Services (5/16/13) Total Wire Transfer Payments $ 807,187.66
Total Claims Paid 5/16/13 - 5/31/13 $ 9,043,303.23
EXHIBIT B fin/210/mm Page 7 of 7 6/17/2013 Meeting Date To Bd. of Dir. BOARD OF DIRECTORS -- 06/26/13 Item Number Item Number AGENDA REPORT -- 5 Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Victoria Pilko
SUBJECT: NEWHOPE-PLACENTIA & CYPRESS TRUNK REPLACEMENTS, PROJECT NO. 2-65
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 1 to the Reimbursement Agreement with the City of Fullerton by adding a Buy America clause pursuant to federal requirements for Newhope- Placentia & Cypress Trunk Replacements, Project No. 2-65.
SUMMARY
The City of Fullerton (City) in conjunction with Orange County Transportation Authority (OCTA) is performing the State College Boulevard Grade Separation Project (Grade Separation Project) which consists of lowering the grade of State College Boulevard so it passes underneath the railroad tracks. Existing utilities and minor cross streets in the area will be impacted.
Construction of the Grade Separation Project will require the abandonment, realignment, and upsizing of Orange County Sanitation District (Sanitation District) facilities as part of the City’s project. In August 2011, the Sanitation District and the City entered into a Reimbursement Agreement whereby the Sanitation District agreed to reimburse the City for the required modifications to the Sanitation District facilities.
The Grade Separation Project is a Federal Aid project and is required to comply with the Federal Highway Administration (FHWA) Buy America Requirements (Code Federal Regulations, title 23, sec 635.410) which permits FHWA participation in the Grade Separation Project only if domestic steel and iron will be used on the project. OCTA requested that the Buy America clause be added to the Reimbursement Agreement to comply with the FHWA requirements. If the Sanitation District or other utility owners do not comply, the Project may not be certified and the federal funding source may be in jeopardy. The additional Buy America requirements should not have a significant cost or schedule impact to the Sanitation District’s required modifications as part of the Grade Separation Project.
PRIOR COMMITTEE/BOARD ACTIONS
July 2011 – Approved a Reimbursement Agreement with the City of Fullerton for Newhope-Placentia & Cypress Trunk Replacements, Project No. 2-65, for an amount not to exceed $5,050,000 and a contingency of $300,000 (6%). Page 1 of 2
ADDITIONAL INFORMATION
The Grade Separation Project scope consists of lowering the grade of State College Boulevard below the Burlington Northern and Santa Fe (BNSF) Railroad. Subsequently, all utilities located on State College Boulevard and arterial streets will be realigned; the majority of which are proposed to be relocated in a non-exclusive easement on private property located east of the eastern most right-of-way boundary. The Sanitation District’s facilities consist of a 10 to 12-inch sewer located along the west side of State College Boulevard and an 18-inch sewer located along the east side of State College Boulevard.
CEQA
The City of Fullerton as lead agency has filed all required CEQA documentation. The project is categorically exempt and the City of Fullerton filed a Notice of Exemption in May 20, 2010.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District’s Delegation of Authority. The project budget (FY2012-13 Section 8, Page 19) is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
07/27/2011 $5,050,000 $300,000 (6%) 06/26/2013 N/C N/C $5,050,000 $300,000 (6%)
ATTACHMENTS The following attachment(s) is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
• Amendment No. 1 to Agreement (3 pages)
VP:dm
Page 2 of 2
Return to Agenda Report
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT (OCSD) AND THE CITY OF FULLERTON FOR DESIGN AND CONSTRUCTION OF OCSD SEWER FACILITIES IN CONJUNCTION WITH STATE COLLEGE BOULEVARD GRADE SEPARATION
THIS AMENDMENT NO. 1, is made and entered into and effective on this _____ day of ______, 2013, ("Effective Date"), by and between the:
ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "OCSD";
AND
CITY OF FULLERTON, California, A Municipal Corporation, hereinafter referred to as "City."
OCSD and City are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties."
RECITALS
WHEREAS, The City and OCSD entered into an Agreement entitled "Agreement Between the Orange County Sanitation District (OCSD) and the City of Fullerton for Design and Construction of OCSD Sewer Facilities in Conjunction with State College Boulevard Grade Separation Project", dated August 24, 2011, (hereinafter "Agreement") which sets forth the duties and obligations between the City and OCSD concerning the relocation of OCSD's facilities for the State College Boulevard Grade Separation Project ("Grade Separation Project"); and
WHEREAS, The Grade Separation Project is a Federal Aid Project and is required to comply with the Federal Highway Administration (FHWA) Buy America Requirements pursuant to 23 CFR §635.410 and 23 U.S.C. §313; and
WHEREAS, The City of Fullerton has requested that the Parties amend the Agreement to include a Buy America provision to comply with the FHWA requirements; and
WHEREAS, The Parties agree to enter into this Amendment No. 1 to the Agreement to add a Buy America clause pursuant to federal requirements.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and OCSD agreed as follows:
I. Section 21 is hereby added to the Agreement as follows:
Page 1 of 3 932073.1 Return to Agenda Report
"Section 21: The Parties understand that said Grade Separation Project is a Federal Aid Project and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement by reference.
City and OCSD shall comply with the Federal Highway Administration (FHWA) Buy America Requirements of 23 Code of Federal Regulations (CFR) 635.410, which permits FHWA participation in the Agreement only if domestic steel and iron will be used on the project. To be considered domestic, all steel and iron used and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. This requirement does not preclude minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract cost."
II. No Other Changes. This Amendment No. 1 is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions of the Agreement, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respect govern and control. Unless otherwise specifically defined herein, terms used in this Amendment shall have the same meaning as ascribed to them in the Agreement. The execution and delivery of this Amendment shall not operate as a waiver of or, except as expressly set forth herein, an amendment of any right, power or remedy of either party in effect prior to the date hereof.
III. Counterparts. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the Parties hereto may execute this Amendment by signing any such counterpart.
[SIGNATURES ON FOLLOWING PAGE]
Page 2 of 3 932073.1 Return to Agenda Report
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 to the Agreement as of the Effective Date set forth above.
ORANGE COUNTY SANITATION DISTRICT:
By: ______Print Name: Troy Edgar Title: Chair, Board of Directors
ATTEST:
By: ______Print Name: Maria Ayala Title: Clerk of the Board, Board of Directors
APPROVED AS TO FORM:
By: ______Bradley R. Hogin General Counsel
CITY OF FULLERTON
By: ______Print Name: ______Title: ______
ATTEST:
By: ______Print Name: ______Title: ______
APPROVED AS TO FORM:
By: ______City Attorney
Page 3 of 3 932073.1 Meeting Date To Bd. of Dir. BOARD OF DIRECTORS -- 06/26/13 Item Number Item Number AGENDA REPORT -- 6 Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Wendy Smith
SUBJECT: LAKEVIEW AVENUE GRADE SEPARATION PROJECT NO. 2-75, REIMBURSEMENT AGREEMENT AMENDMENT
GENERAL MANAGER'S RECOMMENDATION
A. Adopt Resolution No. OCSD 13-08, certifying the Notice of Exemption for the Lakeview Avenue Grade Separation Project, Finding that the Lead Agency CEQA Compliance Obligations have been Fulfilled, and Related Actions (Project No. 2-75); and,
B. Approve Amendment No. 1 to a Reimbursement Agreement with Orange County Transportation Authority for the Lakeview Avenue Grade Separation Project by adding a clause requiring the Orange County Sanitation District to comply with Federal Highway Administration Buy America requirements, in a form approved by special counsel.
SUMMARY
In conjunction with the City of Anaheim and the City of Placentia, the Orange County Transportation Authority (OCTA) is performing the Lakeview Grade Separation Project, Project No. 2-75 (Project). The Project consists of raising the grade of Lakeview Avenue so it passes over the Burlington Northern and Santa Fe (BNSF) railroad tracks at the intersection of Orangethorpe Avenue. The Project will be constructed by OCTA to the Orange County Sanitation District (OCSD) standards and OCSD has the right to an on-site inspector. Project Construction is scheduled to begin in April 2014.
Per the terms of the Reimbursement Agreement, OCSD will reimburse OCTA for the construction costs of the Project. The estimated amount of construction is $250,000. Pending certification by the Federal Highway Administration (FHWA), the initial funding for the Project will come from the Congestion Management and Air Quality (CMAQ) funding group. For this grant funding to be available to the Project, the owners of each utility are required to comply with Buy America requirements (Code of Federal Regulations, title 23, sec. 635.410). If OCSD, or other utility owners, do not comply, the Project may not be certified and the federal funding source may be in jeopardy.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
February 2012 - Approved Reimbursement Agreement with OCTA for the relocation of OCSD facilities located within the boundaries of the Lakeview Avenue Grade Separation Project, Project 2-75, for an amount not to exceed $250,000.
ADDITIONAL INFORMATION
The entirety of OCSD’s pipeline is located in the City of Anaheim and City of Placentia public right of way (Orangethorpe Avenue). OCSD has the right to use the public right- of-way within our service boundary to construct, operate, and maintain facilities for wastewater transportation (CA Health and Safety Code Section 4759 and 4759.1); however, the right is considered a statutory franchise right and as such the principle of “prior in time, prior in right” applies. The public right-of-way existed before OCSD’s facility; therefore, it is OCSD’s responsibility to pay for the Project.
Due to the fact that OCSD and OCTA are represented by the same law firm, OCSD has retained the services of Rutan and Tucker, LLP concerning this Project and Agreement.
CEQA
The City of Placentia is the lead agency under the California Environmental Quality Act (CEQA), for the proposed Lakeview Avenue Grade Separation Project. Resolution No. OCSD 13-XX makes CEQA findings required from OCSD as a CEQA responsible agency and then makes a finding that the City of Placentia has satisfied CEQA compliance.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District’s Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 21). Project contingency funds will not be used for this amendment.
Date of Approval Contract Amount Contingency 02/22/12 $250,000 N/A 06/26/13 N/A
ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
1. Resolution No. OCSD 13-08 2. Amendment No. 1 to Agreement
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Page 2 of 2
Return to Agenda Report
RESOLUTION NO. OCSD 13-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT CERTIFYING THE NOTICE OF EXEMPTION FOR THE LAKEVIEW AVENUE GRADE SEPARATION PROJECT; AND FINDING THAT LEAD AGENCY CEQA COMPLIANCE OBLIGATIONS HAVE BEEN FULFILLED.
The Board of Directors of the Orange County Sanitation District does hereby find:
A. The Orange County Sanitation District (OCSD) owns sewers in the Lakeview Avenue Grade Separation Project area.
B. The Cities of Placentia and Anaheim have contracted with the Orange County Transportation Agency (OCTA) to design and construct the Lakeview Avenue Grade Separation Project.
C. The Orange County Transportation Agency (OCTA) has proposed the relocation of the sewers along Orangethorpe Avenue and Lakeview Avenue to accommodate a railroad grade separation.
D. The City of Placentia is the lead agency under the California Environmental Quality Act (CEQA), for the proposed protection/relocation of the Lakeview Avenue Grade Separation Project.
E. The City of Placentia prepared a Notice of Exemption for the Lakeview Avenue Grade Separation Project pursuant to the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines.
F. The City of Placentia certified the project and the Notice of Exemption on November 17, 2008 and filed a Notice of Determination on November 18, 2008.
G. No comments or challenges were filed during the 30-day review period for the Project.
H. OCSD is a responsible agency under the California Environmental Quality Act (CEQA).
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
OCSD 13-08 Page 1 of 2
Return to Agenda Report
Section 1: That the Board of Directors certifies the Notice of Exemption as complete and adequate in that it addresses all of the environmental effects of the Project and fully complies with the requirements of CEQA and the CEQA Guidelines environmental analysis procedures. All of the information comprising the Notice of Exemption is on file with the City of Placentia at 401 East Chapman Avenue, Placentia, California.
Section 2: The Board of Directors finds that Project has no known potentially significant environmental impacts.
Section 3: The Board of Directors finds that no substantial evidence has been presented which would call into question the facts and conclusions of the City of Placentia in preparing and filing a Notice of Exemption.
Section 4: The Board of Directors finds that the Notice of Exemption reflects the independent review and judgment of the Orange County Sanitation District.
Section 5: The Board of Directors finds that a Notice of Exemption serves as adequate and appropriate environmental documentation for the Project.
PASSED AND ADOPTED at a regular meeting held on June 26, 2013.
______Chair, Orange County Sanitation District
ATTEST:
______Clerk of the Board
OCSD 13-08 Page 2 of 2
Return to Agenda Report
Orange County Transportation Authority
AMENDMENT NO. 1 TO UTILITY AGREEMENT Page 1 of 2
Project Location County Route
Lakeview Avenue Orange Orangethorpe Lakeview Avenue Grade Separation Rail Corridor
Federal Aid No. N/A Notice SO205-1 Number Owners File: SO205-1 OCSD Amendment to Utility Agreement.doc
Date: Grade Yes No Separation:
AMENDMENT NO. 1 TO UTILITY AGREEMENT NO: SO205-1 UASS DATE ______
The Orange County Transportation Authority, herein after called “OCTA”, and Orange County Sanitation District, herein after called “OCSD,” have entered into the Utility Agreement No:SO205-1 UASS dated March 8, 2012 which sets forth the terms and conditions to which OCSD has agreed to relocate its facility for the OCTA Grade Separation Project.
OCTA and OCSD agreed to Amendment No.1 to the Utility Agreement No: SO205-1 UASS dated March 8, 2012.
To accommodate the OCTA Grade Separation Project
It is hereby mutually agreed that:
I. GENERAL CONDITIONS
It is understood that said Project is a Federal Aid Project and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement by reference.
OWNER shall comply with the Federal Highway Administration (FHWA) Buy America Requirements of 23 Code of Federal Regulations (CFR) 635.410, which permits FHWA participation in the Agreement only if domestic steel and iron will be used on the project. To be considered domestic, all steel and iron used and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. This requirement does not preclude minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract cost.
IN WITNESS WHEREOF, the parties have executed this AMENDMENT No.1 to UTILITY AGREEMENT as of, and this AMENDMENT shall be effective as of, the “Date” set forth on the face page of this AMENDMENT No.1 to UTILITY AGREEMENT.
AMENDMENT NO.1 TO UTILITY AGREEMENT NO. SO205-1UASS
Revised 5/8/2013 680281.1 Return to Agenda Report
Orange County Transportation Authority
AMENDMENT NO. 1 TO UTILITY AGREEMENT Page 2 of 2
ORANGE COUNTY SANITATION DISTRICT:
By: ______
Print Name: ______
Title: ______
APPROVED AS TO FORM:
By: ______Robert Owen Special Counsel
ORANGE COUNTY TRANSPORTATION AUTHORITY, A public entity
By: ______
Print Name: ______
Title: ______
APPROVED AS TO FORM:
By: ______Donald McIntyre Special Counsel
Revised 5/8/2013 680281.1
Meeting Date To Bd. of Dir. BOARD OF DIRECTORS -- 06/26/13 Item Number Item Number AGENDA REPORT -- 7 Orange County Sanitation District
FROM: James Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Wendy Smith
SUBJECT: TUSTIN/ROSE AVENUE GRADE SEPARATION PROJECT NO. 2-76, UTILITY AGREEMENT OCSD-2
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Utility Agreement OCSD-2 with the Orange County Transportation Authority in a form approved by Special Counsel; and,
B. Approve and authorize the Chair to execute an easement deed with the Orange County Transportation Authority for the new pipeline alignment in a form approved by Special Counsel; and,
C. Authorize the General Manager to negotiate a sale agreement with Orange County Transportation Authority and execute a quitclaim deed with the City of Anaheim removing the encumbrance of the existing easement located in Tustin Avenue.
SUMMARY
In conjunction with the City of Anaheim and the City of Placentia, the Orange County Transportation Authority (OCTA) is performing the Tustin/Rose Avenue Grade Separation Project. The project consists of raising the grade of Tustin/Rose Avenue over the Burlington Northern and Santa Fe (BNSF) railroad tracks. The location of the bridge abutments will necessitate the relocation of the Orange County Sanitation District’s (OCSD) facilities. The relocation of OCSD’s facility is Project No. 2-76. The project will be constructed by OCTA to OCSD standards. Project construction is scheduled to begin in June 2013.
Due to the complicated nature of property rights, OCTA and OCSD will be executing two Utility Agreements (OCSD-1 and OCSD-2). OCSD-1 applies to the 24-inch pipe located in Orangethorpe Avenue. OCSD does not have an easement for this facility. OCSD-2 applies to the 27-inch pipe located in Tustin Avenue. OCSD has an easement for this facility. Please reference Exhibit A for a map of the project area.
Per the terms of Utility Agreement OCSD-2, OCTA will pay for the costs to relocate OCSD’s facilities located in Tustin Avenue. OCTA has also agreed to pay for the design and construction administration costs. The newly realigned pipeline will be located in an easement on the Orange County Water District’s (OCWD) property, Page 1 of 3
adjacent to Tustin Avenue. OCTA has acquired the easement and the ability to assign rights to each of the utility owners that will be relocated to the easement. Upon completion of the project, OCTA will quitclaim the easement to OCWD; the assigned rights of the utility owners will persist.
The easement deed allows OCTA to construct and OCSD to maintain a 27-inch pipeline on adjacent OCWD property with notification requirements for regular maintenance and future construction that exclude emergency situations. OCWD does not have the right to terminate the easement without written consent from OCSD and both agencies will negotiate in good faith if the enlargement of OCSD’s facility is required.
The existing easement in Tustin Avenue located under the flyover to be constructed by OCTA will be quitclaimed to the City of Anaheim after the new sewer line has been placed in service. OCTA has begun an appraisal process to determine the worth of the existing easement.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OCSD’s pipeline in Tustin Avenue is located in an easement acquired by an eminent domain action before the public right of way was established and as such has prior rights. OCSD’s facilities consist of a 27-inch reinforced concrete pipe that conveys flow south on Tustin Avenue across the railroad right-of-way. The newly realigned pipeline will be located within a non-exclusive easement corridor located on adjacent OCWD property west of Tustin Avenue.
OCSD has the right to have an on-site inspector at the construction site to oversee the work for the duration of the project.
Due to the fact that OCSD and OCTA are represented by the same law firm, OCSD has been represented by Rutan and Tucker, LLP concerning this project and agreement.
CEQA
The City of Placentia is the lead agency under the California Environmental Quality Act (CEQA), for the proposed Tustin/Rose Avenue Grade Separation Project. Resolution No. OCSD 13-10 makes CEQA findings required from OCSD as a CEQA responsible agency and then makes a finding that the City of Placentia has satisfied CEQA compliance.
Page 2 of 3
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District’s Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 22). Project contingency funds will not be used for this agreement.
ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
1. Utility Agreement OCSD-2 (3 pages) 2. Exhibit A (1 page) 3. Easement Deed (21 pages)
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Page 3 of 3
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Orange County Transportation Authority
UTILITY AGREEMENT Page 1 of 3
Project Location County Route
Tustin Avenue Orange Orangethorpe Tustin Avenue Grade Separation Rail Corridor between Atwood Channel and Orangethorpe Avenue
Federal Aid No. CLMN-6071(061) Notice OCSD-2 Number Owners File: SO204.3.4 OCSD Utility Agreement.docx
Date: Grade Yes No Separation:
UTILITY AGREEMENT NO: OCSD-2 DATE ______
The Orange County Transportation Authority, (OCTA) proposes to construct a grade separation at Tustin Avenue between Atwood Channel and Orangethorpe Avenue (Grade Separation Project) on behalf of the Cities of Anaheim and Placentia.
Orange County Sanitation District (OCSD) owns and maintains sanitary sewer facilities (Facilities) within the boundaries of the Grade Separation Project. The Facilities must be relocated in order to construct the Grade Separation Project.
To accommodate the Grade Separation Project,
It is hereby mutually agreed that:
I. WORK TO BE PERFORMED
In accordance with Notice to Owner (in the form attached hereto as Exhibit “A”), OCTA shall relocate the Facilities (Facilities Relocation) on behalf of OCSD within the new easement granted to OCSD by OCTA for this purpose, OCTA will provide plans, specifications and estimates (Relocation Plans) for the Facilities Relocation to OCSD for review and approval at least 30 calendar days before advertisement of the Relocation Plans for bids. The Relocation Plans will be prepared in conformance with OCSD’s regulations, procedures, manuals, standards and specifications, and other applicable agency standards. OCTA shall perform the Facilities Relocation in substantial conformance with the Relocation Plans. No modification, waiver or amendment of the Relocation Plans will be valid unless the same is in writing and executed by duly authorized representatives of OCTA and OCSD. OCTA shall not interrupt the sewer services provided by OCSD to its customers without the prior written approval of OCSD, OCTA’s Contractor shall make every effort to minimize the duration of temporary sewer facility use.
II. LIABILITY FOR WORK
The Facilities will be relocated in the new easement granted to OCSD by OCTA for this purpose, OCTA’s expense shall be One Hundred Percent (100%) and OCSD’s expense shall be Zero Percent (0%).
III. PERFORMANCE OF WORK:
OCTA agrees to perform the Facilities Relocation with its own forces or to cause the Facilities Relocation to be performed by OCTA’s contractor as a component of the contract for the Grade Separation Project, and to furnish all necessary labor, materials, tools and equipment required therefore, and to prosecute said work diligently to completion.
OCTA agrees to require all legally required bonds, including a Faithful Performance Bond and a Labor and material Bond.
IV. PAYMENT FOR WORK
It is understood and agreed that the OCTA will not pay for any betterment or increase in capacity of the Facilities.
V. INSURANCE
OCTA will require its. Contractors and sub-contractors to maintain the following insurance coverage during the entire period of the Facilities Relocation at levels no less than required by law, with the following minimum insurance coverage:
a. Commercial General Liability, to include Products/Completed Operations, Independent Contractors, Contractual Liability and Personal Injury Liability with at least $5,000,000 of coverage.
b. Automobile Liability Insurance with the following limits:
1) Bodily Injury and Property Damage with limits of $1,000,000.00 per accident combined single limit;
c. Worker's Compensation with limits as required by the State of California. Revised 6/19/2013
Orange County Transportation Authority
UTILITY AGREEMENT Page 2 of 3
OCTA will require that OCSD is an additional insured for purposes of this insurance coverage.
VI. WARRANTY
OCTA will obtain on behalf of OCSD a one-year warranty on the work to be performed for all of OCSD sewer facilities from OCTA’s construction contractor. OCTA will promptly notify OCSD of the commencement of the warranty period, which commencement shall not occur prior to OCSD’s acceptance of the work as complete.. Such warranty will read as follows:
“Contractor guaranteed for a period of one (1) year from the date of final acceptance of the work by OCTA (for OCSD) that the Contractor will repair or move and replace any work, together with any other work which may be displaced in so doing, this is found to be defective in workmanship and/or materials without any expense to OCTA or its assigns, ordinary wear and tear excepted. If Contractor fails to comply with this warranty within one (1) week after being notified in writing, OCTA (OCSD) or is assigns are authorized to proceed to have the defects remedied at Contractors expense. Contractor will pay the cost and charges thereof immediately on demand. If, in the opinion of OCTA (OCSD) or its assigns, defective work detected during the guarantee period creates a dangerous condition or requires immediate correction or modification to prevent further loss to OCTA (OCSD) or its assigns or to prevent interruption of OCTA’s (OCSD) or its assigns’ operations, OCTA (OCSD) or its assigns will be authorized to repair the condition without prior notice to the Contractor and Contractor will pay the cost and charges thereof immediately upon demand. Contractor’s obligations under this section are in addition to Contractor’s other express or implied assurances under the Construction Contract and State and in no way diminish any other rights that OCTA (OCSD) or its assigns may have against Contractor for faulty materials, equipment, or work. Contractor agrees that this warranty and guarantee will be freely assignable to the Orange County Sanitation District without any further notice to or consent from Contractor.
VII INDEMNIFICATION
a. OCTA shall defend, indemnify and hold harmless OCSD, and its officers, agents, elected officials, and employees, from and against all liability, claims, losses and demands, including defense costs and reasonable attorney’s fees, whether resulting from court action or otherwise, arising out of the acts or omissions of OCTA, its officers, agents, or employees, in the performance of this Agreement, excepting acts or omissions directed by OCSD, or by its officers, agents or employees, acting within the scope of their employment, for which the OCSD agrees to defend and indemnify OCTA in a like manner. This indemnity shall survive even after the termination of this Agreement.
b. OCSD shall defend, indemnify and hold harmless OCTA, and its officers, agents, elected officials, and employees from and against all liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether resulting from court action or otherwise, arising out of the acts or omissions of OCSD, its officers, agents, or employees, in the performance of the Agreement, excepting acts or omissions directed by OCTA, or by its officers, agents, or employees, acting within the scope of their employment, for which OCTA agrees to defend and indemnify OCSD in a like manner. This indemnity shall survive even after the termination of this Agreement.
VIII GENERAL CONDITIONS
If the Grade Separation Project is canceled or modified so as to eliminate the necessity for the Facilities Relocation, OCTA will notify OCSD in writing. Thereafter, the parties will meet and confer to discuss an amendment to this agreement that shall provide for close out of the work. OCTA agrees to cease all work under this agreement on or before the effective date of any such notice. The amendment shall provide that OCTA reimburse OCSD the cost of the Facilities Relocation Project. Such costs shall include but not be limited to the cost of labor and materials.
OCTA shall submit a Notice of Completion to the OCSD within 30 days of the completion of work described herein. The parties intend the Facilities Relocation to be made within the street rights of way of the Cities of Anaheim and Placentia, subject to all of the rights, restrictions, and limitations of OCSD’s statutory franchise in the Cities streets.
OCTA agrees to provide all staff, employees, agents, consultants and contractors deemed necessary and appropriate by OCTA to manage, administer, coordinate and oversee engineering design, right-of-way, construction and construction management of the Facilities Relocation. As deemed necessary and appropriate by OCTA, OCTA agrees further to prepare construction contract documents, advertise and award construction contracts, and conduct construction administration and construction management for the Facilities Relocation.
Any quitclaim by OCTA of the easement acquired from the Orange County Water District relating to the Grade Separation Project shall specifically reserve from the quitclaim the portion of the easement granted by OCTA to OCSD.
OCTA will invite OCSD staff to all construction progress meetings that are focused on the Facilities Relocation.
OCTA will provide OCSD staff with contractor schedules and updates.
OCTA will notify OCSD 48 hours prior to the need for an inspection.
OCTA will cause OCSD to be provided with “as-built drawings of the relocated Facilities upon completion of the Facilities Relocation.
OCTA will begin the appraisal process to determine the value of the existing OCSD easement located in Tustin Avenue within three months of the start of construction.
Revised 6/19/2013 Return to Agenda Report
Orange County Transportation Authority
UTILITY AGREEMENT Page 3 of 3 OCSD will perform a recorded closed-circuit television (cctv) review of the Sewer Facilities before and after construction and within the last 20 business days of the warranty period. OCSD will provide a copy of the recordings to OCTA promptly after each review is performed.
OCSD shall be entitled to a 60-day submittal review period
OCSD shall be entitled to have an on-site inspector in the work area.
OCSD shall have ability to witness and verify geotechnical testing and survey elevations.
Both parties agree to collaborate and cooperate with staff, consultants, employees, agents and contractors during design and construction of the Facilities Relocations.
OWNER shall comply with the Federal Highway Administration (FHWA) Buy America Requirements of 23 Code of Federal Regulations (CFR) 635.410, which permits FHWA participation in the Agreement only if domestic steel and iron will be used on the project. To be considered domestic, all steel and iron used and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. This requirement does not preclude minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract cost.
This agreement contains the entire agreement between the parties and supersedes any prior oral or written statements or agreements between the parties.
UTILITY AGREEMENT NO.OCSD-2
IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of, and this AGREEMENT shall be effective as of, the “Date” set forth on the face page of this AGREEMENT.
ORANGE COUNTY SANITATION DISTRICT:
By:______
Print Name: ______
Title: ______
Approved As To Form:
By: ______Robert Owen, Rutan & Tucker, LLP Special Counsel
ORANGE COUNTY TRANSPORTATION AUTHORITY, A public agency
By: ______
Print Name: ______
Title: ______
Approved As To Form:
By: ______R. Donald McIntyre Special Counsel
Revised 6/19/2013 Return to Agenda Report Tustin/Rose Grade Separation Project Exhibit A - Agreement Limits
OCSD-1 OCSD-2
LEGEND Manhole Manhole ² Sewer Gravity
0 250 500 Feet Return to Agenda Report NO FEE DOCUMENT Government Code §6103 & §27383
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
Orange County Transportation Authority 550 South Main Street Orange, CA 92863-1584 The Above Space For Recorder’s Use Only Attn: Capital Programs OK to Grant: Project Name: Tustin Rose Grade Separation Project Date: Address: 1397 North Tustin Ave., Anaheim, CA 92807 APN(s): 345-151-02 Project Parcel No.: TR-007-01-E
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE. EASEMENT The ORANGE COUNTY TRANSPORATION AUTHORITY, A Public Entity ("OCTA") acquired certain easement rights in the Easement Area described below and the right to assign such rights by way of a grant of easement from the Orange County Water District ("OCWD") dated October 26, 2012, a copy of which is attached hereto as Exhibit "1" (the "OCWD Grant"). Pursuant to the OCWD Grant and the conditions contained therein and in this Easement and for valuable consideration, receipt and sufficiency of which is hereby acknowledged, OCTA, hereby grants to the ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District (“Grantee”), its successors and assigns, a non-exclusive easement ("Easement") upon certain real property situated in the City of Anaheim, County of Orange, State of California, which is described in Exhibit “A” (legal description), and depicted on Exhibit “B” (plat to accompany legal description) which are attached to Exhibit "1" and as is further depicted on Exhibit "2" (map showing location of sewer line), all of which are made a part hereof (the “Easement Area”). 1. GRANT OF EASEMENT. OCTA grants to Grantee the non-exclusive right of access to and use of the Easement Area to construct, install and maintain a 27" sewer line, as such access and use is further described in the OCWD Grant and the attachments thereto. Grantee's 27" sewer line shall be located in the property depicted in Exhibit "2". Should Grantee determine that enlargement of the sewer line is necessary to continue its necessary functions, Grantee shall notify OCWD; and both parties shall negotiate in good faith concerning said enlargement. This Easement shall not be terminated without the express written consent of Grantee. 2. RESERVATION. The rights granted herein shall be subject to the reservations made herein and in the OCWD Grant, including all rights not inconsistent with this Easement, including but not limited to perpetual access rights across, through, under and over the Easement Area for OCWD and its authorized contractors, agents, and invitees, to install, construct, re-construct, maintain, replace, remove and replace telephone lines, pipelines, wells, pumps and appurtenance equipment and to move equipment, vehicles, materials and personnel over, under, across or through the Easement Area to access OCWD's adjacent lands and the right to lease, license or sell the Easement Area or use the Easement Area for whatever use OCWD so desires. Additional reservation is made to OCTA and its authorized contractors, agents, and invitees, to install, construct, re-construct, and maintain the Project. This Easement shall be subject to further reservation to grant non-exclusive easement rights to those entities and for those purposes identified in the OCWD Grant. Such use, license, lease, sale and reservation shall not unreasonably interfere with Grantee's rights under this Easement. 3. COMPLIANCE WITH REGULATORY AUTHORITIES. Grantee shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all present and future orders, regulations, directions, 1 899336.1 Revision 1- 02.26.13 rules, laws, ordinances, permits and requirements of all governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction in, on, over and about the Easement Area, which arise from Grantee’s use of or performance of any activities permitted to be conducted in, on, over, or across the Easement Area.
4. TERMINATION OR ABANDONMENT. Grantee agrees that in the event Grantee's use of the Easement Area ceases for a continuous period of more than one (1) year without written notice from Grantee to OCWD of the circumstances affecting such suspension and of Grantee’s intention to resume usage of the Easement Area, Grantee shall, at OCWD's request, execute and deliver to OCWD for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement from title.
5. INDEMNIFICATION. Grantee, its successors and assigns, shall indemnify and hold harmless and defend OCWD and OCTA, their directors, officers, employees, successors and assigns (collectively, “Grantor Indemnitees”) from and against any and all loss, cost, claim, or liability (“Claims”) occurring on the Easement Area arising out of or in any way relating to the use of the Easement by Grantee, its employees or contractors, or the exercise by Grantee, its employees or contractors of the rights granted by this Easement, except for Claims arising out of the negligence or willful misconduct of the Grantor Indemnitees, or for any Claims arising out of or in any way relating to the occupancy or use of the Easement Area by the Grantor Indemnitees. Grantee or its successor or assign shall pay any and all costs and expenses, including reasonable attorney fees in connection therewith. In case OCWD or OCTA shall be made a party to any litigation commenced by or against Grantee, Grantee shall accept a tender of the defense and handling of such litigation from OCWD or OCTA, and Grantee shall, notwithstanding any allegation of negligence or fault on the part of OCTA or OCWD, defend Grantor, and pay all costs, expenses and reasonable attorneys' fees incurred or paid by Grantor in connection with any such litigation; provided, however, to the extent OCTA or OCWD is ultimately determined, by verdict, to be liable for all or part of such loss, damage or injury due to its negligence or willful misconduct, then OCWD or OCTA, as the case may be, shall pay those damages for which it is liable and reimburse Grantee its proportionate share of the cost of any expenses and attorneys' fees incurred by Grantee in defending such Claims. All of the indemnity obligations of Grantee under this Paragraph 5, or as otherwise set forth in this Easement shall survive the expiration or earlier termination of this Easement.
6. SUCCESSORS. This Easement, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, OCTA and Grantee, and their respective successors, transferors, and assigns. OCWD shall be a third party beneficiary of this Easement to the extent provided herein.
7. GOVERNING LAW. This Easement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California; and in the event of any dispute resulting in litigation, the venue of such litigation shall be in Orange County.
8 COORDINATION, CONSTRUCTION AND MAINTENANCE. To the extent Grantee conducts construction or excavation activities or otherwise disturbs the surface of the Easement Area, Grantee agrees to notify OCWD in writing sixty (60) days in advance of such planned activities, obtain OCWD's General Manager or his designee’s written approval of all plans prior to commencement of any such activities. Once approved by OCWD’s General Manager or its his designees, no changes or alterations shall be made to the plans without their prior written approval. Said approval shall not be withheld unreasonably, nor shall said approval be necessary in routine maintenance activities which do not involve disturbance of the surface area. Additionally, Grantee agrees to provide notice of construction, excavation, or related ground disturbing activities to other grantees and holders of easements or rights of way within the Easement Area, at least 30 days prior to undertaking such activity. A complete list of such grantees and holders of easements or rights of way is referenced in Paragraph 2(D) of the November 2012 Right of Way Contract between OCTA and OCWD (attached to Exhibit 1 hereto). Grantee shall, upon receipt of comment from another grantee or OCWD, use good faith efforts to ensure that the proposed activity governed by this paragraph does not interfere with the access and use rights of other grantees. In the event of an emergency, such that immediate repairs are necessary to protect the public health, safety or 2 899336.1 Revision 1- 02.26.13 Return to Agenda Report welfare, or to prevent significant losses of service or property damage, Grantee may access the Easement Area to conduct such repairs upon giving concurrent notice to OCWD.
To the extent Grantee exercises such rights to utilize the Easement Area which use results in the disturbance of the Easement Area; Grantee shall restore the Easement Area to the condition that existed prior to Grantee's entry into the Easement Area. Grantee shall restore any of OCWD's facilities damaged or removed as the result of Grantee's construction activities to the state that existed prior to disturbance of Easement Area at Grantee's sole cost and expense.
Grantee shall, at no cost to OCTA or OCWD, maintain in good repair and in safe condition all facilities constructed, used or placed upon the Easement Area by or on behalf of Grantee pursuant to this Easement.
9. AUTHORITY. Each individual executing this Easement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Easement and that said entity will thereby be obligated to perform the terms of this Easement.
10. CONVEYANCE SUBJECT TO EXISTING INTERESTS. This Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area and the use of the word “grant” herein shall not be construed as a covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to Grantee of rights in the Easement Area which exceed those owned by OCTA, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or OCTA or OCWD's interest therein.
11. TERMINATION. If Grantee abandons the rights and privileges granted in this Easement, Grantee shall record a deed quit claiming to OCWD all the rights, privileges and interests granted herein.
Executed this day of ______, 2013.
IN WITNESS WHEREOF, the parties executed this agreement on the dates set forth below: GRANTOR:
ORANGE COUNTY TRANSPORATION AUTHORITY A Public Entity
By: ______Darrell Johnson, CEO
Date: ______, 2013
APPROVED AS TO FORM: Law Office of R. Donald McIntyre
By: ______R. Donald McIntyre, Special Counsel
Date: ______, 2013
3 899336.1 Revision 1- 02.26.13
ACKNOWLEDGMENT
STATE OF CALIFORNIA ) ) COUNTY OF ORANGE )
On ______, 2013, before me, ______, Notary Public, personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______(seal)
4 899336.1 Revision 1- 02.26.13 Return to Agenda Report CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the this Easement from ORANGE COUNTY TRANSPORTATION AUTHORITY to ORANGE COUNTY SANITATION DISTRICT, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of Grantee pursuant to authority conferred by its Board of Directors, and that Grantee consents to recordation thereof by its duly authorized officer.
Dated: ______By: ______
Its:
ACKNOWLEDGMENT
STATE OF CALIFORNIA ) ) COUNTY OF ORANGE )
On ______, 2013, before me, ______, Notary Public, personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______(seal)
5 899336.1 Revision 1- 02.26.13 Recorded in Official Records, Otange County NO FEE DOCUMENT Renee Ran1rez, Assistant Clerk-Recorder Government Code §6103 & §27383 D D NOFE L..c~ i·' r t/.r;?)/a 2012000800498 9 2.7 an 12,,26;1.2 RECORDING REQUESTED BY AND 117 402 E01 15 WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 42.00 0.00 ().()() 0.00
Orange County Transportation Authority 550 South Main Street Orange, CA 92863-1584 Attn: Capital Programs The Above Space For Recorder's Use Only OK to Accept: __ Project Name: Tustin Avenue/Rose Drive Grade Separation Project Date: ____ Address: 1397 North Tustin Ave., Anaheim, CA 92807 APN(s): 345-151-02 Project Parcel No.: TR-007-01
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE. EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the ORANGE COUNTY WATER DISTRICT, organized under Chapter 924 of the Statutes of 1933, as amended ("Grantor"), hereby grants to ORANGE COUNTY TRANSPORTATION AUTHORITY, A Public Entity, ("Grantee"), its successors and assigns, a non-exclusive easement ("Easement") upon certain real property situated in the City of Anaheim, County of Orange, State of California, which is described in Exhibit "A" (legal description), and depicted on Exhibit "B" (plat to accompany legal description), attached hereto and made a part hereof (the "Easement Area"), upon the terms set forth below. This Easement grants to Grantee the right of access to the Easement Area and to use of the Easement Area for the relocation, construction and maintenance of above ground and below ground utilities and other construction purposes in connection with Grantee's Tustin A venue/Rose Drive Grade Separation project ("Project"), all of which access and utility rights are more particular described in that certain Right of Way Contract for Tustin Avenue/Rose Drive Grade Separation Project entered into by and between Grantor and Grantee (hereafter, "Right of Way Contract"), which is attached hereto as Exhibit "C" and incorporated herein by this reference. 1. ASSIGNMENT. Grantee may assign its rights in this Easement only to those entities and for those uses identified in the Right of Way Contract and more specifically to the City of Anaheim for construction, access and maintenance of Project retaining walls; to the City of Anaheim Electric for access and maintenance of overhead electric transmission lines and appurtenances; to AT&T for access and maintenance of overhead telephone lines and appurtenances; for installation, access and maintenance to Southern California Gas Company for a 4" gas line and appurtenances and to the Orange County Sanitation District for a 27" sewer line and appurtenances; for access only to Metropolitan Water District to its 60" water line; and to Burlington Northern Santa Fe railroad for access to its railroad facilities and to Southern California Edison for access to its facilities. Any such assignments by Grantee shall be consistent with and be made subject to the terms and conditions set forth in this Easement. 2. RESERVATION. Grantor hereby reserves all rights not inconsistent with this Easement, including but not limited to perpetual access rights across, through, under and over the Easement Area for itself and its authorized contractors, agents, and invitees, to install, construct, re-construct, maintain, replace, remove and replace telephone lines, pipelines, wells, pumps and appurtenance equipment and to move equipment, vehicles, materials and personnel over, under, across or through the Easement Area to access Grantor's adjacent lands, and the right to lease, license or sell the Easement Area or use the Return to Agenda Report Grantee's entry into the Easement Area. Grantee shall restore any of Grantor's facilities ("Facilities") damaged or removed as the result of Grantee's construction activities to the state that existed prior to disturbance of Easement Area at Grantee's sole cost and expense.
To the extent Grantor has any Facilities or features in the Easement Area which might interfere with Grantee's construction of any facility approved in accordance with Paragraph 2 of this Easement, Grantee agrees to relocate such Facilities or features at Grantee's sole cost and expense to a location that is approved by GRANTOR'S General Manager or his designee and will not interfere with Grantee's facilities proposed to be constructed by or on behalf of Grantee.
Grantee shall, at no cost to Grantor, maintain in good repair and in safe condition all facilities constructed, used or placed upon the Easement Area by or on behalf of Grantee pursuant to this Easement.
9. AUTHORITY. Each individual executing this Easement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Easement and that said entity will thereby be obligated to perform the terms of this Easement.
10. CONVEYANCE SUBJECT TO EXISTING INTERESTS. This Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to Grantee of rights in the Easement Area which exceed those owned by Grantor, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or Grantor's interest therein.
11. TERMINATION. Upon completion or abandonment of the Project all rights and privileges granted in this Easement to Grantee shall terminate and Grantee shall record a deed quit claiming to Grantor any and all rights, privileges and interests granted by this Easement. Executed this day of October, 2012.
[Signatures on next page] Return to Agenda Report ACKNOWLEDGEMENT
State of California County of SS On Oc7lJl!k.~ ;;z-~ '2citLbefore me, ~Jv,OY:--~ , Notary Public, personally appeared fu/Cj"f;/le'- /?M!He>C-v.5 who proved to me on the basis of satisfactory evidence to be the person -~·!l'fwhose names~·~/are·subscribed to the within instrument and acknowledged to me tha~sh&tfiey executed the same in ~erftheir authorized capacity (i:eBt, and that by his/her/their signature ~·· on the instrument the person ~, or the entity upon behalf of which the personefacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
JUDY-RAE KARLSEN Commission # 19110843 Notary Public • C111ifomia (SEAL) Orange County 1
ACKNOWLEDGEMENT
State of California
--~---=---=------' Notary Public, nnc•<>re•rl --~~'d':2~~'.._!.__:::::::_.!__!_.::::::_'._:'...'..~_::::,:::::_ who proved to me on the basis of satisfactory evidence to be the person (8'.fwhose names Es)@re-subscribed to the within instrument and acknowledged to me that-in:;/@/t.fw.y executed the same in-k1sf~heitauthorized capacity (ies), and that by trts/tfi@'thetr signature ts) on the instrument the person~, or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
Witness my hand and official seal.
(SEAL) (Signature) Return to Agenda Report 'K' of the Kraemer in of of State as shown on a map recorded in Book I 2, 87 and of Misccllarmous 1:..v1A;1u;:;, in the Office of the Recorder of Los '"' "'"",..." more as follovvs:
Jiii:GfNNING at the intersection of the centerline of Tustin Avenue as shown cm Record of Number 94-1 recorded in Book 1 ofRecords of in the office of the recorders of the in Grant Deed recorded June 3, 1960 in Book 5271, Records of said South 89''39' l 9" West (North East per said
68.04 foet to the O~' ~~,~AU
,,,....,,,+h~w1u line South 89°39'19" West 65.00 thence South 00"20'41" East 44.00 East 71.02 feet to a line and distant line of said Tustin Avenue (120 feet thence line South 03'"26'39" East 214.85 thence South 01°33'2 l West 68.84 feet to a line with, and distance westerly 25.38 feet ""'''"""'"'., line of Parcel 2 as in the Amended Final Order of No, 95879 recorded January 25, ! 962 in Book 6 ! 8 through 62 i, Official Records of said line South 03°26'39" East 80. I 8 to a line parallel with, and di.stunt line of said Tustin thence parallel line 03°26'39" East l thence South 28°53'26" \Vest 93.48 thence South 0!<'06'34" East 75.66 feet to a
Pagel of2 l'v1:\2H.!G020 l 00\SUR\i EY\LEGALS\DESCRlPTlONS\X-! ,0-ACQ·APN 34 5-15!-02 (PA RCEl, T!UXO,() l LREV AND MA!t~S SOUTHERN COUNTIES CAUFORN!A PER O.R. AND EGRESS l2 N03'2tl'39"W 47.00' TO CiTY ANAHEIM U NS6' 5,62f 5988, PG. 618, O.R. L4 S89'Jf:f19"W 8.49' 13) I \ AREA TO BE CONVEYED EASEMENT AREA ± 30,182 SQ.Fl \ POINT OF BEGINNING 60' TPOB TRUE POINT OF BEGINNING 60' I STREET CENTERUNE I STREET RiGHT OF WAY I EXISTENT EASEMENT I I ''"' ,., ,,,,,, >•<' ., ,, >••>' '' I 0 (D , i tO ... <{) • " (' ·.. ' .... ' ' .... -· "~\ · ! NO. TR-007-01 --·~·-~~~=~--~""""":~~~~· ---1 oon:Dnci:·n EASEMENT \ l AREA ± 30,182 SQ.FT. 78.15' ORDER \ I 1 I NO. PLAT TO ACCOMPANY LEGAL DESCRIPTION PG. 618, OR APN: 3415-151-02 o' 60' 120' BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE CALlFORN!A COORD!NA TE SYSTEM OF 1983, ZONE 6. D!VlDE DISTANCES SHOWN BY 0.99999084 TO OSTA!N GROUND DISTANCES, Return to Agenda Report ORANGE COUNTY TRANSPORTATION AUTHORITY Page I of3 RIGHT OF WAY CONTRACT TUSTIN AVENUE/ROSE DRIVE GRADE SEPARATION PROJECT RW 8-3 (Rev. 6/95 TR-007-01 TR-007-02 TR-007-03-A TR-007-03-B 345-151-02 California Parcel No. APN STPL-6071 (061) Grantor: Orange County Water District, Federal No. a public corporation Orange County Water District ("Grantor") is the owner of certain real property located at 1379 North Tustin Avenue, Anaheim, CA ("the Property"). Orange County Transportation Authority ("OCTA") seeks to purchase interests in the Property. The interests in the Property that OCTA seeks to purchase are set forth in Document No. TR-007-01, in the form of a Easement Deed and legally described in Exhibit A and shown on the plat map marked Exhibit B attached thereto; and Document No.TR-007-02, in the form of Temporary Construction Easement Deed and legally described in Exhibit A and shown on plat map marked Exhibit B attached thereto and Document Nos. TR-007-03-A and TR-007-03-B in the form of Aerial Easement Deeds and collectively legally described in Exhibit A and shown on the plat map marked Exhibit B attached thereto. It is mutually agreed as follows: l. OCTA requires the property interests described in Document Nos. TR-007-01, TR-007-02, TR-007-03-A and TR-007- 03-B for implementation of the Tustin Avenue/Rose Drive Grade Separation Project, a public use for which OCTA has the authority to exercise the power of eminent domain. 2. OCT A shall: (A) Pay into escrow the sum of$ 781,400.00 for the acquisition of the property interests described above and said amount shall be conveyed to Grantor when said property interests transfer to OCT A in "as-is" condition free and clear of all monetary liens and leases and taxes. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by OCTA, the premium charged therefore. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due with respect to such property interests, together with penalties and interest thereon, and/or delinquent and non delinquent assessments which have become a lien at the close of escrow. (D) Have the right to assign its rights described in Document No. TR-007-01 to the City of Anaheim, City of Anaheim Electric, AT&T, Southern California Gas, Orange County Sanitation District, Metropolitan Water District, BNSF Railway Company, and Southern California Electric. (E) Have the right to assign its rights described in Document No. TR-007-03-A to City of Anaheim Electric and in Document No. TR-007-03-B to AT&T. (F) The assignments referenced in Clause 2(D) and Clause 2(E) above shall be consistent with and subject to the terms and conditions of the easement to be granted from Grantor to OCT A , as such shall be evidenced by a written certification of Grantor to OCT A prior to recordation of each assignment. 3. GRANTOR shall: (A) Grant an easement to the Orange County Flood Control District for access to the Atwood Channel for maintenance and operations purposes. 884323.1 Return to Agenda Report ORANGE COUNTY TRANSPORTATION AUTHORITY Page 3 of 3 RIGHT OF WAY CONTRACT TUSTIN AVENUE/ROSE DRIVE GRADE RW 8-3 (Rev. 6/95) 11. The acquisition price of the property interests being acquired in this transaction reflects the fair-market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, OCTA may elect to recover its cleanup costs from those who caused or contributed to the contamination. 12. This transaction will be handled through an escrow with Lawyers Title Insurance Company, 4100 Newport Place Drive, Newport Beach, CA 92660 , Title Report No. 12427180 . Escrow Number ______ In WITNESS WHEREOF, the parties have executed this agreement the dates set forth below. GRANTEE: ORANGE COUNTY TRANSPORTATION AUTHORITY, a Public Entity Date: _l~(-~-·~l ______By: w~t~ Chief Executive Officer APPROVED AS TO FORM: NO OBLIGATION OTHER THAN THOSE SETFORTH HEREIN WILL BE RECOGNIZED 884323.1 Return to Agenda Report SECTION A-A LEGEND N.T.S. 27" SANITARY SEWER (OCSD) UTILITY CORRIDOR USERS 4" GAS LINE (SCG) ACCESS & FACILITIES: ACCESS ONLY: TELEPHONE LINE (AT&T) - OCSD - BNSF OVERHEAD ELECTRICAL (COA) COAE (OH) COAE (OH) UTILITY CORRIDOR EXHIBIT 2 - CITY OF ANAHEIM (ELECTRIC) - MWD UNDERGROUND ELECTRICAL (COA) E (UG) E (UG) E (UG) - SOUTHERN CALIFORNIA GAS - OCFCD TUSTIN/ROSE GRADE SEPARATION PROJECT - OCWD WATER LINE (COA) - AT&T OCTOBER 2012 Meeting Date To Bd. of Dir. BOARD OF DIRECTORS -- 06/26/13 Item Number Item Number AGENDA REPORT -- 8 Orange County Sanitation District FROM: Nick Kanetis, Director of Engineering Originator: Jim Colston, Environmental Compliance Manager SUBJECT: UPDATE TO THE DRY WEATHER URBAN RUNOFF POLICY GENERAL MANAGER'S RECOMMENDATION A. Repeal Resolution No. 01-07, Establishing Dry Weather Urban Runoff Policy. B. Adopt Resolution No. OCSD 13.09, Policy for Dry Weather Urban Runoff, to establish policies governing the acceptance of urban runoff discharges to OCSD's sewerage system up to a maximum monthly average flow of 10 million gallons per day. SUMMARY Since 1999, in accordance with Resolution No. 01-07 and prior resolutions, the Orange County Sanitation District (OCSD), as a part of a county-wide regional effort, has been accepting, treating, recycling and properly disposing of bacterial laden urban runoff from several coastal watersheds in Orange County to reduce public health impacts on Orange County’s beaches. The effectiveness of this Urban Runoff Program has been demonstrated through an observable and gradual decrease in the number of beach closures along Huntington State Beach and other city beaches. To date, the program continues to provide public health and environmental protection for Orange County’s coastal resources, while also providing an economic benefit to the local economy by helping to keep its beaches open. Staff recommends updating the current Urban Runoff Policy to eliminate the 4 million gallons per day (MDG) threshold for payment by the permittees. Due to increasingly strict receiving water quality standards, OCSD received requests to accept additional urban runoff discharges. On an annual basis, urban runoff discharges average 2 MGD; however, during the heaviest discharge months, the flows peak at 3.5 MGD. Proposed new urban runoff flows will result in average monthly flows of 4-6 MGD. Under OCSD's current Dry Weather Urban Runoff Policy, Resolution No. OCSD 01-07, ("Urban Runoff Policy") all permit holders will pay for all treatment costs when the monthly average flow from urban runoff permits exceeds 4 MGD. The flows from proposed new diversions would trigger the collection of wastewater treatment charges for the first time since adoption of the Urban Runoff Policy. The Board of Directors requested action to amend the Urban Runoff Policy. As part of the 2010 and 2011 Strategic Plan initiatives, staff was directed to seek cost recovery for urban runoff discharges. In response to the Strategic Plan, OCSD staff met with interested stakeholders, including cities and agencies with existing urban runoff permits, to explain Page 1 of 5 936603.1 the issues and costs associated with the current Urban Runoff Diversion Program. OCSD staff discussed cost sharing among the Municipal Separate Stormwater Sewer Systems (MS4) National Pollutant Discharge Elimination System (NPDES) permit members, and with OC Watersheds, the lead agency for Orange County’s NPDES Stormwater permit. The conclusions from these discussions included the following: (1) OC Watersheds does not have the legal authority to impose fees; therefore, a mechanism for equitably allocating the costs to the MS4 members did not appear feasible through the regulatory scope of that agency; and (2) the diversions proposed by MS4 NPDES permittees are for pollutants (mainly bacteria and selenium) that are not readily treatable by conventional stormwater best management practices. Based on feedback received from OCSD’s Operations and Administration Committees, including public input from the County of Orange and local coastal cities, staff is bringing forward a recommendation (see Option 2) to eliminate the 4 MGD cost threshold. The 10 MGD cap on total urban runoff flows would remain under the new policy as drafted. PRIOR COMMITTEE/BOARD ACTIONS November 2011 – Adopted the updated Strategic Plan which reiterates the desire for cost recovery for urban runoff flows. Direction is given to negotiate with the County of Orange as the MS4 NPDES permit holder. November 2010 – Adopted the updated Strategic Plan which included a new goal, the full- cost recovery for the urban runoff flows. March 2001 – Adopted Resolution No. 01-07 Establishing Dry Weather Urban Runoff Policy. ADDITIONAL INFORMATION Since 1999, OCSD has treated a total of 7.0 billion gallons of dry-weather urban runoff from the City of Huntington Beach, Orange County Public Works, City of Newport Beach, Irvine Ranch Water District, and The Irvine Company. The total cost for treatment of these flows has reached $5.9 million during this period. Treatment costs are projected to increase to $1,013,000 for fiscal year 2012-13 if the diversion flows remain unchanged. Five additional urban runoff diversions have been proposed to deal with bacteria and selenium loading to the Upper Newport Bay Watershed: Peters Canyon in the City of Irvine, Big Canyon Wash in the City of Newport Beach, and the Delhi, Santa Fe, and Lane flood control channels in the City of Santa Ana. The discharge from the additional five proposed diversions combined with the existing diversion flows will exceed the 4 MGD payment threshold. At present, Urban Runoff permit holders include: City of Huntington Beach, Irvine Ranch Water District, the Irvine Company, the City of Newport Beach (pending) and Orange County Public Works. Proceeding with the Strategic Plan initiative, staff has: Page 2 of 5 936603.1 A. Presented the preliminary Urban Runoff Cost Recovery Plan to the County of Orange NPDES Technical Advisory Committee (TAC). OCSD staff met with the TAC on two additional occasions to (i) update them on the cost recovery issue including the proposed options, (ii) document their suggested changes to the proposed rate structure, and (iii) inform the group of the plan to take this item to the OCSD Board for consideration. B. Met with the following County of Orange representatives at OC Watersheds: Senior water quality engineer - OC Watersheds Manager - Environmental Resources - OC Watersheds Manager - OC Public Works - OC Engineering, Flood Control Manager - OC Watersheds C. Met with City of Newport Beach's assistant city engineer and the City of Huntington Beach's environmental engineer. D. Drafted a revised Urban Runoff Policy to replace Resolution No 01-07. The revised document eliminates all language referring to waiving fees and charges, and it establishes provisions for levying a permit application fee and various use charges (revised draft may need further revisions based upon the Board’s direction). E. Met with the TAC subcommittee (representatives from Huntington Beach, Irvine, and Newport Beach) to discuss the urban runoff rate structure options. Met with a representative from the City of Santa Ana after the TAC subcommittee meeting. F. Met with representatives from the City of Irvine and the Irvine Ranch Water District to discuss the diversion of Peters Canyon. OPTIONS FOR BOARD/COMMITTEE CONSIDERATION Four options for cost allocation of Urban Runoff discharges were presented to the Operations and Administration Committees. The four options are: Option 1: Maintain Resolution No. 01-07 (Status Quo) Option No. 1 would maintain the existing waiver of charges associated with the authorized discharge of urban runoff at or below the 4 MGD threshold, but would charge the permittees for the entire flow volume, including the initial 4 MGD, if the 4 MGD threshold were exceeded. This option requires no changes to Resolution No. 01-07. Option 2: Abandon Cost Recovery for Urban Runoff Completely [Staff Recommendation] Option No. 2 would remove all requirements for permittees to pay for treatment costs from the Urban Runoff Program. This option would require modifications to Resolution No. 01- 07 [See attached draft Resolution modifying the current policy.] Option 3: Begin Cost Recovery for Flows Above 4 MGD on a Proportional Basis Page 3 of 5 936603.1 Option No. 3 would waive all costs below the 4 MGD threshold, but would proportionally charge the permittees a use charge based upon flow, Biochemical Oxygen Demand (BOD), and Suspended Solids (SS) for flows above the 4 MGD threshold monthly average. This option would require the Board of Directors to repeal and replace Resolution 01-07. Option 4: Change the Threshold for charges to begin at 6 MGD Option No. 4, offered by TAC, recognizes the merit of Option No. 3 above, but requests increasing the threshold from 4 MGD to 6 MGD. Regardless of which proposal the Board ultimately chooses to advance, TAC supports the following Urban Runoff Policy modifications: • Increase the 4 MGD cost recovery threshold to 6 MGD. • Change the average flow calculation method for the threshold from monthly to yearly (this essentially allows the permittees to manage flows on an annual basis to avoid all treatment charges). • Apply charges only to flows over the threshold and avoid retroactively applying charges to the flows below the threshold amount (i.e. OCSD would assume the cost of treating all flows up to the threshold amount). OCSD staff recommends that all options retain the daily 10 MGD cap on urban runoff discharges. URBAN RUNOFF TREATMENT COST COMPARISON* (Cost Estimates in Million Dollars per Year) Average Option 1 Option 2 Option 3 Option 4 Daily Permittees’ Permittees’ Permittees’ Permittees’ OCSD’s Cost OCSD’s Cost OCSD’s Cost OCSD’s Cost Discharge Cost Cost Cost Cost 0-4 MGD 0-2 0 0-2 0 0-2 0 0-2 0 4-6 MGD 0 2-3 2-3 0 2 0-1 2-3 0 6-10 MGD 0 3-5 3-5 0 2 1-3 3 0-2 *Cost projections based upon 2012 diversion discharge flows (FY 2012-13 Class I use charge rates) Comparison Cost Analysis* OCSD would cover $2,000,000 of treatment costs for urban runoff up to the 4 MGD threshold under options 1 and 3 based upon the fiscal year 2011-12 flow diversion numbers and applicable user rates. Under option 3, the permittees would collectively assume the treatment cost for up to 6 MGD (flows between the 4 MGD threshold and the 10 MGD cap) at a potential annual cost of $3,000,000, allocated according to the proportional contribution of each permittee. Under option 2, OCSD would potentially incur the entire Urban Runoff treatment cost of $5,000,000 if diversion flows reach the 10 MGD cap. The entire cost of treatment for all Urban Runoff diversion flows shifts to the permittees above 4 MGD under option 1. Page 4 of 5 936603.1 6 MGD Threshold Cost Analysis* OCSD would cover $3,000,000 of Urban Runoff treatment costs up to the 6 MGD threshold under option 4. Under option 4, the permittees would collectively assume the treatment cost for up to 4 MGD (flows between the 6 MGD threshold and the 10 MGD cap) at a potential annual cost of $2,000,000 allocated according to the proportional contribution of each permittee. Estimated Future Cost Under Current and Proposed Policy** The following table provides an estimated allocation of charges under the current policy based upon actual 2012 diversion discharges plus the estimated flows from the proposed diversions if the total of those five additional discharges reach their projected flow of 4 MGD. At this projected diversion level, the average monthly discharge will likely exceed the 4 MGD threshold during six months of the year. Under the staff recommendation, Option 2, OCSD will not charge the individual urban runoff dischargers. OCSD will pay for the treatment costs estimated up to $2.7 million per year under planned discharges. CURENT POLICY ON ESTIMATED URBAN RUNOFF CHARGES** (Estimated User Charges in Dollars per Year) Huntington Beach Newport Beach IRWD OCPW Santa Ana OCSD Option 1 267,295 32,506 536,261 339,737 679,103 711,078 % 10% 1% 21% 13% 26% 28% **Estimate based upon FY 2012-13 Class I use charge rates CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE Depending on the outcome of the process, changes to the annual budget may be necessary to cover increased or reduced costs for flow and strength of urban runoff discharges. ATTACHMENTS The following attachment(s) is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments: • Urban Runoff Diversion Report (7 pages) • Resolution No. OCSD 13-09, Policy for Dry Weather Urban Runoff (6 pages) MS:JC:jb:gc Page 5 of 5 936603.1 Return to Agenda Report Orange County Sanitation District URBAN RUNOFF DIVERSION REPORT BOARD STEERING COMMITTEE May 22, 2013 Prepared by Environmental Compliance Division Return to Agenda Report Supplemental Urban Runoff Questions 1. Where do urban runoff flows originate geographically? What upstream cities/areas contribute to the diversions? Orange County Public Works (OCPW) Santa Ana River Diversion While the Santa Ana River watershed runs all the way to San Bernardino, due to the capture of the surface water below Prado Dam for groundwater recharge, the majority of the flow reaching the OCPW diversion originates downstream of the percolation basins near Anaheim Stadium. Cities contributing to the Santa Ana River diversion include Anaheim, Garden Grove, Orange, Santa Ana, Fountain Valley, a tiny corner of Costa Mesa, and by way of the Santiago Creek tributary, Villa Park and Tustin. OCPW Greenville Channel Diversion The Greenville Channel drains approximately 9.0 square (sq.) miles on the eastern side of the Santa Ana River. A single tributary, the Fairview Channel, flows into Greenville Channel south of Adams Avenue and the system terminates at the Santa Ana River south of Hamilton Avenue. This system provides flood protection to the cities of Costa Mesa and Santa Ana. OCPW Huntington Beach Channel The Huntington Beach channel Begins at Adams Avenue and ends at its confluence with Talbert Channel. Since this diversion is located at the head of the channel, the only tributary to this diversion is the City of Huntington Beach’s local storm drain system that runs all the way to Ellis Avenue. All flows to this diversion originate within Huntington Beach. OCPW Talbert Channel Diversion The Talbert Channel drains approximately 13.3 sq. miles on the western side of the Santa Ana River. The Talbert Channel ends at Brookhurst Street where it feeds into the restored Talbert Marsh wetlands. Initially constructed by early settlers to make the land usable for agriculture, the flood channels were re-engineered in the late 1950’s to contain 65% of a 25 year flood. In 1990, steel sheet piles were installed to meet the 100 year flood standard. This system, which includes the Fountain Valley Channel tributary, provides flood protection to the cities of Huntington Beach and Fountain Valley. Huntington Beach Diversions All eleven Huntington Beach (HB) diversions are linked to a local storm drain system. With the exception of the 1St Street diversion, these systems are adjacent to either a county flood channel or the Santa Ana River where they discharge during wet weather. Flows for all the HB diversions originate within Huntington Beach. Irvine Ranch Water District (IRWD) Diversions The two IRWD diversions, Los Trancos Canyon and Muddy Canyon, are both natural creeks that originate in the San Joaquin Hills just southwest of Highway 73. Los Trancos drains approximately 2.2 sq. miles and terminates in the Pacific Ocean at Crystal Cove. Farther south, Muddy Canyon drains approximately 1.7 sq. miles and terminates in the Pacific Ocean at El Morro. Both diversion structures are located on the inland side of Pacific Coast Highway. All flows to these two diversions originate within the area annexed by the City of Newport Beach in 2002. While these watersheds now reside within Newport Beach, both of these diversions are regulated through permits issued to IRWD, the agency that owns and maintains the structures. Page 2 Return to Agenda Report Newport Beach - Dunes Diversion The Newport Beach - Dunes diversion is located off of Back Bay Drive at Jamboree Road on the southwest corner of the Hyatt Resort. The storm drain system flows into the Newport Dunes swimmer’s area adjacent to the foot bridge. In addition to several local storm drain systems, the diversion is fed by the overflow from a golf course lake. Flows to this diversion originate within Newport Beach. The Irvine Company - Pelican Point Diversion The Pelican Point diversion, located on The Pelican Hill Golf Club’s Ocean South Course, is bordered by the Pacific Coast Highway to the northeast, and Crystal Cove State Park to the southwest. This subwatershed drains approximately 0.2 sq. miles. The outlet of the storm drain is on the southeast corner of the golf course under a Crystal Cove State Park foot bridge. The outlet runs a short distance through a canyon and flows over the beach and into the Irvine Coast Area of Special Biological Significance. Flows to this diversion originate within Newport Beach. 2. What sources contribute to the diversion flows? The dry weather diversion flows originate from rising groundwater, shallow groundwater seepage, well development and purging, and limited urban runoff contributions. The flow source that predominates at each diversion depends on the particular location. Subterranean seepage appears amplified due to tidal action at several of the HB diversions. OCPW Santa Ana River Diversion Direct sources of flow in the Santa Ana River include rising groundwater due to shallow bedrock, along with intermittent well development and purging contributions. Indirect sources include groundwater seepage and urban runoff from local storm system point sources located along the river and its main tributary, Santiago Creek. OCPW Greenville Channel Diversion The predominant flow source is direct shallow groundwater seepage to the channel, or by way of the Fairview Channel tributary. Other sources include groundwater seepage and urban runoff from local storm system point sources located along the channel. OCPW Huntington Beach Channel Diversion The predominant flow source is shallow groundwater seepage from the local storm drain system. The storm drain system that feeds this particular channel may be experiencing excessive infiltration due to the Orange County Water District’s Talbert Barrier Injection Program. This possibility is currently being investigated in conjunction with Orange County Water District hydrologists. OCPW Talbert Channel Diversion The predominant flow source is direct shallow groundwater seepage to the channel, or by way of the Fountain Valley Channel tributary. Other sources include groundwater seepage and urban runoff from local storm system point sources located along the channel. Huntington Beach Diversions The dry weather flows to the HB diversion pump stations appear to originate primarily from subterranean seepage into the storm drain system, with a minor contribution from urban runoff. Contributing factors include infiltration into the storm drain system and the high water table in the vicinity of the county flood channels, or along the Santa Ana River in the case of the Meredith diversion. The areas adjacent to the flood channel, where the local storm drain systems reside, are inherently impacted by leakage from the channels into the surrounding Page 3 Return to Agenda Report permeable soil. The continuous pumping of the storm drain diversions to the sewer perpetuates this channel leakage by causing a localized zone of depression around the storm drain system which enhances the groundwater flow by creating a path of least resistance. In addition, subterranean seepage appears amplified due to tidal action at several of the HB diversions, particularly the Atlanta, Newland, Banning, and Hamilton diversions. IRWD Diversions The two canyons that terminate at the IRWD diversions (Los Trancos Canyon and Muddy Canyon) extend from the coastline to near Signal Peak, an elevation of 1,164 feet. These canyons are relatively deep and thus intercept the water table contributing to groundwater seepage, the predominant flow source to these diversions. Both canyons have experienced extensive residential (Los Trancos 34% residential, Muddy Canyon 21% residential) and commercial development, including a large golf course. This development has led to the importation of recycled and potable water into the watersheds, particularly for landscape irrigation. This water increases groundwater recharge significantly, which in turn increases groundwater seepage into the canyon creeks.1 Newport Beach - Dunes Diversion In this subwatershed, groundwater seepage and urban runoff from the local storm drain systems and the overflow of the golf course lake are the predominant sources of flow for this diversion. Irrigation of residential lawns and commons, golf courses, and the major landscape areas around the Hyatt Resort and along Jamboree Road all contribute to groundwater recharge which leads to this subterranean seepage. Landscape irrigation and resort maintenance may lead to some surface runoff to the storm drain system as well. The Irvine Company - Pelican Point Diversion The land use in this relatively small subwatershed includes a gated community consisting of 55 single family residences, surface streets, a golf course, and some heavily landscaped common areas. Runoff is directed by a storm drain system consisting of area drains from the residential lots, street inlets, and drainage grates on the golf course. The flow to this diversion is predominantly from seepage into the storm drain system as a result of groundwater recharge due to the golf course irrigation with a smaller contribution by the residential landscaping. 1 Newport Coastal Seepage Study 3. What additional projects are being considered to the urban runoff program? What are the estimated additional and combined flow rates? Three proposed projects which have been gaining momentum recently are the Delhi Channel, Peters Canyon, and the Big Canyon Wash. These proposed diversions are in response to the impacts these flows are having to the Upper Newport Bay Ecological Reserve. The discharge for the Delhi Channel, Peters Canyon, and Big Canyon Wash are estimated at 1.8, 1.4, and 0.1 million gallons per day (MGD) respectively. Combined, the flows from these three proposed diversions will approach 3.3 MGD. Combined with the current urban runoff flow which can reach 3.2 MGD during some months, OCSD is looking at a doubling of the diversion flow with an equivalent increase in urban runoff treatment costs. Santa Ana Delhi Channel The Santa Ana Delhi Channel subwatershed encompasses 17 sq. miles and empties into the far northwestern end of Upper Newport Bay. The subwatershed primarily includes urban land uses in the cities of Costa Mesa, Page 4 Return to Agenda Report Santa Ana, Irvine and Newport Beach. The channel is the second largest tributary to the Upper Newport Bay. Dry weather fecal indicator bacteria (FIB) concentrations from the Santa Ana Delhi channel suggest that this channel may be impacting the water quality in the Bay. While FIB concentrations appear to increase dramatically during wet weather, during dry weather, the Delhi FIB concentrations are markedly higher than the other tributaries.2 Peters Canyon Creek Peters Canyon Creek, the largest tributary to the San Diego Creek, accounts for 27%, or approximately 41 sq. miles, of the 154 total sq. miles of drainage in the Upper Newport Bay watershed. Based upon the similarity of land use patterns in the San Diego Creek watershed, Peters Canyon watershed is approximately 50 % urbanized, 15 % agricultural, and 35 % open space.3 Peters Canyon Wash, which collects selenium from selenium-laden shallow groundwater, is the biggest contributor of selenium in the San Diego Creek watershed in dry weather.4 The Peters Canyon diversion project is proposing to add an additional 736 MGY of flow to OCSD’s collection system. Some of this flow is generated by three permanent roadway dewatering locations, two operated by the City of Irvine and one operated by CalTrans. The project is expected to reduce the loading of selenium and nitrogen to the Upper Newport Bay by 258 lbs. and 70,000 lbs. respectively.5 Big Canyon Wash The Big Canyon Wash watershed is a small (< 2 sq. miles) watershed tributary to Upper Newport Bay. The watershed is highly developed (96%) with homes, commercial areas, a golf course, cemetery, and other urban features. The 60-acre undeveloped lower portion of Big Canyon (Big Canyon Creek Nature Park) has been identified by the Southern California Wetlands Recovery Project (SCWRP) as an important resource that is in need of restoration. Selenium measured in water samples collected throughout the Nature Park and just upstream of the park exceeded the California Toxics Rule (CTR) freshwater chronic criterion for selenium of 5 micrograms per liter (μg/L) under both wet and dry conditions.6 2 Newport Bay Fecal Coliform Source Management Plan 3 San Diego Creek Watershed Natural Treatment System Project 4 Newport Bay Toxics TMDL 5 Peters Canyon Channel Water Capture and Reuse Pipeline Proposal 6 Big Canyon Watershed Preliminary Selenium Source Tracking Studies 4. What happens if urban runoff flows aren’t diverted to the sewer? Are there any regulatory obligations, i.e. RWQCB or NPDES mandates, which specifically require diversion of urban runoff to the sewer? OCPW Diversions Orange County Watersheds (OCW), the lead agency coordinating the county’s NPDES permit efforts, considers this diversion program essential for maintaining the quality of surfzone waters along Huntington Beach. Furthermore, OCW believes urban runoff diversion to be the only recognized practically effective method by which they can protect the coastline from the bacterial sources found in the Lower Santa Ana River drainage areas. Orange County Watersheds sites the following directive, order, and grant stipulation in their request to continue the diversions. Section 13267 Directive: The Section 13267 Directive refers to the October 15, 1999 letter from the Santa Ana Regional Water Quality Control Board (SARWQCB) in response to the summer 1999 beach closures along Huntington Beach due to high surfzone bacteria concentrations. Citing authority from Section 13267 of the California Water Code, the letter required the named agencies (County of Orange and cities of Huntington Page 5 Return to Agenda Report Beach, Costa Mesa, Fountain Valley, and Santa Ana) to submit “a plan to identify and control sources which may be contributing to bacteria concentrations in urban runoff” from Talbert Channel, Lower Santa Ana River, and Greenville Banning Channel, in order to minimize or prevent bacterial contamination and standards exceedances along the Huntington Beach ocean front. In response, the County of Orange as lead responsible agency submitted the “Summer 2000 ACTION Plan for Huntington Beach Coastal Waters”, which outlined the proposed structural program of dry weather urban runoff diversion to the sanitary sewer system from storm drain system pump stations of the County and the City of Huntington Beach and the three drainage channels cited in the directive. The County also outlined and conducted a series of water quality investigations to better characterize and quantify the nature and source of surfzone bacteria contamination, with emphasis on characterizing the contribution of dry weather urban runoff from the subject channels. OCPW eventually completed four dry weather urban runoff diversions, Huntington Beach Pump Station, Talbert Channel, Santa Ana River, and Greenville Banning Channel, essentially diverting dry weather urban runoff from the Talbert – Lower Santa Ana River Watershed, an area of 16,575 acres. SARWQCB Order No. R8-2009-0030 - FINDINGS, Section I. POTENTIAL POLLUTANTS IN STORM WATER RUNOFF/IMPACTS ON BENEFICIAL USES: 34. During the summers of 1999 and 2000, a number of locations along the Orange County coast exhibited elevated bacterial levels. Since then a number of studies have been conducted that indicate that urban runoff, especially dry weather runoff, is a major contributing factor to the Orange County coastal bacterial contamination problems. To address this bacterial problem, the permittees currently divert dry weather low flows from some of these areas to the sanitary sewer. With the diversion of dry weather flows to the sanitary sewer, there have been significant improvements in the beach water quality. A number of studies have been conducted to determine the source of this microbial contamination and to develop permanent remedial measures. These studies have not conclusively determined the sources or solutions to this problem. SARWQCB Order No. R8-2009-0030 - PERMIT REQUIREMENTS, Section IV. RECEIVING WATER LIMITATIONS: 1. Discharges from the MS4s shall not cause or contribute to exceedances of receiving water quality standards (designated beneficial uses and water quality objectives) for surface waters or groundwaters. 2. The DAMP (Drainage Area Management Plan) and its components shall be designed to achieve compliance with receiving water limitations. It is expected that compliance with receiving water limitations will be achieved through an iterative process and the application of increasingly more effective BMPs. The permittees shall comply with Sections III.2 and IV.1 of this order through timely implementation of control measures and other actions to reduce pollutants in urban runoff in accordance with the DAMP and other requirements of this order, including any modifications thereto. Grant Requirements - State Clean Beach Initiative Grant Agreement No. 01-072-55-0: A 2002 State Clean Beach Initiative grant of $999,999 was used to construct the subject diversion facilities. The agreement stipulates in Exhibit E, Special Conditions that “the Project demonstrates the ability to produce sustained benefits for 20 years” (1. Bond Terms) and that the County agrees to “properly staff, operate, and maintain all portions of the Project during the Project’s useful life”, where failure to comply with this “shall be considered a material breach and violation of this Agreement, and a nonexclusive remedy shall include reimbursement by the Contractor (County) of all grant funds disbursed under this Agreement.” Page 6 Return to Agenda Report Huntington Beach Diversions The City of Huntington Beach (City) and the Orange County Public Works (OCPW) diversions were implemented primarily due to the beach closures in 1999-2000, followed by Huntington State Beach’s listing as impaired for the indicator bacteria enterococcus. From their renewal application for the city’s urban runoff permits: The City of Huntington Beach is regulated by the Clean Water Act, section 402 (p); 40 CFR Parts 122, 123, and 124; Porter-Cologne Water Quality Control Act (Division 7 of the California Water Code, section 13000); Water Quality Control Plan for the Santa Ana River Basin (Basin Plan); California Toxics Rule (CTR); California Toxics Rule Implementation Plan; and NPDES Permit, Order No. R8-2009-0030, CAS618030. The permit renewal application goes on to state. To abide by the above-mentioned regulations, the City must put in controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. Urban runoff collected at this pump station may create a public health and/or environmental problem associated with the discharge of runoff directly into the adjacent channel which discharges into the Pacific Ocean. Irvine Ranch Water District / The Irvine Company Diversions The Newport Coast Watershed discharges into two Areas of Special Biological Significance, the Newport Beach (Robert E. Badham) Marine Life Refuge (ASBS No. 32) and the Irvine Coast Marine Life Refuge (ASBS No. 33). The Pelican Point, Los Trancos, and Muddy Canyon diversions were implemented in response to the Regional Water Quality Control Board’s Cease and Desist Order No. 00-87, dated November 16, 2000, prohibiting new discharges of waste, including storm water and non-storm runoff, from developed regions into these areas. Considering these subwatersheds now include significant development, all entities involved including The Irvine Company, IRWD, the City of Newport, and the Regional Water Quality Control Board, deem these three diversions essential for the protection of the beneficial uses and water quality objectives specified in California’s 1997 Ocean Plan. Newport Beach - Dunes Diversion The Newport Dunes diversion started as a demonstration project after OCSD received a penalty (ACL #99-58) from the Regional Water Quality Control Board (RWQCB) for a July 1998 sewage spill. OCSD agreed to spend $40,000 of the $50,000 fine on a Supplemental Environmental Project in the City of Newport Beach (City). The project proposed redirecting the bacteria polluted nuisance flows from a golf course lake and local storm drain system that drain into the Newport Dunes Lagoon to the sanitary sewer system. After the RWQCB accepted the proposal, the project proceeded through design and construction, with the diversion going on-line in 2001. Newport Bay (Bay) is the second largest estuarine embayment in southern California. The Bay is made up of two water bodies: 1) the Upper Bay, currently a high value estuary that contains a State Ecological Reserve; and 2) the Lower Bay (commonly referred to as Newport Harbor), a regionally important recreational area where thousands of people visit every year and take part in various recreational activities, including swimming and boating. In 1986, the Santa Ana Regional Water Quality Control Board (Regional Board) identified and listed Newport Bay (Lower and Upper) as a water quality limited receiving water body for pathogens in accordance with Section 303(d) of the Federal Clean Water Act.7 Therefore, the City of Newport considers the Dunes diversion essential for maintaining the beneficial uses and water quality of this heavily used recreational area. 7 Newport Bay Fecal Coliform Source Management Plan Page 7 Return to Agenda Report RESOLUTION NO. OCSD 13-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING THE POLICY FOR DRY WEATHER URBAN RUNOFF AND REPEALING RESOLUTION NO. OCSD 01-07 WHEREAS, the Orange County Sanitation District ("District") is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, pursuant to Health and Safety Code section 4730.66, the District is authorized to acquire, construct, operate, maintain, and furnish facilities for all or any of the following purposes: "(1) The diversion of urban runoff from drainage courses within the district. (2) The treatment of the urban runoff. (3) The return of the water to the drainage courses. (4) The beneficial use of the water."; and WHEREAS, certain types of dry weather urban runoff create public health and/or environmental problems which are infeasible to economically or practically control through traditional stormwater best management practices; and WHEREAS, the District has available limited system capacity in its collection, treatment and disposal facilities which may allow the District to accept discharge of certain dry weather urban runoff flows not to exceed 10 million gallons per day ("mgd") without adversely affecting the District’s primary function of collection, treatment and disposal of sanitary sewer discharges; and WHEREAS, the District does not have system capacity available to allow wet weather discharges to the District’s facilities; and WHEREAS, for purposes of this policy, “wet weather” shall mean any period during which measurable rainfall occurs in any portion of the District’s service area and shall include the period following the cessation of rainfall until the District determines that the wet weather event is no longer impacting the District’s collection, treatment and disposal facilities; and WHEREAS, for the purposes of this policy, “dry weather” shall mean any period which does not fall within the definitions of “wet weather”; and WHEREAS, the District developed a Dry Weather Urban Runoff Policy pursuant to Resolution No. OCSD 01-07 to address certain environmental concerns associated with dry weather urban runoff; and Page 1 of 7 Return to Agenda Report WHEREAS, the District has successfully treated 7 billion gallons of urban runoff since the year 1999 with daily flows ranging from 0.5 to 3.5 mgd; and WHEREAS, the District has evaluated: (1) sources of dry weather urban runoff; (2) the quality and quantity of dry weather urban runoff discharges to the sewerage system; and (3) the District’s costs associated with such discharges; and WHEREAS, the presence of toxic amounts of selenium in the Upper Newport Bay Watershed has resulted in regulatory requirements to remove selenium loadings from upstream creeks and channels to protect downstream aquatic life; and WHEREAS, attempts by the County of Orange and local cities to remove the selenium via stormwater best management practices and other available treatment technologies have been unsuccessful; and WHEREAS, as a result of the regulatory requirements to remove selenium loadings, the District received requests to accept up to 4 mgd of new urban runoff flows, for an estimated total daily average flow in excess of 6 mgd; and WHEREAS, the District is authorized to accept the dry weather urban runoff, provided that the discharge occurs in full and complete compliance with the terms of this Dry Weather Urban Runoff Policy and relevant Ordinances and/or Resolutions, including any subsequent amendments thereto; and WHEREAS, the District intends to only issue Dry Weather Urban Runoff Discharge Permits to public agencies that have jurisdiction and authority over surface water runoff and wastewater; and WHEREAS, the District intends to waive fees and charges associated with authorized discharges of dry weather urban runoff to the sewerage system, where such runoff originates within the District’s service area, until such time as (1) the District modifies its dry weather urban runoff policy to levy a charge for use on urban runoff discharges into its sewerage system, or (2) requires dischargers to pay any applicable fees established through incorporation in the District’s current Fee Ordinance and/or subsequent amendments thereof. These fees, if levied in the future, may include permit fees, capital facilities charges, operations and maintenance costs, and/or any other fees or charges which the District determines to impose on such discharges; and WHEREAS, at such time that District staff anticipates discharges of dry weather urban runoff will reach 9 mgd, the District staff will revisit this Policy with the Board of Directors to determine if further amendment to the Policy is necessary. Page 2 of 7 Return to Agenda Report NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the following Dry Weather Urban Runoff Policy is established as District Policy: "POLICY FOR ACCEPTANCE OF DRY WEATHER URBAN RUNOFF INTO THE ORANGE COUNTY SANITATION DISTRICT SEWERAGE SYSTEM No person or entity shall discharge urban runoff, directly or indirectly, to the District’s sewerage system during wet weather. The District may accept urban runoff into the sewerage system during dry weather conditions (“dry weather urban runoff”) provided that the discharger meets the following requirements: A. Requirements for Obtaining Permission to Discharge 1. The dry weather urban runoff diversion to the sewerage system shall address a public health or environmental problem associated with the runoff discharge that cannot be otherwise economically or practically controlled. 2. A dry weather urban runoff diversion structure shall be designed and installed and other necessary provisions shall be implemented to exclude storm and other runoff from entry into District’s sewerage system during wet weather. The diversion structure shall be equipped with a lockable shut-off device, satisfactory to the District, and to which the District shall be provided access at all times. 3. Prior to commencement of discharge of the dry weather urban runoff to the District's sewerage system, in accordance with the policies and procedures set by the District, the applicant shall apply for and obtain a Wastewater Discharge Permit (“permit”) from the District in accordance with the most current District Ordinance governing Wastewater Discharge Regulations. The District may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized in addition to or in lieu of issuance of the permit. Only public agencies that have jurisdiction and authority over surface water runoff and wastewater are eligible for Dry Weather Urban Runoff Discharge Permits. 4. The permit applicant shall consider and evaluate the feasibility of other disposal alternatives (i.e., discharge into storm drains, reuse and reclamation of the runoff, etc.) for the discharge of the dry weather urban Page 3 of 7 Return to Agenda Report runoff. The permit applicant shall submit to the District a report, satisfactory to the District, evaluating each disposal alternative, and demonstrating why each alternative is not economically or practically feasible to dispose of the proposed dry weather urban runoff in lieu of sewer discharge. 5. The permit applicant’s proposed diversion system shall prevent debris and any other pollutants of concern from entering the District’s sewerage system. The permit applicant shall submit design drawings and an operations and maintenance plan for the proposed dry weather diversion structure which shall be sufficient to establish that all District requirements will be met to prevent pass through of and/or interference with the District’s sewerage facilities. The diversion system shall be capable of measuring and recording on a daily basis the flow discharged to the District's sewerage system. 6. The permit applicant shall submit best management practices and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff. More stringent practices and strategies may be required depending on the nature of the anticipated discharge. 7. The General Manager, or his or her designee, may impose additional requirements as may be appropriate to reduce the burden on the District’s collection, treatment and disposal facilities. 8. Collection, treatment and disposal of sanitary sewer discharges remain the District’s primary functions. No additional dry weather urban runoff permits shall be issued if the General Manager, or his or her designee, determines that such issuance may, alone or in conjunction with other permits, adversely affect the District’s primary functions. Each request to discharge is reviewed to determine if there is available local and regional collection and pumping capacity. 9. As a condition of the permit and/or agreement, the permit applicant shall indemnify, defend and hold the District harmless from any and all liability associated with the dry weather urban runoff to which the permit and/or agreement apply, including, but not limited to, any and all negligence which is alleged to have occurred with respect to any District action to render emergency assistance at the diversion system facilities in the event of an operational malfunction or other problem at such facilities. The permit applicant's obligation to indemnify and defend the District shall not include claims or liability arising from the District’s active negligence or intentional wrongful acts or omissions. The terms of the indemnity and duty to defend shall be in a form satisfactory to District’s General Counsel. Page 4 of 7 Return to Agenda Report B. Requirements After Granting Permission to Discharge 1. The quality and quantity of the discharge shall meet the conditions, provisions or limitations contained in the most current District Ordinance governing Wastewater Discharge Regulations∗, including any subsequent amendments. 2. The permittee shall conduct self-monitoring for the pollutants of concern as directed by the District to ensure compliance with the terms, conditions and limits set forth in the permit/agreement and the District’s Ordinances. Unless otherwise directed, the permittee shall conduct and submit self- monitoring of the discharge on a quarterly basis or as directed by the District. The permittee shall monitor the flow and submit reports documenting the quality and quantity of the flow discharged as directed by the District. 3. In the event that the quality or quantity of the dry weather urban runoff discharge to the sewerage system does not meet the conditions, provisions, or limitations set forth in the discharge permit/agreement or the District Ordinance governing Wastewater Discharge Regulations, the permittee shall take immediate action to correct the problem(s) to ensure that full compliance is met. The District may take enforcement action for any violation of the terms of the permit/agreement and/or the District’s Ordinances, including termination of the discharge, in accordance with the provisions of the District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 4. The District reserves the right to impose other fees and charges on all urban runoff dischargers, including but not limited to permit fees, capital facilities charges, and operations and maintenance charges in accordance with any future amendment of this policy, and pursuant to any other current or future District Ordinances or policies. Failure to pay fees in a timely manner shall be cause for termination of the permit/agreement and the discharge. All dischargers shall be subject to noncompliance sampling fees set forth in the current District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 5. The permittee shall provide the District’s employees and representatives with access to the diversion location and all areas from which and through which runoff originates and/or flows, during all reasonable hours, which shall include any time when a discharge to the sewerage system may be occurring, for purposes of inspection, monitoring, and verifying compliance with the permit/agreement and/or the District’s Ordinances. ∗ Any reference in this policy to any District Ordinance, policy or permit shall include any subsequent amendments, modifications, revisions or successors to such ordinance, policy or permit. Page 5 of 7 Return to Agenda Report 6. The permittee shall have complete responsibility for the construction, operation and maintenance of the diversion facility or any other associated facilities and for ensuring compliance with the terms and conditions of the discharge permit/agreement and the District’s Ordinances. 7. No later than the commencement of any measurable rainfall, each discharger of urban runoff shall shut off the flow of urban runoff (and accompanying storm water) to the District’s sewerage system. The discharge shall not resume until the discharger has obtained written approval for the resumption of the discharge from the District’s Urban Runoff Program Manager, or their designate. 8. If the District determines, in its sole discretion, that the dry weather runoff, alone or in conjunction with other discharges, is or may be adversely affecting or threatening to adversely affect the District’s collection, treatment and/or disposal facilities, the District shall so notify the permittee who shall immediately cease all such discharge to the sewerage system. The District may, in its sole discretion, allow the continued discharge provided that the permittee installs, operates and maintains additional facilities as determined by the District to be appropriate and/or necessary to ensure that the dry weather runoff does not, alone or in conjunction with other discharges, adversely affect or threaten to adversely affect the District’s collection, treatment and/or disposal facilities. 9. Under no circumstances shall District authorization to discharge dry weather urban runoff to the District’s sewerage system be deemed to provide a vested right for such discharge. 10. Except as expressly authorized by this policy or a District Ordinance, no urban runoff shall be discharged directly or indirectly into the District’s facilities. 11. District reserves its right to amend or clarify this Policy and/or District's Ordinances from time to time, and permittee agrees to abide by such amendments or subsequent enactments." Section 2: Resolution No. OCSD 01-07 is hereby repealed in its entirety upon the effective date of this Resolution, and the provisions of any Resolution(s) previously adopted by the District that are in direct conflict with the provisions of this Resolution No. OCSD 13-09 are hereby superseded. Section 3: The General Manager, or his or her designee, is hereby authorized and directed to execute any necessary documents, permits or agreements to effect the policy set forth herein. Page 6 of 7 Return to Agenda Report Section 4: If any section, subsection, subdivision, sentence, clause, or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire Resolution or any of the remaining portions thereof. The Board of Directors hereby declares that it would have passed this Resolution, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional or otherwise invalid. Section 5: This Resolution No. OCSD 13-09 shall take effect immediately upon adoption by the Board of Directors. PASSED AND ADOPTED at a regular meeting held June 26, 2013. ______Troy Edgar, Chair ATTEST: ______Maria Ayala, Board Secretary Page 7 of 7 Meeting Date To Bd. of Dir. BOARD OF DIRECTORS -- 06/26/13 Item Number Item Number AGENDA REPORT -- 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: 2013-14 BENEFITS PROGRAM RENEWAL GENERAL MANAGER'S RECOMMENDATION Approve the FY 2013-14 “not-to-exceed” quotes for the following insurances: A. Medical Insurance – Not to Exceed $9,166,835 B. Dental Insurance – Not to Exceed $893,262 C. Vision Insurance – Not to Exceed $90,924 D. Basic Life Insurance – Not to Exceed $73,200 E. Long-Term Disability Insurance – Not to Exceed $285,479 F. Short-Term Disability Insurance – Not to Exceed $116,622 G. Employee Assistance Program – Not to Exceed $11,026 SUMMARY The Human Resources Department and the Orange County Sanitation District’s (OCSD) operational insurance broker (Alliant) began the renewal process in February and provided the Administration Committee with an informational item regarding the FY 2013-14 program renewal costs in April. The total cost is $10,637,348, which is budgeted and is proportionally shared as follows: • OCSD cost: $8,625,329 • Employee cost: $2,012,019 The total cost of insurance coverage will decrease by 0.3% or $32,660 for the next fiscal year (FY 2013-14). PRIOR COMMITTEE/BOARD ACTIONS April 2013 – The Administration Committee received an informational benefits program renewal cost update for FY 2013-14. ADDITIONAL INFORMATION Medical Insurance OCSD’s medical benefits are designed to help maintain wellness and protect employees and their families from major financial hardship in the event of illness or injury. OCSD offers a choice of medical plans through Anthem Blue Cross and Kaiser Permanente. Page 1 of 2 HMO (Health Maintenance Organization) plans offer comprehensive coverage. Employees have a choice between the Anthem Blue Cross HMO or the Kaiser HMO plan. PPO (Preferred Provider Organization) plan offers a network of doctors and health care facilities that provide services to plan members at special discounted rates. The PPO plan is with Anthem Blue Cross Dental Insurance OCSD provides the Delta Dental plan to all benefit eligible employees. Vision Insurance OCSD provides vision insurance to all benefit eligible employees through Anthem Blue View Vision. Basic Life Insurance Life insurance provides protection for an employee’s beneficiary in the event of death. All benefit eligible full-time and part-time employees automatically receive Basic Life and Accidental Death & Dismemberment (AD&D) Insurance coverage through Prudential Insurance Company of America. The benefit amount is $50,000 for employees. Long-Term Disability Insurance Long-Term Disability Insurance (LTD) plan protects employees when an illness or injury makes it impossible for them to work for an extended period of time. Under the plan, employee’s who are disabled for more than 90 days, are eligible to receive a benefit of 67% of their basic monthly pay. Short-Term Disabiliyt Insurance Short-Term Disability (STD) plan protects employees when non-work related illness or injury makes it impossible for them to work for a short period of time. Under the plan, income may be continued for 90 days. OCSD pays the entire cost of coverage for regular full-time and part-time employees. Coverage is offered through Prudential. Employee Assistance Program Employee Assistance Program (EAP) plan protects employees and family members when they need help with personal problems such as marital and relationship problems; stress, anxiety and depression; grief and loss; or substance abuse. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE The funds for the renewal of these insurances are derived from the OCSD Operating Budget and have been included in the FY 2013-14 budget. Page 2 of 2 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 05/01/13 06/26/13 Item Number Item Number AGENDA REPORT 7 12 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Victoria Pilko SUBJECT: PLANT WATER SYSTEM REHABILITATION AT PLANT NO. 2, PROJECT NO. P2-101 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to negotiate a Professional Consultant Services Agreement with Carollo Engineers for engineering support services during construction of Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101. SUMMARY Carollo Engineers has satisfactorily furnished engineering services for the design of Project No. P2-101, and is in the best position to provide construction support services and continuity through the end of the project. The final design has been submitted and the contract documents are being prepared for the project bid phase. The scope of services during construction includes the review of submittals, responses to Requests for Information, preparation of Requests for Proposal for Change Orders, and assistance with the start-up and commissioning of the new facility. The construction contract is scheduled to be awarded in July 2013. Staff is requesting authorization to negotiate the agreement now so that contractual documents can be approved in conjunction with the award of the construction contract at a future meeting. PRIOR COMMITTEE/BOARD ACTIONS May 2013 – Operations Committee approved recommendation to authorize the General Manager to negotiate a Professional Consultant Services Agreement with Carollo Engineers for engineering support services during construction of Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101. October 2011 – Approved a Professional Design Services Agreement with Carollo Engineers for providing engineering services for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for an amount not to exceed $471,975. Page 1 of 2 ADDITIONAL INFORMATION This project will rehabilitate or replace deteriorating plant water pipe and valves that are in need of replacement due to corrosion. This project also includes temporary measures to ensure that the treatment plant maintains continuous operations during the repairs. CEQA A Notice of Exemption was filed and recorded on May 5, 2008. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Orange County Sanitation District’s Delegation of Authority. This item has been budgeted (FY2012-13 Section 8, Page 72) and the budget is sufficient for the recommended action. NK:VP:dm:gc Page 2 of 2 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 2 13 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Terry Krie, Senior Construction Inspector Supervisor SUBJECT: CORROSION TESTING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements for providing on-call Coatings Inspection, Corrosion Testing, and Confined-Space Entry Services for Collection System and Treatment Plant Projects, PSA2013-003, for a three-year period effective July 1, 2013, for an amount not to exceed $200,000 per individual agreement ($400,000 total) with the following two firms: A. CSI Services, Inc. B. V&A Consulting Engineers SUMMARY The Orange County Sanitation District (Sanitation District) uses outside Consultants for coating inspection and corrosion testing services in support of Capital Improvement and Maintenance Projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. The proposed service Agreements shall cover a three-year period (FY2013-2015). The recommended contract amounts are based on average of the number and type of tests and inspections utilized over the past three years, and the anticipated needs going forward for the next three years. Staff will use these Consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the consultant if their services are not used. PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION Project Scope of Work: The Scope of Work includes coating inspection, corrosion testing, and confined space entry services in support of Capital Improvement and Maintenance Projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. Page 1 of 3 Request for Proposal: The Sanitation District has a need for on-call coating inspection, corrosion testing, and confined entry services. Currently, the Sanitation District has contracts with two firms that provide these services. The current contracts are expiring and this Request for Proposals (RFP) was issued to provide continuance of these services. The RFP, which outlined the Consultant’s Scope of Work and criteria required for this project, was advertised on April 9 and April 16, 2013, in the Orange County Register. Furthermore, an email notification was sent to 1,687 firms registered in the Sanitation District vendor database in the categories of Appraisers & Surveyors, Laboratory Testing (Outside) - Other, Architecture & Engineering, Construction Management, Engineering, Professional Services & Consultants – Other, Engineering – Civil, Engineering – General, Geotechnical, Inspection (Construction), Material Testing, Engineering, and Laboratory. As a result, four proposals were received on May 1, 2013, from the following firms: • Corrosion Probe, Inc. • CSI Services, Inc. • HDR Engineering, Inc. dba HDR|Schiff • V&A Consulting Engineers, Inc. A Staff Evaluation Committee, consisting of four representatives from Engineering, reviewed and ranked each of the proposals in accordance with the evaluation process set forth in the Sanitation District Resolution No. OCSD 07-04, Section 4.09 and the evaluation criteria stated in the RFP. A representative from the Contracts Administration participated in the evaluation process as a non-voting member. The proposals were evaluated according to the following criteria: (1) project approach and understanding of the scope of work; (2) staff qualifications; (3) related project experience; and (4) safety and accident prevention. After reviewing and scoring the four proposals, the Consultant firms were ranked according to the scores of the evaluators. The Evaluation Committee is recommending two firms as the top ranked firms: • CSI Services, Inc. • V&A Consulting Engineers All proposals were accompanied by a sealed fee proposal. The fee proposals were not opened until the after evaluation and the recommended firms were selected in accordance with Sanitation District Resolution No. OCSD 07-04, Section 4.09. The Consultants submitted unit rates proposals for a wide variety of testing services. Staff reviewed their pricing and held discussions with some of the firms to clarify and reduce pricing. Because these contracts are as-needed, the Sanitation District has established a not-to-exceed amount of $200,000 for the term of each of these Agreements. Staff determined the final unit rate proposals to be fair and reasonable Page 2 of 3 and recommends awarding Professional Services Agreements to CSI Services, Inc., and V&A Consulting Engineers, each for an amount not to exceed $200,000. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE These Professional Services Agreements comply with the authority levels of the Sanitation District’s Delegation of Authority. These funds are included in the individual project budgets that require these services. Date of Approval Contract Amount Contingency 06/26/13 $400,000 N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Draft Professional Services Agreements (14 Pages) NK:TK:TC:dm:gc Page 3 of 3 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and CSI SERVICES, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Coating Inspection, Confined-Space Entry, and Corrosion Testing Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-003; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 2 of 14 Return to Agenda Report such supporting data, including a detailed breakdown of all costs incurred per tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 3 of 14 Return to Agenda Report false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 4 of 14 Return to Agenda Report State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 7 of 14 Return to Agenda Report I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 8 of 14 Return to Agenda Report 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: CSI SERVICES, INC. P.O. BOX 801357 Santa Clarita, CA 91380 Attention: Patrick Sweeney, Project Manager All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: CSI SERVICES, INC. By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974027 PSA PSA2013-003 Revised 02/07/13 CSI SERVICES, INC. Page 14 of 14 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and V&A CONSULTING ENGINEERS, for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Coating Inspection, Confined-Space Entry, and Corrosion Testing Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-003; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 2 of 14 Return to Agenda Report such supporting data, including a detailed breakdown of all costs incurred per tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 3 of 14 Return to Agenda Report false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 4 of 14 Return to Agenda Report State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 7 of 14 Return to Agenda Report I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 8 of 14 Return to Agenda Report 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: V&A CONSULTING ENGINEERS 11011 Via Frontera Suite C San Diego, CA 92127 Attention: Michael A. Oriol, PE, Chief Operations Officer Manuel Najar, PE, Project Manager All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: V&A CONSULTING ENGINEERS By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974028 PSA PSA2013-003 Revised 02/07/13 V&A CONSULTING ENGINEERS Page 14 of 14 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 3 14 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Terry Krie, Senior Construction Inspector Supervisor SUBJECT: SURVEYING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements to provide on-call Surveying Services for Collection System and Treatment Plant Projects, PSA2013-002, for a three-year period effective July 1, 2013, for an amount not to exceed $200,000 per individual agreement ($400,000 total) with the following two firms: A. RBF Consulting, A Baker Company B. Stantec Consulting Services, Inc. SUMMARY The Orange County Sanitation District (Sanitation District) uses outside Consultants for on-call surveying services in support of Capital Improvement and Maintenance Projects, during the planning, design, and construction of facilities both inside the plants and for the collection systems. The proposed service Agreements shall cover a three-year period (FY2013-2015). The recommended contract amounts are based on average of the number and type of services utilized over the past three years, and the anticipated needs going forward for the next three years. Staff will use these Consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the consultant if their services are not used. PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION Project Scope of Work: The Scope of Work provides for surveying services for Capital Improvement Program and Maintenance Projects. Page 1 of 3 Request for Proposal: The Sanitation District has a need for on-call surveying services. Currently, the Sanitation District has contracts with two firms that provide these services. The current contracts are expiring and this Request for Proposals (RFP) was issued to provide continuance of these services. The RFP, which outlined the Consultant’s Scope of Work and criteria required for this project, was advertised on April 9 and April 16, 2013, in the Orange County Register. Furthermore, an email notification was sent to 1,687 firms registered in the Sanitation District vendor database in the categories of Appraisers & Surveyors, Laboratory Testing (Outside) - Other, Architecture & Engineering, Construction Management, Engineering, Professional Services & Consultants – Other, Engineering – Civil, Engineering – General, Geotechnical, Inspection (Construction), Material Testing, Engineering, and Laboratory. As a result, 13 proposals were received on May 1, 2013, from the following firms: • AEI-CASC Consulting • Johnson-Frank & Associates, Inc. • Bush & Associates, Inc. • KDM Meridian, Inc. • Cannon • PENCO Engineering, Inc. • Case Land Surveying, Inc. • RBF Consulting, A Baker Company • DMc Engineering • SDR Surveying, Inc. • D. Woolley & Associates, Inc. • Stantec Consulting Services, Inc. • Guida Surveying, Inc. A Staff Evaluation Committee, consisting of four representatives from Engineering, reviewed and ranked each of the proposals in accordance with the evaluation process set forth in the Sanitation District Resolution No. OCSD 07-04, Section 4.09 and the evaluation criteria stated in the RFP. A representative from the Contracts Administration participated in the evaluation process as a non-voting member. The proposals were evaluated according to the following criteria: (1) project approach and understanding of the scope of work; (2) staff qualifications; (3) related project experience; and (4) safety and accident prevention. After reviewing and scoring the 13 proposals, the Consultant firms were ranked according to the scores of the evaluators. The Evaluation Committee is recommending two firms as the top ranked firms: • RBF Consulting, A Baker Company • Stantec Consulting Services, Inc. All proposals were accompanied by a sealed fee proposal. The fee proposals were not opened until the after evaluation and the recommended firms were selected in accordance with Sanitation District Resolution No. OCSD 07-04, Section 4.09. The Consultants submitted unit rates proposals for various surveying services. Staff reviewed their pricing and held discussions with some of the firms to clarify and reduce pricing. Because these contracts are as-needed, the Sanitation District has established Page 2 of 3 a not-to-exceed amount of $200,000 for the term of each of these Agreements. Staff determined the final unit rate proposals to be fair and reasonable and recommends awarding Professional Services Agreements to RBF Consulting, A Baker Company, and Stantec Consulting Services, Inc., each for an amount not to exceed $200,000. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE These Professional Services Agreements comply with the authority levels of the Sanitation District’s Delegation of Authority. These funds are included in the individual project budgets that require these services. Date of Approval Contract Amount Contingency 06/26/13 $400,000 N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Draft Professional Services Agreements (14 Pages) NK:TK:TC:dm:gc Page 3 of 3 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and RBF CONSULTING, A BAKER COMPANY, for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Surveying Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-002; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all surveys, monitoring, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its surveys, monitoring, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred per PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 2 of 14 Return to Agenda Report tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 3 of 14 Return to Agenda Report uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker’s PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 4 of 14 Return to Agenda Report Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 7 of 14 Return to Agenda Report I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 8 of 14 Return to Agenda Report 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: RBF CONSULTING, A BAKER COMPANY 14725 Alton Parkway Irvine, CA 92618-2027 Attention: Gregory A. Helmer, PLS, Senior Vice President Bill Cox, PLS, Project Manager All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: RBF CONSULTING, A BAKER COMPANY By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974025 PSA PSA2013-002 Revised 02/07/13 RBF CONSULTING, A BAKER COMPANY Page 14 of 14 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and STANTEC CONSULTING SERVICES, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Surveying Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-002; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all surveys, monitoring, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its surveys, monitoring, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred per PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 2 of 14 Return to Agenda Report tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 3 of 14 Return to Agenda Report uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker’s PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 4 of 14 Return to Agenda Report Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 7 of 14 Return to Agenda Report I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 8 of 14 Return to Agenda Report 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: STANTEC CONSULTING SERVICES, INC. 38 Technology Drive Suite 100 Irvine, CA 92618 Attention: Jim Steines, PLS, Project Manager Ray Mansur, PLS, Principal-In-Charge All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: STANTEC CONSULTING SERVICES, INC. By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974026 PSA PSA2013-002 Revised 02/07/13 STANTEC CONSULTING SERVICES, INC. Page 14 of 14 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 4 15 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Terry Krie, Senior Construction Inspector Supervisor SUBJECT: GEOTECHNICAL TESTING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements to provide on-call Materials Testing, Inspection, and other Geotechnical Testing Services for Collection System and Treatment Plant projects, PSA2013-001, for a three-year period effective July 1, 2013, for an amount not to exceed $200,000 per individual agreement ($600,000 total) with the following three firms: A. Koury Engineering & Testing, Inc. B. Sequoia Consultants, Inc. C. URS/Signet Testing Labs, Inc. SUMMARY The Orange County Sanitation District (Sanitation District) uses outside Consultants for taking samples, laboratory and field material testing, geotechnical testing, and analysis in support of Capital Improvement and Maintenance projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. The proposed service Agreements shall cover a three-year period (FY2013-2015). The recommended contract amounts are based on average of the number and type of tests and inspections utilized over the past three years, and the anticipated needs going forward for the next three years. Staff will use these Consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the Consultant if their services are not used. PRIOR COMMITTEE/BOARD ACTIONS None. Page 1 of 3 ADDITIONAL INFORMATION Project Scope of Work: The Scope of Work includes taking samples, laboratory and field material testing, geotechnical testing, and analysis for Capital Improvement Program and Maintenance projects. Request for Proposal: The Sanitation District has a need for on-call sampling, laboratory and field material testing, geotechnical testing, and analysis for Capital Improvement Program and Maintenance projects. Currently, the Sanitation District has contracts with two firms that provide these services. The current contracts are expiring and this Request for Proposals (RFP) was issued to provide continuance of these services. The RFP, which outlined the Consultant’s Scope of Work and criteria required for this project, was advertised on April 9 and April 16, 2013, in the Orange County Register. Furthermore, an email notification was sent to 1,687 firms registered in the Sanitation District vendor database in the categories of Appraisers & Surveyors, Laboratory Testing (Outside) - Other, Architecture & Engineering, Construction Management, Engineering, Professional Services & Consultants – Other, Engineering – Civil, Engineering – General, Geotechnical, Inspection (Construction), Material Testing, Engineering, and Laboratory. As a result, seven proposals were received on May 1, 2013, from the following firms: • AESCO, Inc. • AMEC Environment & Infrastructure, Inc. • Heider Engineering Services, Inc. • Koury Engineering & Testing, Inc. • Sequoia Consultants, Inc. • United Inspection & Testing • URS/Signet Testing Labs, Inc. A Staff Evaluation Committee, consisting of four representatives from Engineering, reviewed and ranked each of the proposals in accordance with the evaluation process set forth in the Sanitation District Resolution No. OCSD 07-04, Section 4.09 and the evaluation criteria stated in the RFP. A representative from the Contracts Administration participated in the evaluation process as a non-voting member. The proposals were evaluated according to the following criteria: (1) project approach and understanding of the scope of work; (2) staff qualifications; (3) related project experience; and (4) safety and accident prevention. Page 2 of 3 After reviewing and scoring the seven proposals, the Consultant firms were ranked according to the scores of the evaluators. The Evaluation Committee is recommending three firms as the top ranked firms: • Koury Engineering & Testing, Inc. • Sequoia Consultants, Inc. • URS/Signet Testing Labs, Inc. All proposals were accompanied by a sealed fee proposal. The fee proposals were not opened until the after evaluation and the recommended firms were selected in accordance with Sanitation District Resolution No. OCSD 07-04, Section 4.09. The Consultants submitted unit rates proposals for a wide variety of testing services. Staff reviewed their pricing and held discussions with some of the firms to clarify and reduce pricing. Because these contracts are as-needed, the Sanitation District has established a not-to-exceed amount of $200,000 for the term of each of these agreements. Staff determined the final unit rate proposals to be fair and reasonable and recommends awarding Professional Services Agreements to Koury Engineering & Testing, Inc.; Sequoia Consultants, Inc.; and URS/Signet Testing Labs, Inc., each for an amount not to exceed $200,000. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE These Professional Services Agreements comply with the authority levels of the Sanitation District’s Delegation of Authority. These funds are included in the individual project budgets that require these services. Date of Approval Contract Amount Contingency 06/26/13 $600,000 N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Draft Professional Services Agreements (14 Pages) NK:TK:TC:dm:gc Page 3 of 3 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and KOURY ENGINEERING & TESTING, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Materials Testing, Inspection, and Other Geotechnical Testing Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-001; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 2 of 14 Return to Agenda Report such supporting data, including a detailed breakdown of all costs incurred per tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 3 of 14 Return to Agenda Report false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 4 of 14 Return to Agenda Report State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 7 of 14 Return to Agenda Report I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 8 of 14 Return to Agenda Report 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: KOURY ENGINEERING & TESTING, INC. 14280 Euclid Avenue Chino, CA 91710 Attention: Bridget Hill-Sherman Jasmin Kelly, Project Manager All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: KOURY ENGINEERING & TESTING, INC. By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974022 PSA PSA2013-001 Revised 02/07/13 KOURY ENGINEERING & TESTING, INC. Page 14 of 14 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and SEQUOIA CONSULTANTS, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Materials Testing, Inspection, and Other Geotechnical Testing Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-001; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 2 of 14 Return to Agenda Report such supporting data, including a detailed breakdown of all costs incurred per tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 3 of 14 Return to Agenda Report false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 4 of 14 Return to Agenda Report State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 7 of 14 Return to Agenda Report I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 8 of 14 Return to Agenda Report 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: SEQUOIA CONSULTANTS, INC. 361 W. Grove Avenue Orange, CA 92865 Attention: Pri DeSilva, PE, Project Manager/Principal All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: SEQUOIA CONSULTANTS, INC. By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974023 PSA PSA2013-001 Revised 02/07/13 SEQUOIA CONSULTANTS, INC. Page 14 of 14 Return to Agenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the ______by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and URS/SIGNET TESTING LABS, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Professional Services for Materials Testing, Inspection, and Other Geotechnical Testing Services for the SANITATION DISTRICT’s Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2013-001; and, WHEREAS, CONSULTANT is qualified to provide the necessary Professional Services in connection with these requirements; and, WHEREAS, at its regular meeting on June 26, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A”, and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 1 of 14 Return to Agenda Report compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT pursuant to this Agreement are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation to CONSULTANT allowed under this AGREEMENT shall not exceed Two Hundred Thousand Dollars ($200,000) over a three (3) year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment “D” Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 2 of 14 Return to Agenda Report such supporting data, including a detailed breakdown of all costs incurred per tasks performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a unit price or hourly rate basis per task order. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. C. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. D. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. E. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant or Subcontractor: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 3 of 14 Return to Agenda Report false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) intends to employ employees who will perform work as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s) and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed: All documents, including but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 4 of 14 Return to Agenda Report State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require Contractor to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to Contractor, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 5 of 14 Return to Agenda Report E. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 6 of 14 Return to Agenda Report DISTRICT before work commences. The following are approved forms that must be submitted as proof of coverage: Certificate of Insurance ACORD Form 25-S(7/97) or equivalent. Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 or equivalent endorsements All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. CONSULTANT represents that its insurers have agreed to provide thirty (30) days notice to certificate holders when the policies are canceled by the insurers. CONSULTANT will itself provide thirty (30) days notice to the SANITATION DISTRICT if coverage is reduced or a policy is canceled by CONSULTANT or a policy is canceled by an insurer due to non-payment of premium. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 7 of 14 Return to Agenda Report I. Primary Insurance Except for Workers’ Compensation & Employers’ Liability and Professional Liability, all liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured Except for Workers’ Compensation & Employers’ Liability and Professional Liability, all liability policies shall contain a “Separation of Insureds” clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. M. Defense Costs The General Liability and Automobile Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project requested by SANITATION DISTRICT, the parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants, Subcontractors and CONSULTANT’s project team members anticipated to be used on this project by PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 8 of 14 Return to Agenda Report CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant, Subcontractor and each CONSULTANT’s project team member. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 9 of 14 Return to Agenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Senior Contracts Administrator Copy: Terry Krie, Project Manager Notices shall be mailed to CONSULTANT at: URS/SIGNET TESTING LABS, INC. 1320 Simpson Circle Anaheim, CA 92806 Attention: Martin B. Lowenthal, Senior Project Manager All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 10 of 14 Return to Agenda Report 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 20. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 11 of 14 Return to Agenda Report 21. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’S officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’S fees and costs and the SANITATION DISTRICT’S general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’S suppliers, Subconsultants, Subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: A. the active negligence or willful misconduct of the Indemnified Parties; or B. a natural disaster or other act of God, such as an earthquake; or C. the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’S supplier, CONSULTANT, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions A. through B. above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 12 of 14 Return to Agenda Report 22. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 23. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 24. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 13 of 14 Return to Agenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: URS/SIGNET TESTING LABS, INC. By ______Date ______Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By ______Chair, Board of Directors Date By ______Maria E. Ayala Clerk of the Board Date By ______Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment “A” – Scope of Work Attachment “D” – Fee Schedule Attachment “J” – OCSD Safety Standards SLS:yp EDMS: 003974024 PSA PSA2013-001 Revised 02/07/13 URS/SIGNET TESTING LABS, INC. Page 14 of 14 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 5 16 Orange County Sanitation District FROM: James Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CONTRACT AWARD FOR LIQUID OXYGEN PURCHASE AND ASSOCIATED VAPORIZATION SYSTEM MAINTENANCE GENERAL MANAGER'S RECOMMENDATION Award a contract to the lowest responsive and responsible bidder, Air Products and Chemicals Inc., Specification No. C-2013-567BD, for the period August 1, 2013 through July 31, 2014 with four additional one-year renewals, for the purchase of liquid oxygen at a unit price of $0.19 per 100 cubic feet delivered, plus applicable sales tax for an estimated annual amount of $328,320 subject to price adjustments based upon energy, labor, maintenance and distribution indices from Southern California Edison and Bureau of Labor Statistics for subsequent contract periods; and for services related to routine and emergency maintenance of OCSD’s liquid oxygen storage and vaporization equipment for an estimated annual amount of $20,000, based upon actual invoice costs plus 20% and labor cost at established manpower hourly rates adjusted annually based upon Bureau of Labor Statistics’ Employment Cost Index. SUMMARY Oxygen is required for the operation of the Plant No. 2 activated sludge secondary treatment process. Since May 2012, the oxygen needs of this process are met with delivered liquid oxygen utilizing the newly installed liquid oxygen vaporization system. This contract is for the supply of the liquid oxygen and for the maintenance activities related to its associated vaporization system. OCSD received five (5) bids in response to this competitively bid process, Specification No. C-2013-567BD. The bids were evaluated in accordance with the OCSD’s policies and procedures. Air Products and Chemicals, Inc. was deemed the lowest responsive, responsible bidder. Staff recommends awarding a contract to Air Products and Chemicals, Inc. for the liquid oxygen supply and services related to emergency maintenance of OCSD’s liquid oxygen storage and vaporization equipment, for an estimated amount of $328,320 for the first annual period August 1, 2013 through July 31, 2014. The contract allows for four additional one-year renewals subject to price adjustments based upon energy, labor, maintenance and distribution indices from Southern California Edison and Bureau of Labor Statistics for the liquid oxygen pricing and Bureau of Labor Statistics’ Employment Cost Index for the maintenance activities related pricing. Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Summary information on the bids received for liquid oxygen purchase, Specification No. C-2013-567BD is as follows: Bidder Product Price $/ccf delivered (excluding taxes) Air Products and Chemicals, Inc. $0.19 Air Liquide Industrial U.S. LP $0.22 Linde Gas North America, LLC $0.24 Matheson Trigas, Inc. $0.28 Praxair, Inc. $0.29 CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD’s Delegation of Authority. This item has been budgeted in Division 840 operating budget line item 53070. ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Draft Purchase Contract (9 Pages) DH:SSB:ysh:cf Page 2 of 2 Return to Agenda Report CONTRACT PURCHASE OF LIQUID OXYGEN (LOX) SPECIFICATION NO. C-2013-567BD THIS CONTRACT is made and entered into this 26th day of June, 2013, by and between ORANGE COUNTY SANITATION DISTRICT hereinafter referred to as “OCSD” with main offices located at 10844 Ellis Avenue, Fountain Valley, California 92708-7018 and AIR PRODUCTS AND CHEMICALS, INC. with main offices located at 7201 Hamilton Blvd., Allentown, PA 18195-9652 hereinafter referred to as “SUPPLIER” collectively referred to as “the Parties”. W I T N E S S E T H WHEREAS, OCSD requires liquid oxygen (LOX) in its sewage treatment process and has prepared Specifications (attached hereto and incorporated herein by reference as Exhibit “A”) for the purchase of LOX and for all routine and emergency maintenance activities necessary to keep OCSD’s LOX storage and vaporization equipment in operable and safe condition. WHEREAS, sealed bids for the Purchase of LOX Specification No. C-2013-567BD were solicited, received on April 30, 2013; and WHEREAS, OCSD has chosen SUPPLIER to provide LOX in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on June 26, 2013, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and SUPPLIER; and NOW, THEREFORE, in consideration of the premises and contracts hereinafter made and exchanged, SUPPLIER and OCSD agree as follows: 1. LOX Delivery 1.1 LOCATIONS as called for by OCSD: Deliveries will be made to Plant No. 2, 22212 Brookhurst Street, Huntington Beach, California. Deliveries will be received seven days a week. The current delivery window for both treatment facilities is 0500 to 1800 PT. Under normal conditions, OCSD will provide a two-day notification except in emergency situations whereby a 24-hour notice for delivery is required. Complete orders will be delivered F.O.B. Destination, and shall include unloading chemical into OCSD’s LOX tanks. See Technical Specifications, Exhibit “A”, for additional requirements. OCSD reserves the right to accept LOX deliveries at 24 hours a day, 7 days a week. 1.2 OCSD will pay only for the actual gallons of LOX delivered. Certified weight scale tickets shall be provided to OCSD for every delivery and shall contain the tare weight, loaded gross weight, and net weight. Gallons invoiced will be the total net gallons of LOX delivered (loaded gross weight minus the tare weight). Tare weight shall be determined immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank. Loading, hauling and unloading shall be done at the expense of SUPPLIER. 1.3 A Delivery statement shall accompany all shipments. Each product batch will be tested by the manufacturer prior to shipment and the certified test results showing the actual percent of LOX will be forwarded to OCSD with the invoice. 1.4 OCSD will reject delivery if the product quality has deteriorated; the delivered product is different from that which was described in Exhibit “A”. Orange County Sanitation District 1 of 8 Specification No. C-2013-567BD Return to Agenda Report 2. LOX System Maintenance and Repair LOX Supplier will be responsible for maintaining the safe, reliable operation of OCSD’s liquid oxygen storage and vaporization system, in its entirety, for the duration of the contract as described in this section. Reimbursement of the costs of maintenance and repair of OCSD’s oxygen supply system will be separate from the unit price quoted for LOX as detailed in Section 1.1. Maintenance costs will be reimbursed on a time and materials basis according to invoices submitted by LOX Supplier for maintenance activities completed, The LOX SUPPLIER will responsible for conducting initial and Quarterly inspections and providing summary inspection reports at its own expense. 3. Possession Ownership and control of all LOX delivered pursuant to this Contract shall remain solely and exclusively with SUPPLIER, until complete transfer of possession by delivery to OCSD at the designated locations is made from SUPPLIER. 4. Quantity 4.1 OCSD makes no guarantee as to minimum or maximum usage of solution, but it is estimated that the annual usage will be 1,600,000 ccf/year. The quantity mentioned is an estimate only. Multiple loads may be required on any given day. 4.2 OCSD will, through the term of this Contract, purchase LOX from SUPPLIER exclusively, except when OCSD determines SUPPLIER cannot make delivery within the time specified, with the quality and quantity specified, at Contract price, the level of Service is inadequate, OCSD unapproved increase in dry ton rate or for any other default or breach of this Contract. In such event, OCSD may purchase LOX elsewhere and charge SUPPLIER any difference in the delivered price to OCSD from that provided in this Contract, or alternatively, OCSD may terminate the Contract based on said breach or failure to deliver the specified product. Quality control tests may be performed by OCSD on the delivered LOX to ensure that Contract specifications are attained. 5. Pricing and Invoicing 5.1 For LOX deliveries SUPPLIER will invoice monthly for delivered LOX per the Technical Specifications, Attachment “A”, at the price of $0.19 per ccf@STP delivered which will remain firm during the Contract Term. Price shall include all cartage and any applicable taxes per gallon. The sales tax for the LOX product will be paid by OCSD. 5.2 For LOX System Maintenance and Repair, SUPPLIER will invoice OCSD based upon actual time – based upon the SUPPLIER’S labor rates (Attachment A) and materials at cost plus 20%. 5.3 For LOX, the payment shall be based on the actual product delivered. At a minimum, the invoice shall include a description of the delivery location, the delivery date, the unit price, the quantity (ccf @ STP) of product delivered, and any other parameters used to determine the cost for the shipment. 5.4 OCSD shall pay, Net 30 days, upon receipt and approval by Project Manager, Shabbir Basrai, or his designee of itemized invoices, submitted in duplicate, in a form acceptable to OCSD to enable audit of the charges thereon. All invoices must reference the Purchase Order Number. SUPPLIER shall email the invoices to [email protected] referencing the purchase order number and the specification number C-2013-567BD in the subject line. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. Orange County Sanitation District 2 of 8 Specification No. C-2013-567BD Return to Agenda Report 6. Contract Term The Services provided under this Contract shall be for one (1) year commencing August 1, 2013 and continuing through July 31, 2014. 7. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 8. Force Majeure Neither party shall be liable for delays caused by fire, flood, accident, labor trouble, war, acts of God or government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 9. Termination 9.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, SUPPLIER shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay SUPPLIER for work performed (cost and fee) to the date of termination. SUPPLIER expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of the Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by SUPPLIER other than for work performed to the date of termination. 9.2 OCSD reserves the right to terminate this Contract immediately upon OCSD’S determination that SUPPLIER is not meeting specification requirements for delivery of quantities needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved increase in rate, or any other default of the Contract. 9.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to SUPPLIER: 9.3.1 if SUPPLIER becomes insolvent or files a petition under the Bankruptcy Act; 9.3.2 if SUPPLIER sells its business; or 9.3.3 if SUPPLIER breaches any of the terms of this Contract. 9.4 All OCSD property in the possession or control of SUPPLIER shall be returned by SUPPLIER to OCSD upon demand, or at termination of this Contract, whichever occurs first. 10. Damage to OCSD's Property Any OCSD's property damaged by SUPPLIER, any subcontractor, or by the personnel of either will be subject to repair or replacement by SUPPLIER at no cost to OCSD. 11. Indemnification and Hold Harmless SUPPLIER agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of SUPPLIER, its employees or agents, in relation to the rendition of Services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. SUPPLIER agrees to reimburse OCSD for any expenditure, including reasonable attorney’s fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such suits at the cost and expense of SUPPLIER. Orange County Sanitation District 3 of 8 Specification No. C-2013-567BD Return to Agenda Report 12. Insurance SUPPLIER shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). SUPPLIER shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall SUPPLIER allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 13. OCSD’s Safety Standards and Human Resources (HR) Policies Supplier shall adhere to the Safety and Human Resources Policies in Exhibits “A” and “B” hereto. 14. Right to Review Services, Facilities, and Records OCSD reserves the right to review any portion of the services performed by SUPPLIER under this Contract, and SUPPLIER agrees to cooperate to the fullest extent possible. SUPPLIER shall furnish to OCSD such reports, statistical data, and other information pertaining to SUPPLIER's services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations. 15. Incorporated Documents 15.1 The Specifications, Bid and Notices from OCSD are hereby incorporated into and made a part of this Contract as though fully set forth hereat, and unless modified or changed hereinabove, are controlling for all matters pertaining to the supply of LOX and the manner of performance thereof. 15.2 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the other incorporated documents, the provisions of this Contract shall in all respects govern and control. 16. Familiarity with Work By executing this Contract, SUPPLIER warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should SUPPLIER discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at SUPPLIER’s risk, until written instructions are received from OCSD. 17. Licenses, Permits, Ordinances and Regulations 17.1 SUPPLIER represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and /or tariffs that pertain to work performed under the terms of this Contract will be paid by SUPPLIER. 17.2 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by SUPPLIER shall not relieve SUPPLIER of any obligation set forth herein. Orange County Sanitation District 4 of 8 Specification No. C-2013-567BD Return to Agenda Report 18. Applicable Laws and Regulations 18.1 SUPPLIER shall comply with all applicable federal, state, and local laws, rules, and regulations. SUPPLIER also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of SUPPLIER'S noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 18.2 In connection with the execution of this Contract, SUPPLIER shall not discriminate against employees or an applicant for employment because of race, religion, color, sex or national origin. SUPPLIER shall take affirmative action to ensure that applicants are employed and employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. 19. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of law applicable to public contracts are part of this Contract to the same extent as though set forth herein and will be complied with by SUPPLIER. SUPPLIER shall not pay less than the prevailing wage. 20. South Coast Air Quality Management District’s (SCAQMD) Requirements It is SUPPLIER’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 21. Regulatory Requirements SUPPLIER shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and California Water Codes Division 2. 22. Conflict of Interest and Reporting SUPPLIER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Contract. 23. SUPPLIER’s Relationship to OCSD SUPPLIER’s relationship to OCSD in the performance of this Contract is that of an independent contractor. The personnel performing services under this Contract shall, at all times, be under SUPPLIER’s exclusive direction and control, and shall be employees of SUPPLIER and not employees of OCSD. SUPPLIER shall pay all wages, salaries and other amounts due its employees in connection with this Contract, and shall be responsible for all legal reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker’s compensation and similar matters. 24. Attorney’s Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to any other relief to which it may be entitled. Orange County Sanitation District 5 of 8 Specification No. C-2013-567BD Return to Agenda Report 25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 26. Disputes 26.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 26.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 27. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 28. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder nor shall it operate as a waiver of OCSD’s to seek remedies available to it for any subsequent breach. 29. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. 30. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and SUPPLIER. 31. Limitations upon Subcontracting and Assignment SUPPLIER shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. Orange County Sanitation District 6 of 8 Specification No. C-2013-567BD Return to Agenda Report 32. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 33. Entire Agreement This Contract constitutes the entire agreement of the parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the parties with respect to the subject matter hereof. This Contract may be modified or changed only by written instrument signed by the party charged to be bound thereby. Orange County Sanitation District 7 of 8 Specification No. C-2013-567BD Return to Agenda Report 34. Notices All notices under this Contract must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Marc Dubois Contracts/Purchasing Manager Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 SUPPLIER: Air Products and Chemicals, Inc. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year indicated below. ORANGE COUNTY SANITATION DISTRICT of Orange County, California Dated: By: ______Contracts/Purchasing Manager Dated: By: ______Chair Board of Directors Dated: By: ______Clerk of the Board AIR PRODUCTS AND CHEMICALS, INC. Dated: By______ ______Print Name and Title ______IRS Employer’s I.D. Number Orange County Sanitation District 8 of 8 Specification No. C-2013-567BD Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 6 17 Orange County Sanitation District FROM: James D. Herberg, General Manager Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: Steve Speakman, P.E. SUBJECT: AWARD REPAIRS TO PLANT 1, LOW PRESSURE GAS HOLDER (LPGH), SPECIFICATION NO. FR11-006 GENERAL MANAGER'S RECOMMENDATION A. Award a contract to responsive and responsible bidder, Paso Robles Tank, Inc. for the Plant 1 Low Pressure Gas Holder (LPGH) Repairs, Specification No. FR11-006, for a total amount not to exceed $493,500, effective July 1, 2013; and, B. Approve a contingency of $98,700 (20%). SUMMARY This will repair the tank bladder’s pulley system and the exterior stairway to the tank roof. The work also includes replacing the tank’s flexible bladder and associated appurtenances. The project will also provide protective coatings to the interior and exterior of the tank. The project is located adjacent to the Digester Gas Compressor building at Orange County Sanitation District’s (OCSD) Plant No. 1 in the City of Fountain Valley. Per our plans and specifications, OCSD advertised for bids on April 2, 2013. One sealed bid was received on May 9, 2013. The bid was evaluated in accordance with OCSD’s policies and procedures. Paso Robles Tank, Inc. was deemed a responsive, responsible bidder. Staff recommends awarding a contract to Paso Robles Tank, Inc. for a total amount not to exceed $493,500. Summary information on the bid submittal for the contract is as follows: Engineer’s Estimate $510,000 Bidder Amount of Bid Paso Robles Tank, Inc. $493,500 PRIOR COMMITTEE/BOARD ACTIONS None. Page 1 of 2 ADDITIONAL INFORMATION The low pressure digester gas holder was built in 1990 and is used to provide digester gas at a constant rate and pressure to the gas compressors. The gas compressors feed the engines in the Central Power Generation (Cengen) System. Every 10 years, the gas holder tank undergoes a planned safety inspection as required by federal safety regulations. This repair project is planned to begin in July 2013 and repairs are estimated to be completed by December 2013. During the needed repairs, digester gas will be routed around the holder. Routing the gas around the holder requires that the gas compressors operate off of gas line pressure. This operation is not as reliable as routing gas through the gas holder but the Cengen facility is able to operate normally in this mode. CEQA Notice of Exemption was filed on March 21, 2013. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD’s Delegation of Authority. This repair will be funded through the Small Capital Replacement/Rehabilitation Project SP-34 (Budget Update Fiscal Year 2012-2013 and 2013-2014 Misc. & Support Projects; Section 8 – Page 111). This Small Capital fund is used to pay for capital repairs and/or direct replacements. The SP-34 budget is adequate to cover this project. Date of Approval Contract Amount Contingency 06/26/13 $493,500 $98,700 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments: • Service Contract (8 Pages) ME:SRS:eh Page 2 of 2 Return to Agenda Report SERVICE CONTRACT Plant 1 Low Pressure Gas Holder Repairs Specification No. FR11-006 THIS AGREEMENT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Paso Robles Tank, Inc. with a principal business at 825 26th Street, Paso Robles, CA 93446 (hereinafter referred to as "CONTRACTOR") collectively referred to as the “Parties”. R E C I T A L S WHEREAS, OCSD desires to retain the services of CONTRACTOR for repairs of the Low Pressure Gas Holder at OCSD Plant Number 1 “Services”; and WHEREAS, OCSD has chosen CONTRACTOR to conduct Services in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on June 26, 2013 the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and CONTRACTOR; and WHEREAS, CONTRACTOR is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and CONTRACTOR. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit “A” Scope of Work Exhibit “B” OCSD Safety and Human Resources Policies Exhibit “C” Bid from Contractor Exhibit “D” Acknowledgement of Insurance Requirements Exhibit “E” Faithful Performance Bond Exhibit “F” Payment Bond Exhibit “G” Warranty Bond 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. Orange County Sanitation District 1 of 9 Specification No. FR11-006 Return to Agenda Report 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. 1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.8 CONTRACTOR shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below. 1.9 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by CONTRACTOR as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this project shall not exceed the total amount of Four Hundred Ninety-three Thousand Five Hundred and 00/00 Dollars ($493,500.00). 3. Payments Payments shall be made upon approval by OCSD Project Manager, Steve Speakman or his designee, of invoices submitted for work completed in accordance with the OCSD-approved Schedule of Values. OCSD, at its sole discretion, shall be the determining party as to whether the tasks and deliverables have been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. CONTRACTOR shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 4.2 Invoices shall be emailed by CONTRACTOR to OCSD at the following email address and the Purchase Order number shall be referenced in the subject line: [email protected]. 5. Audit Rights CONTRACTOR agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of CONTRACTOR relating to the invoices submitted by CONTRACTOR pursuant to this Agreement. 6. Scope of Work Subject to the terms of this Contract, CONTRACTOR shall perform the Services identified in Exhibit “A”. CONTRACTOR shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The services provided under this Contract shall be completed within 150 days from the date of notice to proceed, “Completion Date”. 9. Performance Time is of the essence in the performance of this Contract and the provisions hereof. Orange County Sanitation District 2 of 9 Specification No. FR11-006 Return to Agenda Report 10. Liquidated Damages In the event the CONTRACTOR fails to achieve Final Completion of the Work within the required period of performance or fails to meet any other time requirements set forth in the Contract Documents, including the timely submittal or update of the Project Schedule or achievement of any designated milestones or deadlines as required in the OCSD-approved Schedule of Values, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OCSD will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, CONTRACTOR will pay to OCSD the sum of $1,500 per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Project is so delayed, or timely submittal or update of the Project Schedule is so delayed. If deadlines for milestones are identified in the approved Schedule of Values, CONTRACTOR shall pay OCSD the Liquidated Damage amount corresponding to that milestone for each and every day during which the achievement of the milestone is delayed. CONTRACTOR agrees to pay such Liquidated Damages and further agrees that OCSD may offset the amount of Liquidated Damages from any monies due or that may become due CONTRACTOR under this Contract. CONTRACTOR also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the CONTRACTOR under this Contract, CONTRACTOR shall pay all such amounts to OCSD upon demand. Liquidated Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Work. If this Special Provision, “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to disentitle OCSD from claiming Liquidated Damages, OCSD is entitled to claim against the CONTRACTOR damages at law for the CONTRACTOR’s failure to complete the Project by the Final Completion date. 11. Termination 11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, CONTRACTOR shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay CONTRACTOR for work performed (cost and fee) to the date of termination. CONTRACTOR expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by CONTRACTOR other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD’S determination that CONTRACTOR is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to CONTRACTOR: . if CONTRACTOR becomes insolvent or files a petition under the Bankruptcy Act; or . if CONTRACTOR sells its business; or . if CONTRACTOR breaches any of the terms of this Contract; or . if total amount of compensation exceeds the amount authorized under this Contract. 11.4 All OCSD property in the possession or control of CONTRACTOR shall be returned by CONTRACTOR to OCSD upon demand, or at the termination of this Contract, whichever occurs first. Orange County Sanitation District 3 of 9 Specification No. FR11-006 Return to Agenda Report 12. Insurance CONTRACTOR and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in Exhibit “D“. CONTRACTOR shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 13. Bonds 13.1 CONTRACTOR shall, before entering upon the performance of this Agreement, furnish bonds (Exhibits “E” and “F” hereto) approved by OCSD’s General Counsel - one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work and one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by OCSD. As a condition of final acceptance, a third bond in the amount of one hundred percent (100%) of the final Contract price, including any change orders/amendments (attached hereto as Exhibit “G”), shall be submitted by CONTRACTOR to guarantee performance of the warranty work that may be required under this Contract. Bonds must be issued by a surety authorized by the State Insurance Commissioner to do business in California and must be maintained throughout the life of the project and during the warranty period. 13.2 CONTRACTOR is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for the OCSD and its officers to approve the bond. 14. Warranty 14.1 Manufacturer’s standard warranty shall apply unless otherwise stated in the Exhibits hereto. All manufacturer warranties will begin at date of acceptance of the equipment/goods. 14.2 All manufacturer warranties will begin at date of acceptance of the equipment/ goods. CONTRACTOR shall warrant all equipment/goods, Work and parts supplied under this Agreement for a period of one (1) year from the date of completion of site work and signed acceptance by OCSD’s Project Manager. CONTRACTOR shall be responsible for repairing or replacing the defective part or Work at no cost to OCSD, including installation and freight. This warranty does not cover parts damaged by decomposition from chemical reaction or wear caused by abrasive materials, nor does it cover damage resulting from misuse, accident, neglect, or from improper operation, maintenance, modification and adjustment. 15. Indemnification and Hold Harmless Provision CONTRACTOR agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of CONTRACTOR, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. CONTRACTOR agrees to reimburse OCSD for any expenditure, including reasonable attorney’s fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such suits at the cost and expense of CONTRACTOR. Orange County Sanitation District 4 of 9 Specification No. FR11-006 Return to Agenda Report 16. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 17. Freight (F.O.B. Destination) CONTRACTOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 18. Independent CONTRACTOR It is agreed that CONTRACTOR shall act and be an independent contractor and not an agent or employee of OCSD, and shall obtain no rights to any benefits which accrue to OCSD’S employees. 19. Limitations upon Subcontracting and Assignment CONTRACTOR shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 20. Licenses, Permits, Ordinances and Regulations CONTRACTOR represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by CONTRACTOR. 21. Applicable Laws and Regulations CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations. CONTRACTOR also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of CONTRACTOR's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 22. Familiarity with Work By executing this Contract, CONTRACTOR warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at CONTRACTOR’s risk, until written instructions are received from OCSD. 23. Public Contracts Law OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract. CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 24. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 25. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. Orange County Sanitation District 5 of 9 Specification No. FR11-006 Return to Agenda Report 26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by CONTRACTOR to which OCSD does not object shall not operate as a waiver of OCSD’S rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, if the CONTRACTOR fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from CONTRACTOR. In the event OCSD elects to “cover” as described in (3), OCSD shall be entitled to recover from CONTRACTOR as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 30. Disclosure CONTRACTOR agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 31. Attorney’s Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Orange County Sanitation District 6 of 9 Specification No. FR11-006 Return to Agenda Report 32. Damage to OCSD’S Property Any of OCSD’S property damaged by CONTRACTOR, any subcontractors or by the personnel of either will be subject to repair or replacement by CONTRACTOR at no cost to OCSD. 33. Safety and Human Resources Policies CONTRACTOR shall adhere to the OCSD Policies for Safety and Human Resources in [Exhibit “B” hereto or http://www.ocsewers.com/index.aspx?page=38&parent=13953]. 34. South Coast Air Quality Management District’s (SCAQMD) Requirements It is CONTRACTOR’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 35. Regulatory Requirements CONTRACTOR shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and California Water Codes Division 2. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and CONTRACTOR. 37. Read and Understood By signing this Contract, CONTRACTOR represents that he has read and understood the terms and conditions of the Contract. 38. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 39. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 7 of 9 Specification No. FR11-006 Return to Agenda Report 40. Notices All notices under this Contract must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 CONTRACTOR: Paso Robles Tank, Inc. ______ IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year indicated below. ORANGE COUNTY SANITATION DISTRICT Dated: By: ______Chair Board of Directors Dated: By: ______Clerk of the Board Dated: By: ______Contracts/Purchasing Manager PASO ROBLES TANK, INC. Dated: By: ______ ______Print Name and Title of Officer ______IRS Employer’s I.D. Number Orange County Sanitation District 8 of 9 Specification No. FR11-006 Return to Agenda Report Orange County Orange County Sanitation District 9 of 9 Specification No. FR11-006 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 7 18 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: John Falkenstein, P.E. SUBJECT: AWARD REPLACEMENT OF PLANT 2 TUNNEL COVERS, SPECIFICATION NO. FR-2011-494 BD GENERAL MANAGER'S RECOMMENDATION A. Award a contract to the lowest responsive and responsible bidder, ODC Engineering & Technology, for Plant 2 Tunnel Covers Replacement, Specification No. FR-2011-494 BD for a total amount not to exceed $347,980, effective July 1, 2013; and, B. Approve a contingency of $69,600 (20%). SUMMARY This project consists of the repair, and/or replacement of 48 deteriorated concrete tunnel cover panels located over the Lindstrom, Harris, Ella, Billing, Slough and Ribal tunnels at Treatment Plant No. 2. Repairs to existing cracks in structurally sound tunnel covers will be completed by using an epoxy injection. Replacement of deteriorated and/or damaged covers will be completed by installing new covers made of reinforced concrete per current engineering standards. The work also includes temporary relocation of existing utilities that are attached with brackets and hangers to the existing tunnel covers. This project’s scope is based on an assessment by Orange County Sanitation District (OCSD) staff in 2010. This project when completed will also remove temporary shoring and steel cover plates that are currently in use to provide reliable surfaces for vehicles driving over them. Per our plans and specifications, OCSD advertised for bids on March 21, 2013. Sealed bids were received on May 7, 2013. The bids were evaluated in accordance with the OCSD’s policies and procedures. ODC Engineering & Technology was deemed the lowest responsive, responsible bidder. Staff recommends awarding a contract to ODC Engineering & Technology for Plant 2 Tunnel Covers Replacement, Specification No. FR-2011-494 BD for a total amount not to exceed $347,980. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 of 2 ADDITIONAL INFORMATION Summary information on the bid submittal for Plant 2 Tunnel Covers Replacement, Specification No. FR-2011-494 BD is as follows: Engineer’s Estimate $425,000 Bidder Amount of Bid ODC Engineering & Technology $347,980 O’Connell Engineering & Construction, Inc. $349,900 Kaveh Engineering & Construction, Inc. $374,200 J.F. Shea Construction, Inc. $481,105 TTS Engineering Inc. $481,588 Tharsos $518,000 The Richards Group $553,300 Not making these repairs and/or replacements could result in tunnel collapse or disruption of utilities and/or pipeline systems and further limit vehicle access in the facilities. The new concrete tunnel covers, designed to current standards are expected to last at least 50 years under normal conditions. The project is scheduled begin July 2013 and construction is anticipated to be complete by December 2013. CEQA A Notice of Exemption has been filed for this work. The project is categorically exempt from CEQA under section 15302 (c) – replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD’s Delegation of Authority. This repair will be funded through the Small Capital Replacement /Rehabilitation Project SP- 34 (Budget Update Fiscal Year 2012-2013 and 2013-2014 Misc. & Support Projects; Section 8 – Page 111). This Small Capital fund is used to pay for capital repairs and/or direct replacements. The SP-34 budget is adequate to cover this project. Date of Approval Contract Amount Contingency 06/26/13 $347,980 $69,600 ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments: • Service Agreement (7 pages) ME:JF:eh Page 2 of 2 Return to Agenda Report SERVICE CONTRACT Plant 2 Tunnel Covers Replacement Specification No. FR-2011-494BD THIS AGREEMENT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and ODC Engineering & Technology with a principal business at 5675 Walnut Ridge Dr., Agoura hills, CA 91301 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”. W I T N E S S E T H WHEREAS, OCSD desires to retain the services of Contractor for replacement of tunnel covers at OCSD Plant Number 2 “Services”; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on June 26, 2013 the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit “A” Scope of Work Exhibit “B” Safety and Human Resources Policies Exhibit “C” Bid from Contractor Exhibit “D” Acknowledgement of Insurance Requirements 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of 7 Specification No. FR-2011-494BD Return to Agenda Report 1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below. 1.9 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this project shall not exceed the total amount of Three Hundred Forty-seven Thousand Nine Hundred Eighty and 00/00 Dollars ($347,980.00). 3. Payments Payments shall be made upon approval by OCSD Engineer, John Falkenstein or his designee, of invoices submitted monthly for work completed as described in Exhibit “A”. OCSD, at its sole discretion, shall be the determining party as to whether the tasks and deliverables have been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 4.2 Invoices shall be emailed by Contractor to OCSD at the following email address and the Purchase Order number shall be referenced in the subject line: [email protected]. 5. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 6. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 7. Contract Term The services provided under this Contract shall be completed within 150 days from the date of notice to proceed. 8. Termination 8.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. Orange County Sanitation District 2 of 7 Specification No. FR-2011-494BD Return to Agenda Report 8.2 OCSD reserves the right to terminate this Contract immediately upon OCSD’S determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 8.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: . if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or . if Contractor sells its business; or . if Contractor breaches any of the terms of this Contract; or . if total amount of compensation exceeds the amount authorized under this Contract. 8.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 9. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the Acknowledgement of Insurance Requirements, Exhibit “D“. Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 10. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney’s fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such suits at the cost and expense of Contractor. 11. Warranty 11.1 Manufacturer’s standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 11.2 Contractor’s warranty: If, within the 12-month period following completion of its Services, OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies). 12. Audit Rights Contractor agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Agreement. 13. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. Orange County Sanitation District 3 of 7 Specification No. FR-2011-494BD Return to Agenda Report 14. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 15. Independent Contractor It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of OCSD, and shall obtain no rights to any benefits which accrue to OCSD’S employees. 16. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 17. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 18. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OCSD. 20. Public Contracts Law OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 21. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 22. Dispute Resolution 22.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. Orange County Sanitation District 4 of 7 Specification No. FR-2011-494BD Return to Agenda Report 22.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 23. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 24. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD’S rights to seek remedies available to it for any subsequent breach. 25. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to “cover” as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 26. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 27. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 28. Safety and Human Resources Policies Contractor shall adhere to the Safety and Human Resources Policies in [Exhibit “B” hereto or http://www.ocsewers.com/index.aspx?page=38&parent=13953]. 29. Damage to OCSD’S Property Any of OCSD’S property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 30. Attorney’s Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Orange County Sanitation District 5 of 7 Specification No. FR-2011-494BD Return to Agenda Report 31. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 32. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and California Water Codes Division 2. 33. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 34. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. 35. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 36. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 37. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 6 of 7 Specification No. FR-2011-494BD Return to Agenda Report 38. Notices All notices under this Contract must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: ODC Engineering & Technology ______ IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year indicated below. ORANGE COUNTY SANITATION DISTRICT Dated: By: ______Chair Board of Directors Dated: By: ______Clerk of the Board Dated: By: ______Contracts/Purchasing Manager ODC Engineering & Technology Dated: By: ______ ______Print Name and Title of Officer ______IRS Employer’s I.D. Number Orange County Sanitation Districtproved as to Form: Orange County Sanitation District 7 of 7 Specification No. FR-2011-494BD Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 8 19 Orange County Sanitation District FROM: James Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facility Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services SUBJECT: MIDWAY CITY SANITARY DISTRICT REPAIR WORK REIMBURSEMENT GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to approve payment to Midway City Sanitary District in an amount of $54,630 for the reimbursement of sidewalk, curbs and driveway repairs. SUMMARY Since 2001, OCSD has continuously added chemicals to the Miller Holder and/or Knott Trunk Sewers for odor and corrosion control. The OCSD chemical feed station is located at the Midway City Sanitary District (MCSD) Maintenance Yard. MCSD has hosted this station at no cost to OCSD. Chemicals are delivered by large tanker trailer trucks about 3 to 4 times per week. The MCSD driveway was not designed to accommodate these large trucks with their large turning radius. Due to their size, the chemical tanker trucks were having difficulty entering and exiting the MCSD facilities. As a result, they drove over the sidewalk, curb and landscaping, and caused damage to the sidewalk and driveway at MCSD. Repairs to the sidewalk, curb and driveway were designed by MCSD. OCSD requested that the facility also be designed to accommodate the chemical delivery vehicles. The repair work included: • Repair of north driveway entrance • Concrete removal • Installation of swing gate • Removal and disposal of trees, bushes and planters • Replacement of concrete wall • Repair of a parking stall and travel path, in compliance with Americans with Disabilities Act (ADA) design standards The project is now complete and total amount of reimbursement negotiated with MCSD is $54,630. Staff recommends that the payment be approved. PRIOR COMMITTEE/BOARD ACTIONS NA Page 1 ADDITIONAL INFORMATION MCSD provides an ideal host site for dosing chemicals since it allows access to two different trunk sewers and is a fenced and secure facility. MCSD approved their Project on November 6, 2012. A portion of this work was for the sidewalk, curbs, and driveway repairs, as stated above for which they are requesting reimbursement. All construction and installation work must comply with the city standards and fire department requirements. The repairs made by MCSD also comply with the 2010 Americans Disabilities Act (ADA) Standards. Each 18-wheeler tanker trailer truck load delivery has a capacity of approximately 4,000 gallons of chemicals. The standard dimension for the tanker trailer trucks are: 13 feet high, 8.5 feet wide and maximum overall weight limit is 80,000 pounds. CEQA N/A: This is an MCSD project. BUDGET / DELEAGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD’s Delegation of Authority. This repair will be funded through Division 342, Odor & Corrosion Control (Budget Update Fiscal Year 2012-2013 and 2013-2014; Section 6 – Page 52) (342.54010. 09810125). This fund is used to pay for repairs and maintenance service. Date of Approval Reimbursement Amount Contingency 06/26/13 $54,630 N/A ATTACHMENT None MPV:ME:NA:eh Page 2 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 9 20 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Wendy Sevenandt SUBJECT: TITLE 24 ACCESS COMPLIANCE AND BUILDING REHABILITATION, PROJECT NO. P1-115 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to negotiate a Professional Consultant Services Agreement with The Austin Company for construction support services for Title 24 Access Compliance and Building Rehabilitation, Project No. P1-115. SUMMARY Title 24 Access Compliance and Building Rehabilitation, Project No. P1-115, will retrofit existing support buildings and trailers at Plant No. 1 to meet accessibility requirements and other code requirements, and provide maintenance replacements such as roofs and lighting. The Austin Company (Austin) is providing architectural and engineering services for this project. Austin has satisfactorily furnished engineering services for the design of Project No. P1-115 and their engineering support services are needed during construction to provide continuity through the completion of the project. The proposed construction services will include reviewing submittals, answering Contractor’s requests for information, reviewing design changes, supporting Orange County Sanitation District with City inspections, providing claims avoidance and dispute resolution assistance, providing special inspections and final inspection, preparing record drawings, and assisting in closeout of the project. This Professional Consultant Services Agreement will be presented to the Board of Directors for approval at a future meeting. Staff is requesting authorization to negotiate the agreement now so that contracted documents can be approved and in place prior to the award of a Construction Contract at a future meeting. PRIOR COMMITTEE/BOARD ACTIONS May 2012 – Approved a contingency increase of $330,000 (15%) to the Professional Design Services Agreement with The Austin Company for the Title 24 Access Compliance and Building Rehabilitation, Project No. P1-115, for a total contingency of $550,000 (25%). Page 1 of 2 July 2011 – Approved a Professional Design Services Agreement with The Austin Company to provide professional design services for Title 24 Access Compliance and Building Rehabilitation, Project No. P1-115, for an amount not to exceed $2,200,000 and approved a contingency of $220,000 (10%). ADDITIONAL INFORMATION None. CEQA A Notice of Exemption was filed for this project on January 5, 2011. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District’s Delegation of Authority. This item has been budgeted (FY2012-13 Section 8, Page 100) and the budget is sufficient for the recommended action. WS:dm:gc Page 2 of 2 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 06/05/13 06/26/13 Item Number Item Number AGENDA REPORT 10 21 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Wendy Sevenandt SUBJECT: BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2, PROJECT NO. P2-106 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to negotiate a Professional Consultant Services Agreement with Dudek & Associates, Inc. for construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, ProjectNo. P2- 106. SUMMARY Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, will replace feed water and burner systems at the existing boilers at Plant No. 2 and demolish H & I Scrubbers including associated equipment, ductwork, piping and electrical systems. Dudek & Associates, Inc. (Dudek) is providing engineering services for this project. Dudek has satisfactorily furnished engineering services for the design of Project No. P2-106 and their engineering support services are needed during construction to provide continuity through the completion of the project. The proposed construction services will include reviewing submittals, answering Contractor’s requests for information, reviewing design changes, providing claims avoidance and dispute resolution assistance, providing final inspection, preparing record drawings, and assisting in closeout of the project. This Professional Consultant Services Agreement will be presented to the Board of Directors for approval at a future meeting. Staff is requesting authorization to negotiate the agreement now so that contracted documents can be approved and in place prior to the award of a Construction Contract at a future meeting. PRIOR COMMITTEE/BOARD ACTIONS August 2012 - Approved a name change for Project No. P2-106 from “Chemical Scrubber Conversions and Piping System Improvements” to “Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2.” Page 1 of 2 July 2010 - Approved a Professional Design Services Agreement with Dudek for Chemical Scrubber Conversions and Piping System Improvements, Project No. P2-106, providing for engineering design services for an amount not to exceed $165,559 and approve a contingency in the amount of $16,555 (10%). ADDITIONAL INFORMATION None. CEQA A Notice of Exemption was filed for this project on August 24, 2006. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District’s Delegation of Authority. This item has been budgeted (FY2012-13 Section 8, Page 81) and the budget is sufficient for the recommended action. WS:dm:gc Page 2 of 2 Meeting Date To Bd. of Dir. OPERATIONS COMMITTEE 6/05/13 6/26/13 Item Number Item Number AGENDA REPORT 11 22 Orange County Sanitation District FROM: James Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Wendy Smith SUBJECT: TUSTIN/ROSE AVENUE GRADE SEPARATION PROJECT NO. 2-76, UTILITY AGREEMENT OCSD-1 GENERAL MANAGER'S RECOMMENDATION A. Adopt Resolution No. OCSD 13-10, certifying the Notice of Exemption for the Tustin/Rose Avenue Grade Separation Project, Finding that the Lead Agency CEQA Compliance Obligations have been Fulfilled, and Related Actions (Project No. 2-76); and, B. Approve a Utility Agreement OCSD-1 with the Orange County Transportation Authority, which includes a reimbursement amount not to exceed $300,000. SUMMARY In conjunction with the City of Anaheim and the City of Placentia, the Orange County Transportation Authority (OCTA) is performing the Tustin/Rose Avenue Grade Separation Project. The project consists of raising the grade of Tustin/Rose Avenue over the Burlington Northern and Santa Fe (BNSF) railroad tracks. The location of the bridge abutments will necessitate the relocation of the Orange County Sanitation District’s (OCSD) facilities, Project No. 2-76. The project will be constructed by OCTA to OCSD standards. Project construction is scheduled to begin in June 2013. Due to the complicated nature of property rights, OCTA and OCSD will be executing two utility agreements (OCSD-1 and OCSD-2). OCSD-1 applies to the 24-inch pipe located in Orangethorpe Avenue. OCSD does not have an easement for the OCSD-1 facility. OCSD-2 applies to the 27-inch pipe located in Tustin Avenue, for which OCSD has an easement. Please reference Exhibit A for a map of the project area. OCSD has the right to use the public right-of-way within our service boundary to construct, operate, and maintain facilities for wastewater transportation (CA Health and Safety Code Section 4759 and 4759.1); however, the right is considered a statutory franchise right and as such the principle of “prior in time, prior in right” applies. The public right-of-way existed before OCSD’s facility was constructed in Orangethorpe Avenue; therefore, it is OCSD’s responsibility to pay for the relocation of this portion of pipe. Page 1 of 2 Per the terms of Utility Agreement OCSD-1, OCSD will reimburse OCTA for the construction costs of the project. OCTA has agreed to pay for the design costs and construction administration costs. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OCSD’s pipeline is located in the City of Anaheim public right-of-way. OCSD’s facilities consist of a 24-inch to 27-inch reinforced concrete pipe that conveys flow from east to west along Orangethorpe Avenue, turns south on Tustin Avenue, and continues south across the railroad right-of-way. The new pipeline alignment on Orangethorpe Avenue will continue to be located within the public right of way. The new pipeline alignment in Tustin Avenue will be located within a non-exclusive easement corridor located on adjacent Orange County Water District property. OCSD has the right to have an on-site inspector at the construction site to oversee the work for the duration of the project. Due to the fact that OCSD and OCTA are represented by the same law firm, OCSD has retained the services of Rutan and Tucker, LLP concerning this project and agreement. CEQA The City of Placentia is the lead agency under the California Environmental Quality Act (CEQA), for the proposed Tustin/Rose Avenue Grade Separation Project. Resolution No. OCSD 13-XX makes CEQA findings required from OCSD as a CEQA responsible agency and then makes a finding that the City of Placentia has satisfied CEQA compliance. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District’s Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 22). Project contingency funds will not be used for this agreement. ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: 1. Resolution No. OCSD 13-10 2. Utility Agreement OCSD-1 3. Exhibit A WS:sa:gc Page 2 of 2 Return to Agenda Report RESOLUTION NO. OCSD 13-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT CERTIFYING THE NOTICE OF EXEMPTION FOR THE TUSTIN/ROSE GRADE SEPARATION PROJECT; AND FINDING THAT LEAD AGENCY CEQA COMPLIANCE OBLIGATIONS HAVE BEEN FULFILLED. The Board of Directors of the Orange County Sanitation District does hereby find: A. The Orange County Sanitation District (OCSD) owns sewers in the Tustin/Rose Grade Separation Project area. B. The Cities of Placentia and Anaheim have contracted with the Orange County Transportation Agency (OCTA) to design and construct the Tustin/Rose Grade Separation Project. C. The Orange County Transportation Agency (OCTA) has proposed the relocation of the sewers along Orangethorpe Avenue and Tustin Avenue to accommodate a railroad grade separation. D. The City of Placentia is the lead agency under the California Environmental Quality Act (CEQA), for the proposed protection/relocation of the Tustin/Rose Grade Separation Project. E. The City of Placentia prepared a Notice of Exemption for the Tustin/Rose Grade Separation Project pursuant to the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines. F. The City of Placentia certified the project and the Notice of Exemption on November 17, 2008 and filed a Notice of Determination on November 18, 2008. G. No comments or challenges were filed during the 30-day review period for the Project. H. OCSD is a responsible agency under the California Environmental Quality Act (CEQA). NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1: That the Board of Directors certifies the Notice of Exemption as complete and adequate in that it addresses all of the environmental effects of the Project and fully complies with the requirements of CEQA and the CEQA Guidelines environmental analysis procedures. All of the information comprising OCSD-13-10-1 Return to Agenda Report the Notice of Exemption is on file with the City of Placentia at 401 East Chapman Avenue, Placentia, California. Section 2: The Board of Directors finds that the Project has no known potentially significant environmental impacts. Section 3: The Board of Directors finds that no substantial evidence has been presented which would call into question the facts and conclusions of the City of Placentia in preparing and filing a Notice of Exemption. Section 4: The Board of Directors finds that the Notice of Exemption reflects the independent review and judgment of the Orange County Sanitation District. Section 5: The Board of Directors finds that a Notice of Exemption serves as adequate and appropriate environmental documentation for the Project. PASSED AND ADOPTED at a regular meeting held ______, 2013. ______Chair, Orange County Sanitation District ATTEST: ______Clerk of the Board OCSD-13-10-2 Return to Agenda Report Orange County Transportation Authority UTILITY AGREEMENT Page 1 of 3 Project Location County Route Tustin Avenue Orange Orangethorpe Tustin Avenue Grade Separation Rail Corridor between Atwood Channel and Orangethorpe Avenue Federal Aid No. CLMN-6071(061) Notice OCSD-1 Number Owners File: SO204.3.4 OCSD Utility Agreement.docx Date: Grade Yes No Separation: UTILITY AGREEMENT NO: OCSD-1 DATE ______ The Orange County Transportation Authority, (OCTA) proposes to construct a grade separation at Tustin Avenue between Atwood Channel and Orangethorpe Avenue (Grade Separation Project) on behalf of the Cities of Anaheim and Placentia. Orange County Sanitation District (OCSD) owns and maintains sanitary sewer facilities (Facilities) within the boundaries of the Grade Separation Project. The Facilities must be relocated in order to construct the Grade Separation Project. To accommodate the Grade Separation Project, It is hereby mutually agreed that: I. WORK TO BE PERFORMED In accordance with Notice to Owner (in the form attached hereto as Exhibit “A”), OCTA shall relocate the Facilities (Facilities Relocation) on behalf of OCSD within the street rights of way of the Cities of Anaheim and Placentia, OCTA will provide plans, specifications and estimates (Relocation Plans) for the Facilities Relocation to OCSD for review and approval at least 30 calendar days before advertisement of the Relocation Plans for bids. The Relocation Plans will be prepared in conformance with OCSD’s regulations, procedures, manuals, standards and specifications, and other applicable agency standards. OCTA shall perform the Facilities Relocation in substantial conformance with the Relocation Plans. No modification, waiver or amendment of the Relocation Plans will be valid unless the same is in writing and executed by duly authorized representatives of OCTA and OCSD. OCTA shall not interrupt the sewer services provided by OCSD to its customers without the prior written approval of OCSD, OCTA’s Contractor shall make every effort to minimize the duration of temporary sewer facility use. OCSD shall be responsible for the cost and expense of providing temporary sewer facilities to avoid sewer service interruption. II. LIABILITY FOR WORK The Facilities will be relocated in accordance with OCSD’s statutory franchise in the streets of the Cities of Anaheim and Placentia for this relocation, OCTA’s expense shall be Zero (0%) and OCSD’s expense shall be One Hundred Percent (100%). The estimated cost to OCSD for the Facilities Relocation is Two hundred sixty-four thousand Dollars ($264,000) (Estimated Cost); provided that, no contract to perform the Facilities Relocation will be let for a sum exceeding Three hundred thousand Dollars ($300,000) without the prior, written consent of the Board of directors of OCSD. Moreover, no change orders will be approved that cause the cost to exceed Three hundred thousand dollars ($300,000) without the prior, written consent of the Board of Directors of OCSD. OCSD acknowledges that the Estimated Cost is an estimate only, and that OCTA does not warrant, promise, or otherwise, represent that the Facilities Relocation will or can be performed for the Estimated Cost. Nothing in this agreement limits or modifies OCSD’s obligation by law to relocate its Facilities to accommodate the Grade Separation Project. III. PERFORMANCE OF WORK: OCTA agrees to perform the Facilities Relocation with its own forces or to cause the Facilities Relocation to be performed by OCTA’s contractor as a component of the contract for the Grade Separation Project, and to furnish all necessary labor, materials, tools and equipment required therefore, and to prosecute said work diligently to completion. OCTA agrees to require all legally required bonds, including a Faithful Performance Bond and a Labor and material Bond. IV. PAYMENT FOR WORK OCSD shall be fully responsible for the reasonable payment of the cost and expense to construct the Facilities Relocation, subject to the cap referenced in Section II. All cost incurred by OCTA to construct the Facilities Relocation (OCSD Project Costs), will be billed pursuant to the terms and conditions of this Agreement. Revised 6/19/2013 Return to Agenda Report Orange County Transportation Authority UTILITY AGREEMENT Page 2 of 3 Subject to the limitations herein, OCSD shall pay its share of the actual cost of the OCSD Project Cost within 90 days after receipt of OCTA’s itemized bill in quintuplicate, signed by a responsible official of OCTA and prepared on OCTA letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to the Facilities Relocation in accordance with the applicable system of accounts prescribed to OCSD by OCTA. It is understood and agreed that the OCTA will not pay for any betterment or increase in capacity of the Facilities. Not more frequently than monthly, but not less than quarterly, OCTA will prepare and submit progress bills for OCSD Project Costs incurred as of the billing date, less estimated credits, if any, applicable to completed work. The OCTA shall submit a final bill to the OCSD for OCSD Project Costs within 90 days after the completion of the Facilities Relocation. The final bill shall be in the form of an itemized statement of the total OCSD Project Costs attributable to the Facilities Relocation, less credits, if any, and less any amounts covered by progress payments. Any and all increases in the OCSD Project Costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of both OCSD and OCTA. Detailed records from which the bill is compiled shall be retained by the OCTA for a period of three years from the date of the final bill and will be available for audit by OCSD and/or Federal auditors. V. INSURANCE OCTA will require its. Contractors and sub-contractors to maintain the following insurance coverage during the entire period of the Facilities Relocation at levels no less than required by law, with the following minimum insurance coverage: a. Commercial General Liability, to include Products/Completed Operations, Independent Contractors, Contractual Liability and Personal Injury Liability with at least $5,000,000 of coverage. b. Automobile Liability Insurance with the following limits: 1) Bodily Injury and Property Damage with limits of $1,000,000.00 per accident combined single limit; c. Worker's Compensation with limits as required by the State of California. OCTA will require that OCSD is an additional insured for purposes of this insurance coverage. VI. WARRANTY OCTA will obtain on behalf of OCSD a one-year warranty on the work to be performed for all of OCSD sewer facilities from OCTA’s construction contractor. OCTA will promptly notify OCSD of the commencement of the warranty period, which commencement shall not occur prior to OCSD’s acceptance of the work as complete. Such warranty will read as follows: “Contractor guaranteed for a period of one (1) year from the date of final acceptance of the work by OCTA (for OCSD) that the Contractor will repair or move and replace any work, together with any other work which may be displaced in so doing, this is found to be defective in workmanship and/or materials without any expense to OCTA or its assigns, ordinary wear and tear excepted. If Contractor fails to comply with this warranty within one (1) week after being notified in writing, OCTA (OCSD) or is assigns are authorized to proceed to have the defects remedied at Contractors expense. Contractor will pay the cost and charges thereof immediately on demand. If, in the opinion of OCTA (OCSD) or its assigns, defective work detected during the guarantee period creates a dangerous condition or requires immediate correction or modification to prevent further loss to OCTA (OCSD) or its assigns or to prevent interruption of OCTA’s (OCSD) or its assigns’ operations, OCTA (OCSD) or its assigns will be authorized to repair the condition without prior notice to the Contractor and Contractor will pay the cost and charges thereof immediately upon demand. Contractor’s obligations under this section are in addition to Contractor’s other express or implied assurances under the Construction Contract and State and in no way diminish any other rights that OCTA (OCSD) or its assigns may have against Contractor for faulty materials, equipment, or work. Contractor agrees that this warranty and guarantee will be freely assignable to the Orange County Sanitation District without any further notice to or consent from Contractor. VII. INDEMNIFICATION a. OCTA shall defend, indemnify and hold harmless OCSD, and its officers, agents, elected officials, and employees, from and against all liability, claims, losses and demands, including defense costs and reasonable attorney’s fees, whether resulting from court action or otherwise, arising out of the acts or omissions of OCTA, its officers, agents, or employees, in the performance of this Agreement, excepting acts or omissions directed by OCSD, or by its officers, agents or employees, acting within the scope of their employment, for which the OCSD agrees to defend and indemnify OCTA in a like manner. This indemnity shall survive even after the termination of this Agreement. b. OCSD shall defend, indemnify and hold harmless OCTA, and its officers, agents, elected officials, and employees from and against all liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether resulting from court action or otherwise, arising out of the acts or omissions of OCSD, its officers, agents, or employees, in the performance of the Agreement, excepting acts or omissions directed by OCTA, or by its officers, agents, or employees, acting within the scope of their employment, for which OCTA agrees to defend and indemnify OCSD in a like manner. This indemnity shall survive even after the termination of this Agreement. Revised 6/19/2013 Return to Agenda Report Orange County Transportation Authority UTILITY AGREEMENT Page 3 of 3 VIII. GENERAL CONDITIONS If the Grade Separation Project is canceled or modified so as to eliminate the necessity for the Facilities Relocation, OCTA will notify OCSD in writing. Thereafter, the parties will meet and confer to discuss an amendment to this agreement that shall provide for close out of the work. OCTA agrees to cease all work under this agreement on or before the effective date of any such notice. The amendment shall provide that OCTA reimburse OCSD the cost of the Facilities Relocation Project. Such costs shall include but not be limited to the cost of labor and materials. OCTA shall submit a Notice of Completion to the OCSD within 30 days of the completion of work described herein. The parties intend the Facilities Relocation to be made within the street rights of way of the Cities of Anaheim and Placentia, subject to all of the rights, restrictions, and limitations of OCSD’s statutory franchise in the Cities streets. OCTA agrees to provide all staff, employees, agents, consultants and contractors deemed necessary and appropriate by OCTA to manage, administer, coordinate and oversee engineering design, right-of-way, construction and construction management of the Facilities Relocation. As deemed necessary and appropriate by OCTA, OCTA agrees further to prepare construction contract documents, advertise and award construction contracts, and conduct construction administration and construction management for the Facilities Relocation. OCTA will invite OCSD staff to all construction progress meetings that are focused on the Facilities Relocation. OCTA will provide OCSD staff with contractor schedules and updates. OCTA will notify OCSD 48 hours prior to the need for an inspection. OCTA will cause OCSD to be provided with “as-built drawings of the relocated Facilities upon completion of the Facilities Relocation. OCSD will perform a recorded closed-circuit television (cctv) review of the Sewer Facilities before and after construction and within the last 20 business days of the warranty period. OCSD will provide a copy of the recordings to OCTA promptly after each review is performed. OCSD shall be entitled to a 60-day submittal review period OCSD shall be entitled to have an on-site inspector in the work area. OCSD shall have ability to witness and verify geotechnical testing and survey elevations. Both parties agree to collaborate and cooperate with staff, consultants, employees, agents and contractors during design and construction of the Facilities Relocations. OWNER shall comply with the Federal Highway Administration (FHWA) Buy America Requirements of 23 Code of Federal Regulations (CFR) 635.410, which permits FHWA participation in the Agreement only if domestic steel and iron will be used on the project. To be considered domestic, all steel and iron used and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. This requirement does not preclude minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract cost. This agreement contains the entire agreement between the parties and supersedes any prior oral or written statements or agreements between the parties. UTILITY AGREEMENT NO.OCSD-1 IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of, and this AGREEMENT shall be effective as of, the “Date” set forth on the face page of this AGREEMENT. ORANGE COUNTY SANITATION DISTRICT: By:______ Print Name: ______ Title: ______ Approved As To Form: By: ______Mr. Robert Owen, Rutan & Tucker, LLP Special Counsel Revised 6/19/2013 Return to Agenda Report Orange County Transportation Authority UTILITY AGREEMENT Page 4 of 3 ORANGE COUNTY TRANSPORTATION AUTHORITY, A public agency By: ______ Print Name: ______ Title: ______ Approved As To Form: By: ______Mr. Don Mc Intyre, Special Counsel Revised 6/19/2013 Return to Agenda Report Tustin/Rose Grade Separation Project Exhibit A - Agreement Limits OCSD-1 OCSD-2 LEGEND Manhole Manhole ² Sewer Gravity 0 250 500 Feet Meeting Date To Bd. of Dir. ADMINISTRATION COMMITTEE 06/12/13 06/26/13 Item Number Item Number AGENDA REPORT 2 24 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: ESTABLISHING USE CHARGES FOR THE FY 2013-14 PURSUANT TO THE WASTEWATER TREATMENT AND DISPOSAL AGREEMENT WITH THE SANTA ANA WATERSHED PROJECT AUTHORITY GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 13-11, Establishing Use Charges for the FY 2013-14 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. SUMMARY Currently, OCSD invoices Santa Ana Watershed Project Authority (SAWPA) on a quarterly basis for the wastewater discharge we receive from the SARI line. Annually, the rates for flow, biochemical oxygen demand (BOD), and total suspended solids (TSS) are calculated based upon the fiscal year budget for treatment and disposal costs and the 1996 Wastewater Treatment and Disposal agreement. The rates calculated for each constituent for FY 2013-14 for wastewater discharge are: FLOW $162.60 BOD $249.40 TSS $370.19 The FY 2013-14 rates are a 1.34 percent decrease over the FY 2012-13 rates, due to a 1.34 percent decrease in the treatment and disposal costs in the proposed FY 2013-14 Budget. These rates are separate from the rates charged for additional capacity purchases by SAWPA. PRIOR COMMITTEE/BOARD ACTIONS June 2012 - Adopted Resolution No. OCSD 12-08 Establishing Use Charges for the FY 2012-13 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. June 2011 - Adopted Resolution No. OCSD 11-08 Establishing Use Charges for the FY 2011-12 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. June 2010 - Adopted Resolution No. OCSD 10-09 Establishing Use Charges for the FY 2010-11 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. Page 1 June 2009 - Adopted Resolution No. OCSD 09-08 Establishing Use Charges for the FY 2009-10 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. June 2008 - Adopted Resolution No. OCSD 08-09 Establishing Use Charges for the FY 2008-09 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. June 2007 - Adopted Resolution No. OCSD 07-15 Establishing Use Charges for the FY 2007-08 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. ADDITIONAL INFORMATION None. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: Draft Resolution No. OCSD 13-11, Establishing Use Charges for the FY 2013-14 Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority. JDH:LT:MW:AB/jmf Page 2 Return to Agenda Report RESOLUTION NO. OCSD 13-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING USE CHARGES FOR THE 2013-14 FISCAL YEAR PURSUANT TO THE WASTEWATER TREATMENT AND DISPOSAL AGREEMENT WITH THE SANTA ANA WATERSHED PROJECT AUTHORITY (“SAWPA”) WHEREAS, the Board of Directors has approved the Wastewater Treatment and Disposal Agreement with the SANTA ANA WATERSHED PROJECT AUTHORITY (“SAWPA”); and, WHEREAS, said agreement provides for payment of Disposal Costs for the measured and sampled flow of Wastewater discharged from SAWPA’s SARI Service Area to Districts’ facilities; and, WHEREAS, said agreement provides for adjustment of said Disposal Costs on an annual basis. NOW, THEREFORE, The Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1. That pursuant to Section C4 of the Wastewater Treatment and Disposal Agreement, the 2013-14 fiscal year charges for Disposal Costs are hereby established as follows: For Flow: $ 162.60 per million gallons of flow For Biochemical Oxygen Demand: $ 249.40 per thousand pounds For Total Suspended Solids: $ 370.19 per thousand pounds PASSED AND ADOPTED at a regular meeting held June 26, 2013. ______Chair ATTEST: ______Clerk of the Board OCSD-13-11-1 Meeting Date To Bd. of Dir. ADMINISTRATION COMMITTEE 06/12/13 06/26/13 Item Number Item Number AGENDA REPORT 3 25 Orange County Sanitation District FROM: Jim Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PROPOSED REVISIONS TO FY 2013-14 BUDGET. GENERAL MANAGER'S RECOMMENDATION Approve the proposed revisions to the Operating, Capital, Debt/COP Service and Self- Insurance Budgets for FY 2013-14, as follows: Originally Proposed Adopted Budget Revised Budget FY 2013-14 FY 2013-14 Operations & Maintenance $155,761,100 $151,227,990 Capital Improvement Program 174,421,000 141,600,000 Rehabilitation, Replacement, & Refurbishment - 3,303,000 Debt/COP Service 97,576,000 98,450,000 Re-Purchase of Excess Capacity - 2,200,000 General Liability and Property Self-Insurance 1,512,200 1,512,200 Worker's Compensation Self Insurance 700,000 640,000 TOTAL $429,970,300 $398,933,190 SUMMARY Developing a two-year budget increases efficiencies and provides a longer planning horizon. This update represents known revisions to the second year of the two-year budget. The FY 2013-14 Proposed Revised Budget is enclosed for the Committee's consideration. The Proposed Revised Budget was presented to the Operations Committee at its regular June meeting as an information item in order to allow each Committee an opportunity to review the proposal prior to the June Board meeting. Although each Committee has had an opportunity to review the proposal, it remains the responsibility of the Administration Committee to recommend approval. The Administration Committee is requested to recommend that the Board of Directors approve this budget. Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS June 2013 – The FY 2013-14 Proposed Revised Budget was presented to the Operations Committee Meeting as an information item; and presented for consideration to recommend to the Board of Directors to the Administration Committee during their respective meetings in June 2013. June 2012 – The Board approved the FY 2012-13 and FY 2013-14 Two-Year Budget for the period July 1, 2012 through June 30, 2014. ADDITIONAL INFORMATION None. ATTACHMENTS The following attachment(s) is provided in hard copy and may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: 1. 2013-14 Budget Update Development – Expense Summary 2. Proposed FY 2013-14 Revised Budget (Separate Booklet) JH:LT:MW:jf http://ecm/sites/board/PublishedBoardAgendaSP2010/25.Proposed Revisions to FY 2013-14 Budget/25.01-Budget Revision AR FY13-14 June 2013.docx Revised: 06/04/03 Page 2 Return to Agenda Report 2013-14 Budget Update Development - Expense Summary 2013-14 2013-14 Proposed Increase/ Percent Description Adopted Revision (Decrease) Change 1 Salaries & Wages $ 65.4 $ 65.4 $0.0 0% 2 Benefits $ 30.8 $ 32.6 $1.8 6% 3 Operating Materials & Supplies $ 19.8 $ 17.7 ($2.1) -11% 4 Contractual Services $ 27.9 $ 23.2 ($4.7) -17% 5 Repairs & Maintenance $ 11.9 $ 11.8 ($0.1) - 1% 6 Utilities $ 8.8 $ 7.8 ($1.0) -11% 7 Professional Services $ 2.4 $ 4.0 $1.6 67% 8 Other Operating Supplies $ 3.2 $ 2.5 ($0.7) -22% 9 Administrative Expenses $ 1.2 $ 1.3 $0.1 8% 10 Research & Monitoring $ 0.9 $ 0.8 ($0.1) -11% 11 Other Non-Operating Expenses $ 0.0 $ 0.8 $0.8 N/A 12 Training & Meetings $ 1.2 $ 1.1 ($0.1) -8% 13 Printing & Publication $ 0.4 $ 0.4 $0.0 0% 14 Cost Allocation ($ 18.2) ($ 18.2) $0.0 0% 15 Net Operating Requirements $155.7 $151.2 ($4.5) - 3% Return to Agenda Report Proposed Adjustments to the Approved 2013-14 Operating Budget 1) Salaries/Wages: $65.4M to $65.4M No Change from Adopted 2) Benefits: $30.8M to $32.6M $1.8 Million Increase (6%) - Increase a result of changes in Orange County Employees’ Retirement System (OCERS) plan costs 3) Materials/Supplies: $19.8M to $17.7M $2.1 Million Decrease (-11%) 4) Contractual Services: $27.9M to $23.2M $4.7 Million Decrease (-17%) 5) Repairs & Maintenance: $11.9M to $11.8M $0.1 Million Decrease (-1%) 6) Utilities: $8.8M to $7.8M $1.0 Million Decrease (-11%) 7) Professional Services: $2.4M to $4.0M $1.6 Million Increase (67%) - Increase a result of changes in Legal costs and other Professional Services contracts (see attached) 8) Operating Supplies: $3.2M to $2.5M $0.7 Million Decrease (-22%) 9) Administrative Expenses: $1.2M to $1.3M $0.1 Million Increase (8%) - Increase a result of changes to small line items, generally by less than $10,000 10) Research & Monitoring: $0.9M to $0.8M $0.1 Million Decrease (-11%) 11) Other Non-Operating: $0.0M to $0.8M $0.8 Million Increase - Increase a result of Budget Appropriations Funds for Items that were not purchased in this fiscal year, but still required next fiscal year 12) Training & Meetings: $1.2M to $1.1M $0.1 Million Decrease (- 8%) 13) Printing & Publication: $0.4M to $0.4M No Change from Adopted 14) Cost Allocation: ($18.2M) to ($18.2M) No Change from Adopted 15) Net Operating Budget $155.7M to $151.2M $4.5 Million Decrease (-3%) The Proposed Operating Budget decreases by $4.5 million or 3% from originally approved Return to Agenda Report Orange County Sanitation District, California Budget Update Fiscal Year 2013–14 Mission Statement “We protect public health and the environment by providing effective wastewater collection, treatment, and recycling.” GFOA BUDGET PRESENTATION AWARD The Government Finance Offi cers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to the Orange County Sanitation District, California, for its biennial budget for the fi scal years beginning July 1, 2012. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a fi nancial plan, and as a communication device. Return to Agenda Report TABLE OF CONTENTS OCSD Service Area ...... i Board of Directors ...... ii Board Committees ...... iii Orange County Sanitation District Organization Chart ...... iv Administrative Offi cials ...... v Message from the General Manager ...... vi Finance Summary ...... 1 Financial Overview & Budgetary Issues ...... 2 Where the Money Comes From ...... 6 Funding Sources by Category ...... 6 Where the Money Goes ...... 8 Funding Uses by Category ...... 8 Strategic Planning ...... 10 Capital Improvement Program ...... 18 Debt Financing Program ...... 20 Operating Expenses ...... 21 Departments ...... 26 Summary ...... 26 Offi ce of the General Manager ...... 28 Human Resources...... 30 Administrative Services ...... 32 Facilities Support Services ...... 34 Engineering ...... 36 Operations and Maintenance...... 38 Appendix Cash Flow Projection...... A-2 Capital Improvement Program Summary ...... A-4 Project Summary ...... A-5 Capital Improvement Expenditure Graphs ...... A-6 Summary of Capital Requirements ...... A-7 New Project Descriptions ...... A-13 Capital Equipment Budget Summary ...... A-16 Capital Equipment Budget Detail ...... A-18 Listing of Proposed Purchases Over $100,000...... A-19 Self-Funded Insurance Plans ...... A-20 Historical Staffi ng Summary ...... A-21 Historical Staffi ng Detail ...... A-22 Appropriations Limit ...... A-31 Miscellaneous Statistics ...... A-32 Wastewater Treatment Process OCSD SERVICE AREA Orange County Sanitation District Service Area and Treatment Plant Locations in Orange County, California OCSDOCSD Service Area (area enlarged) LA HABRA BREA ORANGE COUNTY YORBA California FULLERTON maps not to scale LINDA PLACENTIA BUENA LA PARK PALMA ANAHEIM CYPRESS VILLA PARK STANTON LOS ORANGE ALAMITOS GARDEN GROVE SEAL WESTMINSTER BEACH SANTA ANA TUSTIN FOUNTAIN VALLEY P1 HUNTINGTON John Wayne BEACH Airport IRVINE Pacific Ocean COSTA MESA P2 Emergency Outfall 1.5 mile long 6.5 foot diameter Service area boundary Offshore Pipeline NEWPORT 5 miles long BEACH 0241 Sewer pipelines 10-foot diameter Miles Reclamation Plant No. 1 (P1) DISCLAIMER: Map prepared by the Treatment Plant No. 2 (P2) Orange County Sanitation District. This map is intended for graphical representation only. Pump and lift stations No level of accuracy is claimed. Portions of this derived product contain Unincorporated Orange County (white areas) geographical information copyrighted by Rand McNally 2012. All Right Reserved. REVISED: 01/2013 i Return to Agenda Report OCSD BOARD OF DIRECTORS Agency/City Active Director Alternate Director Anaheim ...... Lucille Kring Jordan Brandman Brea ...... Brett Murdock Christine Marick Buena Park ...... Fred Smith Steve Berry Cypress ...... Prakash Narain Doug Bailey Fountain Valley ...... Steve Nagel Mark McCurdy Fullerton ...... Greg Sebourn Jan Flory Garden Grove ...... Steve Jones Kris Beard Huntington Beach ...... Joe Shaw Joe Carchio Irvine ...... Steven Choi Christina Shea La Habra ...... Tom Beamish Rose Espinoza La Palma ...... Peter Kim Gerard Goedhart Los Alamitos ...... Troy Edgar Richard Murphy Newport Beach ...... Keith Curry Rush Hill Orange ...... Teresa Smith Mark Murphy Placentia ...... Scott Nelson Constance Underhill Santa Ana ...... David Benavides Sal Tinajero Seal Beach...... Michael Levitt Gordon Shanks Stanton ...... David Shawver Carol Warren Tustin ...... John Nielsen Allan Bernstein Villa Park ...... Brad Reese Greg Mills Yorba Linda...... John Anderson Gene Hernandez Sanitary/Water Districts Costa Mesa Sanitary District ...... James M. Ferryman Robert Ooten Midway City Sanitary District ...... Tyler Diep Allan P. Krippner Irvine Ranch Water District ...... John Withers Douglas Reinhart County Areas Member of the Board of Supervisors ...... Janet Nguyen Shawn Nelson ii OCSD BOARD COMMITTEES Steering Committee GWR System Joint Cooperative Troy Edgar, Board Chair Steering Committee John Anderson, Board Vice-Chair Troy Edgar Brad Reese, Chair, Administration Committee James M. Ferryman John Withers, Vice-Chair, Administration Committee John Anderson Tom Beamish, Chair, Operations Committee John Nielsen, Vice-Chair, Operations Committee (A1) – Brett Murdock ===Vacancy, At-Large Member=== (A2) – Tom Beamish (A3) – Greg Sebourn Administration Committee Brad Reese, Chair (Villa Park) Audit Ad Hoc Committee John Withers, Vice Chair (IRWD) John Anderson, Board Vice-Chair (Yorba Linda) David Benavides (Santa Ana) John Nielsen (Tustin) Steven Choi (Irvine) Troy Edgar, Board Chair (Los Alamitos) Tyler Diep (MCSD) John Withers (IRWD) James M. Ferryman (CMSD) Peter Kim (La Palma) Prakash Narain (Cypress) Janet Nguyen (Board of Supervisors) Joe Shaw (Huntington Beach) Teresa Smith (Orange) Troy Edgar, Board Chair (Los Alamitos) John Anderson, Board Vice Chair (Yorba Linda) Operations Committee Tom Beamish, Chair (La Habra) John Nielsen, Vice Chair (Tustin) Keith Curry (Newport Beach) Steve Jones (Garden Grove) Lucille Kring (Anaheim) Michael Levitt (Seal Beach) Brett Murdock (Brea) Steve Nagel (Fountain Valley) Scott Nelson (Placentia) Greg Sebourn, (Fullerton) David Shawver (Stanton) Fred Smith (Buena Park) Troy Edgar, Board Chair (Los Alamitos) John Anderson, Board Vice Chair (Yorba Linda) iii Return to Agenda Report ORGANIZATION CHART Board of Directors General General General Management Manager Counsel Offi ce Administration General – Management Administration Facilities Human Administrative Operations Board Services Support Engineering – Resources Services & Maintenance – Public Affairs Services – Human Resources – Administrative Facilities – Engineering Operations & Administration Services – Support Services Administration – Maintenance Administration Administration Workforce Financial Planning – Planning – Management Equipment/ – (Includes Asset Plant No. 1 – Rebuild Management) – Operations Workforce Contracts, – Development – Purchasing & – Facilities – Project – Plant No. 2 Materials Engineering Management Offi ce Operations Management – Collections Engineering & Buildings, Grounds Information – Construction – & Mechanical – Technology Maintenance Environmental – Risk Management – Compliance Instrumentation – & Electrical Maintenance Environmental – Laboratory & Ocean Monitoring iv ADMINISTRATIVE OFFICIALS Management Team General Manager ...... James D. Herberg Assistant General Manager ...... Robert P. Ghirelli Director of Engineering ...... Nicolas Kanetis Director of Finance and Administrative Services ...... Lorenzo Tyner Director of Facilities Support Services ...... Nicholas J. Arhontes Director of Operations & Maintenance ...... Edward M. Torres Director of Human Resources ...... Jeffrey T. Reed General Counsel ...... Bradley R. Hogin v Return to Agenda Report MESSAGE FROM THE GENERAL MANAGER June 5, 2013 Honorable Chair and Board of Directors: I am pleased to submit this update to the Orange County Sanitation District (OCSD) 2013-14 approved operating budget and capital improvement program. This document provides a framework for District activities during the second year of the adopted two-year budget for Fiscal Years 2012-13 and 2013-14 and serves as a source of information for the District’s Board of Directors, and our employees and ratepayers. The Sanitation District processes more than 200 million gallons of wastewater each day from 2.5 million residents and businesses and has a budget of approximately $400 million ($150 million in operating, $150 million in capital, $100 million in debt service and other agency costs). This budget addresses rising treatment and chemical costs, aging infrastructure and increased regulatory requirements. As we are a large agency, we have many responsibilities. However, given the current economic environment faced by all government agencies, we continue our focus on containing costs while increasing our level of service. I would like to take this opportunity to highlight some of the activities that have been or will be completed during this two year budget period: Full Secondary Treatment In Fall 2012, the District completed a ten-year effort to upgrade the treatment facilities to full secondary treatment standards. The last two milestones of the Consent Decree were completed with the construction and commissioning of the Secondary Activated Sludge Facility 2 at Plant No. 1 completed ahead of the stipulated deadline. New Headworks at Plant No. 2 The new Headworks at Plant No. 2 was fully commissioned in 2012. This $258 million project replaces the head of the treatment works at Plant No. 2 where wastewater is lifted, screened, and degritted for nearly half of the 2.5 million residents served by OCSD. This critical piece of aging infrastructure was also relocated to avoid the Newport-Inglewood fault that underlies a portion of the Plant No. 2 site. SARI Line Relocation We are working with the County of Orange, Army Corps of Engineers, and SAWPA to complete the relocation of the Santa Ana River Interceptor (SARI) Line. The SARI line serves to remove waste salts from the Inland Empire area to protect the groundwater quality in that area. At several river crossings, the pipe was in danger of being exposed and potentially washed out during planned storm releases from the upgraded Prado Dam structures. Construction should be completed in Fall 2013. Ocean Outfall Repairs An aging and vulnerable section of the Ocean Outfall system was rehabilitated this Fall. A junction box located within Huntington State Beach Park was lined from within to eliminate the risks from corrosion by groundwater, effl uent, and ocean air. The $24 million project follows a series of smaller repairs over the past year. This project required the use of the stand-by outfall for 20 days during the repairs and required 24/7 construction, extensive ocean monitoring, and close coordination with cities, regulatory agencies and the public. vi 2013-14 BUDGET UPDATE Workforce Planning and Development Analysis of District leadership positions and core wastewater occupations indicates job replacement rates over the next three years of approximately 50% and 40%, respectively. District-wide workforce planning and development activities will continue to be designed to ensure the ongoing delivery of effi cient and effective levels of service to the ratepayers and to meet the District’s mission. Cost Containment Despite infl ationary increases on many external costs (chemicals, biosolids hauling, utilities) OCSD will continue its efforts to minimize the impact on rate-payers by aggressively negotiating our contracts, ensuring a competitive bidding environment, solid debt management and implementing effi ciencies wherever possible. These efforts are refl ected by the $5 million (3%) reduction in our operating budget. OCSD provides wastewater treatment, sewer and facilities maintenance, ocean monitoring and many other services with residential user fees averaging less than $30 per month, one of the lowest rates in the state while maintaining an outstanding level of service. I believe this budget update fully supports the goals included in the District’s Strategic Plan and positions us well to address the challenges ahead. I look forward to leading this organization through another dynamic and productive year. JamesJames DD. HHerbergerberg General Manager Orange County Sanitation District vii Return to Agenda Report 2013-14 BUDGET UPDATE Finance Summary 1 Return to Agenda Report FINANCIAL SUMMARY Overview & Budgetary Issues Budget Overview Personnel costs will rise due to increases in group insurance and retirement premiums, as well as, The District’s proposed FY 2013-14 operating and provisions of current bargaining agreements. The District capital improvement budget totals $399.0 million, or will continue to effectively manage these expenses with 7.2 percent below what was approved last year as approximately 24.6 percent of the budget allocated to the second year of the adopted two-year budget. employee costs. The decrease in the FY 2013-14 budget is primarily attributable to reductions in the capital improvement Level of Treatment budget due to the timing of construction cash outlays and reductions in various areas of the operating The agency’s two treatment plants, located in Fountain budget refl ecting lower cost increases than previously Valley and Huntington Beach, process about 206 anticipated. million gallons of wastewater each day generated by approximately 2.5 million people in central and northwest The budget continues to refl ect the agency’s ongoing Orange County. The proposed budget to operate, efforts to streamline operations. Staffi ng levels are maintain and manage our sewage collection, treatment proposed to be reduced by 1.75 full-time equivalent and disposal system in 2013-14 is $153.4 million. (FTE) positions or 0.3 percent below the level originally approved while operational service levels increase as The cost per million gallons of wastewater treated, (an secondary treatment facilities have come into service to industry-wide performance measurement), is expected to meet full secondary treatment standards. This increase in decrease in Fiscal Year 2013-14 to $1,993, a $59, or 2.9 effi ciency was achieved in part due to the major “Beyond percent decrease from the previous 2013-14 projection 2012” staffi ng reorganization that was begun in August of $2,052. The decrease in the cost per million gallons 2010. is due solely to lower projected operating costs, as total operating costs are being proposed at a reduction of The District’s Capital Improvement Program (CIP) budget $4.6 million, while fl ows are being projected the same at for Fiscal Year 2013-14 is $141.6 million. This CIP 75,920 million gallons, or 208 million gallons per day. budget fi nances collection system, joint works treatment and disposal system improvement projects. The $14.7 To eliminate most bacteria from being released from the million decrease from the originally proposed budget is ocean outfall, in Fiscal Year 2002-03 the District began attributable to the timing of construction cash outlays as using chlorine bleach to disinfect the effl uent and then we meet our infrastructure needs. applying sodium bisulfi te to remove remaining chlorine prior to releasing the treated wastewater to the ocean. Financing To protect the animal life living in the ocean, the District The District uses long-term borrowing (Certifi cates of continues to take great measures to limit the chlorine Participation [COP]) for capital improvements that cannot residual to essentially non-detectable levels. This mode be fi nanced from current revenue. Before any new debt of disinfection is anticipated to continue indefi nitely; is issued, the impact of debt service payments on total however, the District will investigate means to reduce or annual fi xed costs is analyzed. No new debt fi nancing eliminate the use of chlorine bleach. Beginning in Fiscal is currently being forecasted over the next ten years Year 2002-03, the addition of disinfection treatment to assist in the funding of the $2.1 billion in capital required an annual outlay for additional chemicals in the improvements required over this same time period. No operating budget. The cost for disinfection is projected to new money debt has been issued since FY 2010-11. As be approximately $0.5 million in Fiscal Year 2013-14. of July 1, 2013, the total outstanding COP indebtedness will be $1.4 billion. Capital Improvement Program (CIP) Staffi ng The total CIP cash fl ow outlay for Fiscal Year 2013-14 is Refl ecting the organization’s commitment to providing being proposed at $141.6 million, down $14.7 million service at the lowest costs, the budget includes a reduction from the previously approved 2013-14 budget due to the of 1.75 full-time equivalent (FTE) positions in 2013-14 to an timing of construction cash outlays. authorized staffi ng level of 626 FTE positions. 2 2013-14 BUDGET UPDATE Over the next 10 years, the District’s Capital Groundwater Replenishment Improvement Program will: (GWR) System • Rehabilitate the existing headworks, primary The OCSD Strategic Plan includes water reclamation. treatment, outfall pumping, solids handling facilities, With the Orange County Water District (OCWD), we and the utility systems at both treatment plants. began operating the Groundwater Replenishment (GWR) • Replace or rehabilitate eight of OCSD’s outlying System, the nation’s largest water reclamation project, in pumping stations, and rehabilitate and upgrade 29 January 2008. trunk sewer improvement projects. The GWR System currently reclaims 70 million gallons • Optimize the production of power and biosolids at of water a day, delaying the need to build a second each of the treatment plants. outfall which could cost more than $200 million. OCSD and OCWD equally shared the expenses of Phase I of Four Projects Drive the CIP the project. OCSD received approximately $44 million in Federal and State grants to offset part of the Sanitation Over the next 12 months, solids processing rehabilitation District’s total costs. and upgrade projects will continue to be a signifi cant component of the CIP. The Sludge Thickening Dewatering Phase II will increase the production of reclaimed water and Odor Control at Plant No. 1 and the Solids Thickening to 100 million gallons a day. The project, which will and Processing Upgrades at Plant No. 2 have expected be funded entirely by the OCWD, is anticipated to be outlays of $27.3 million and $12.9 million, respectively in completed in 2014. OCSD is directing all reclaimable 2013-14. fl ows to Plant No. 1 in support of providing maximum amounts of specifi cation water for reclamation. Two of the larger Collection System related projects in the 2013-14 proposed budget are the $13.8 million Sewer Service Fee Increases Dover Drive Trunk Sewer Relief with 2013-14 proposed cash outfl ows of $7.9 million and the $10.6 million The 2013-14 single family residential rate, the underlying Rehabilitation of Balboa Trunk Sewer with 2013-14 basis for all sewer rates, is $308. The District’s rates are proposed cash outfl ows of $5.9 million. expected to remain well below the projected statewide average. Together, these four projects represent 38 percent of the total Fiscal Year 2013-14 proposed CIP cash fl ow budget of $141.6 million. 3 Return to Agenda Report FINANCIAL SUMMARY Overview & Budgetary Issues Operating Budget Decrease Professional Services – $1.6M The operations budget for the collection, treatment, and This expense category includes legal services, disposal of wastewater is proposed at $153.4 million, a engineering services, advocacy efforts, audit, software $4.6 million, or 2.9 percent decrease from the previously programing, and labor and hygiene services. The majority approved 2013-14 budget. of the overall increase is related to increased legal services of $800,000 as a result of increase costs for Although individual expenses will increase or decrease arbitration, contracts and employee relations. slightly, the overall decrease to the operating budget is primarily attributable to fi ve specifi c areas: Operating Expenses Personnel Costs – $1.7M + % 3 –3% $158.0M Although staffi ng is being proposed at 626.00 full time $153.7M $153.4M equivalent (FTE) positions, 1.75 FTE below the previously approved 627.75 FTEs for 2013-14, costs of salaries and wages will remain level due to existing bargaining agreements. The increase in personnel costs is primarily due to the $2.1 million increase in retirement premiums (10 percent). This increase refl ects revised actuarial assumptions and low interest earnings in prior years. The increases in retirement premiums refl ect the rising costs occurring throughout California. Operating Materials FY 12-13 FY 13-14 FY 12-13 & Supplies – ($2.1M) Approved Approved Updated Total budgeted operating and maintenance expenses As the requirement for better quality effl uent increases, will decrease $0.3 million from FY 2012-13. so does the need for chemicals to treat the region’s wastewater. Operating materials and supplies are proposed to decrease, however, primarily because combined increases in chemical coagulants, odor control, and disinfection are expected to be lower than originally anticipated. Contractual Services – ($4.7M) The major component of this category is biosolids removal and transportation costs. These costs continue to rise however, cost increases in this area were less than previously anticipated. Utilities – ($1.0M) There are reductions identifi ed in natural gas utilization because Plant 2 Central Generation Operations automation controls have been successful in reducing natural gas usage. There is also a decrease in electricity costs related to a lower projected energy rate increase. 4 2013-14 BUDGET UPDATE 5 Return to Agenda Report FINANCIAL SUMMARY Revenues by Category Where the Money Comes From Intradistrict Transfers $2.2M 0.5% Property Taxes $73.7M Other 17.6% $3.7M 0.9% Interest $16.4M 3.9% Fees & Charges $322.7M 77.1% Funding Sources by Category (in millions) 2013-14 2012-13 2013-14 Updated Category Approved Approved Proposed Service Fees 285.7 301.8 301.6 Permit User Fees 10.5 10.9 11.3 Capital Facilities Capacity Charges 7.7 7.8 9.8 Property Taxes 64.0 64.0 73.7 Intradistrict Transfers 4.2 0.0 2.2 Interest 12.1 14.8 16.4 Other Revenue 3.3 3.2 3.7 Debt Proceeds 0.0 0.0 0.0 Total Funding Sources $387.5 $402.5 $418.7 6 FINANCIAL SUMMARY Where the Money Comes From Funding Sources by Category District’s system, or an existing structure is expanded. This charge pays for District facilities in existence at the The District has a variety of revenue sources available time the charge is imposed, or to pay for the construction for operating and capital expenses. The major revenue of new facilities in the future that are of benefi t to the sources are as follows: property being charged. • Beginning Balances • Service Fees Property Taxes – $73.7M • Industrial Waste Permit User Fees The County is permitted by State law (Proposition 13) to • Connection Fees levy taxes at 1 percent of full market value (at time of • Property Taxes purchase) and can increase the assessed value no more • Interest Earnings than 2 percent per year. The District receives a share of • Other Miscellaneous Revenue the basic levy proportionate to what was received in the • Debt Proceeds 1976 to 1978 period less $3.5 million, the amount that represents the State’s permanent annual diversion from Beginning Reserves – $653.2M special districts to school districts that began in 1992- As a result of its Reserve and Investment Policies, the 93. A 15.2 percent increase is being proposed due to the District will begin the year with a balance carried forward reallocation of property tax revenues from redevelopment from the previous year. agencies to other local governments. The District’s share of this revenue is dedicated for the payment of General Service Fees – $301.6M debt service. User fees are ongoing fees for service paid by customers Intradistrict Transfers – $2.2M connected to the sewer system. A property owner, or user, does not pay user fees until connected to the sewer In accordance with Amendment No. 2 to the Agreement system and receiving services. Once connected, a user is for Purchase and Sale of Capacity Rights in Treatment, responsible for his share of the system’s costs, both fi xed Disposal and Sewer Facilities between Irvine Ranch and variable, in proportion to his demand on the system. Water District and Orange County Sanitation District These fees are for both Single Family Residences (SFR) dated November 15, 1995, ownership is adjusted and Multiple Family Residences (MFR). annually to refl ect the current equity percentage ownership based on sewage fl ows. The 2013-14 single family residential rate, the underlying basis for all sewer rates, is $308. The District’s rates are Interest Earnings – $16.4M expected to remain well below the projected statewide average. Interest earnings are generated from the investment of accumulated reserves consisting of a cash fl ow/ Permit User Fees – $11.3M contingency, a capital improvement, a renewal/ replacement, and a self-insurance reserve. Large industrial and commercial properties that discharge high volumes or high strength wastewater are Other Revenue – $3.7M required to obtain a discharge permit and pay extra fees. These fees are for the owner’s share of the system’s Other revenue includes miscellaneous revenues of costs, both fi xed and variable, in proportion to the $2.3 million and self-insurance fund in-lieu premiums of demand placed on the system. $1.4 million. These fees are being increased slightly from the original Debt Proceeds – $0M FY 2013-11 budget of $10.9 million to $11.3 million due to recent improvements in the economy. Certifi cates of Participation (COPs) are the District’s primary mechanism for fi nancing capital projects. Capital Facilities Capacity Charges COPs are repayment obligations based on a lease or (CFCC) – $9.8M installment sale agreement. In 2013-14, the District does not anticipate any new money COP debt issues to assist CFCC is a one-time, non-discriminatory charge imposed at with the fi nancing of the $141.6 million in capital outlays the time a building or structure is newly connected to the scheduled for this fi scal year. 7 Return to Agenda Report FINANCIAL SUMMARY Where the Money Goes Where the Money Goes CIP Operating $141.6M $153.4M 35.5% 38.4% Debt $98.5M 24.7% Intradistrict Transfers Repl., Rehab. $2.2M & Refurb. 0.6% $3.3M 0.8% Funding Uses by Category (in millions) 2013-14 2012-13 2013-14 Updated Category Proposed Approved Proposed Capital Improvement Program $133.9 $156.3 $141.6 Replacement, Rehabilitation & Refurbishment 3.4 18.1 3.3 Debt Service 82.6 97.6 98.5 Operating Expenses 153.7 158.0 153.4 Intradistrict Transfers 4.2 0.0 2.2 Total Funding Uses $377.8 $430.0 $399.0 8 FINANCIAL SUMMARY Funding Uses by Category The District budgets its funds in six distinct areas: Debt Service – $98.5M Capital Improvement This is the cost of issuing debt. Long-term debt fi nancing Program (CIP) – $141.6M allows the District to complete large multi-year capital projects by providing funds not always immediately available. In order to provide the appropriate level of service to the District’s rate payers, large capital improvements Operating Expenses – $153.4M are required. The CIP provides for the management and implementation of these improvements. Although the The proposed budget allocates resources to operate, FY 2013-14 capital improvement outlay is being maintain and manage our sewage collection, proposed to increase 5.8 percent over the FY 2012-13 treatment and disposal system and for any associated proposed amount, it is a 9.4 percent decrease from administrative or technical requirements. the previously approved amount for FY 2013-14. This decrease is a result of the annual CIP validation and the Intradistrict Transfers – $2.2M deferral of rehabilitation projects into the future. In accordance with Amendment No. 2 to the Agreement for Purchase and Sale of Capacity Rights in Treatment, Replacement, Rehabilitation, Disposal and Sewer Facilities between Irvine Ranch & Refurbishment – $3.3M Water District and Orange County Sanitation District dated November 15, 1995, ownership is adjusted Based on its Asset Management Plan, the District annually to refl ect the current equity percentage anticipates the replacement, rehabilitation, or ownership based on sewage fl ows. refurbishment (RRR) of existing capital facilities. The Asset Management Plan indicates that specifi c facilities Ending Reserves – $672.9M are in need of RRR that have not yet been specifi cally identifi ed or where a detailed job plan has yet to have The District budgets for reserves for various potential been prepared. needs including cash fl ow, operating contingencies, capital improvement, and replacement and catastrophic loss. The reserve levels are governed by District policy. 9 Return to Agenda Report STRATEGIC PLANNING Introduction Teamwork and Problem Solving We strive to reach OCSD goals through cooperative Driven by the mission, vision and core values of the efforts and collaboration with each other and our Strategic Plan, OCSD continues aggressive efforts to constituencies. We work to solve problems in a creative, meet the sanitation, health, and safety needs of the more cost-effective and safe manner, and we acknowledge than 2.5 million people we serve while protecting the team and individual efforts. environment where we live. Leadership and Commitment Mission Statement We lead by example, acknowledging the value of our resources and using them wisely and safely to achieve The Mission Statement is the basic foundation that our objectives and goals. We are committed to act in the defi nes why we exist. best interest of our employees, our organization, and our community. “We protect public health and the environment by providing effective wastewater collection, treatment, Learning/Teaching – Talents, Skills and Abilities and recycling.” We continuously develop ourselves, enhancing our talents, skills, and abilities, knowing that only through Vision Statement personal growth and development will we continue to progress as an agency and as individuals. Our Vision Statement supports the Mission Statement by expressing a broad philosophy of what the Orange Recognition/Rewards County Sanitation District strives to achieve now and in We seek to recognize, acknowledge and reward the future in the delivery of services to our customers, contributions to OCSD by our many talented employees. vendors, other agencies, the general public, and each other. Operating Philosophy • Making decisions in an open and honest way The Orange County Sanitation District is a public agency to produce optimum fi nancial, environmental that is successful by working as a team and by leveraging and societal results. our efforts with other public agencies. We think like a business and act in the public interest, all the while • Cooperating with other stakeholders to protect the emphasizing the ABC’s of our operating philosophy: ocean and regional water resources for the people we serve. Accountability • Benefi cially recycling wastewater, biosolids We maintain accountability for our commitments and and other resources using safe and effective for our behavior. We use measurable short-term and processes and systems. long-term goals. We use methods that regularly check our collective and individual progress in achieving • Developing the best possible workforce by our commitments. We measure and expect honest, providing employees with opportunities to advance respectful, open and constructive behavior in ourselves their careers through enhanced growth, and from the people with whom we work. responsibility, and professional development. Balance Core Values We achieve balance in what we do. Work matches our capacity to perform it. We look for economies Our Core Values support the Mission and Vision of operation without sacrifi cing quality or causing Statements by expressing the values, beliefs, and unreasonable risk. We consistently perform our core philosophy that guides our daily actions. They help form work and meet our basic wastewater management the framework of our organization and reinforce our responsibilities while being willing to take on new professional work ethic. initiatives that improve environmental quality or service Honesty, Trust and Respect in the community we serve. We aspire to the highest degree of integrity, honesty, trust, and respect in our interaction with each other, our suppliers, our customers, and our community. Communication 10 2013-14 BUDGET UPDATE We promote timely and accurate communication with OCSD Long-Term Planning the many different people who make up our community of interest. Staff and management communicate freely, Long-Term Strategic Goals should be acceptable, fl exible, openly and honestly to solve problems and to achieve measurable, motivating, suitable, understandable, constructive change. and achievable. The Long-Term Goals are the results the District seeks to achieve over a specifi ed period, We provide our Board of Directors with accurate and usually three to fi ve years. The Strategic Plan contains timely information about matters that impact their policy several long-term concerns requiring short and long-term making and affect the wider interests of Orange County. strategic planning. We provide opportunities for the public, the media and Several new goals were initiated from the most recent our staff to become informed about our activities and to update in November 2012 and include the following: provide input during our deliberations. • Review of OCSD’s 2006 Biosolids Recycling Policy Risk Register • Odor Control Update and Action Plan Many leading organizations are formally applying risk • Business Continuity Planning management processes to identify and mange risks • Chemical Sustainability across many aspects of their business. The formalization of risk management processes is a logical step towards • Workforce Planning and Development increased accountability and transparency placed on the Other interrelated, long-term goals will remain as the Board and District management. District completed the construction of facilities required Risk assessment and mitigation includes the following to reach full secondary treatment at the end of 2012. steps: Due to the completion of secondary treatment facilities, more biosolids will be produced. New centrifuge/solids • Identify and assess strategic and organization-wide processing projects should improve dewatering and risks facing the District and to develop a high level decrease the wet tons of biosolids hauled. risk register; • Identify mitigation measures that the District Currently, the land reuse options are scarce and other currently has in place; new technologies that the District is planning will become the more available, more expensive, biosolids • Propose additional mitigation measures that the management options. District considers appropriate to manage; and • Develop an action plan of responsibilities and The biosolids long-term goal will continue until a viable, timeframes for follow-up. cost-effi cient, and effective method of reuse is available. The Risk Register is a compilation of the various risks facing the Orange County Sanitation District, as seen and described annually by District managers and senior management. Business Risk is defi ned as a threat that an event, action or inaction, will adversely affect the District’s ability to achieve its business objectives and execute its strategies successfully. The District fi rst created the Risk Register in 2006 and subsequently updated it in 2008, 2009, and 2012. The top risks identifi ed within the Risk Register Update in 2013 included 1) a seismic event damages infrastructure; 2) interruption of chemical supplies in the event of a disaster; and 3) electrical failures or fi res (including those resulting from a disaster) interrupting power. Managers and executive management continue to review these issues and various ways to address those that might impact OCSD. 11 Return to Agenda Report STRATEGIC PLANNING Strategic Goals & Levels of Service 5. Climate Change/Environmental Footprint Initiative— Develop an overall strategy for responding to climate On the following pages are the strategic goals and levels change regulations and proactively adapting to the of service for the next fi ve years. New goals for this report effects of climate change including identifi cation are noted and all goals include a projected completion and mitigation of greenhouse gases and adapting to time. The levels of service standards are measures of any impacts to our facilities and operations. service that are seen by our customers as high priorities. Completed FY 08-09 Goals and levels of service are divided into four areas: a. Develop models to estimate greenhouse gas • Environmental Stewardship—OCSD participates and traditional pollutant emissions for collaboratively in the protection of regional water determination of our environmental footprint. resources for the benefi t of the people we serve. (Functional predictive greenhouse gas model • Business Principles—OCSD makes every decision completed.) Completed in FY 10-11 based on short and long-term environmental, 6. Reclaiming Santa Ana River Interceptor Line societal, and fi nancial impacts (the triple bottom line). (SARI) Flows—Meet with stakeholders, develop a list • Wastewater Management—OCSD benefi cially reuses of obstacles that need to be overcome to reclaim and recycles water and other resources using safe the SARI Line and develop a strategy to obtain and effective wastewater systems. regulatory approval of reclaiming SARI Line fl ows. • Workplace Environment—OCSD provides an This goal was canceled in FY 08-09 due to inability environment of partnership, growth, opportunity, to obtain regulatory approval. responsibility and accountability. Business Principles Goals Completed Since Adoption of the 1. Sewer Rate for Green Development—Submit for 2007 Five-Year Plan Board approval an amendment to sewer rate ordinance with incentives for green developments. Completed FY 07-08 Environmental Stewardship 2. Complete Facilities Master Plan Update—Complete 1 Contaminants of Potential Concern (CPC)—Complete a comprehensive update of the Facilities Master three phase testing and analysis of 550+ CPC, prepare Plan and obtain Board approval. Completed FY 07-08 report on fi ndings and recommendations, develop initial source control strategy if there are CPCs identifi ed 3. Enterprise Information Technology Strategic Plan— that require control. Completed FY 07-08 Complete a District-wide Information Technology Strategic Plan. Completed FY 09-10 2 Management System for Environmental Compliance—Implement a management control 4. Updating OCSD’s Risk Register—Review and update system for environmental compliance information OCSD’s risk register to include an assessment of that incorporates a dashboard-style report. technical, regulatory, fi nancial, and political risks Completed FY 07-08 (among others) and possible mitigation strategies. Completed FY 07-08 3. Engine Emission Compliance—Complete study to evaluate alternatives for complying with lower 5. Annex Unincorporated Areas—With Board emission limits in the South Coast Air Quality concurrence, annex unincorporated areas into Management’s Rule 1110.2. Initiate planning and OCSD’s service area. Completed FY 07-08 design of demonstration testing of the most 6. Review Interagency Agreements—Conduct a promising technology(s) identifi ed in the study. comprehensive review of agreements with the Completed FY 07-08 Santa Ana Watershed Project Authority and Irvine 4. Fuel Cell Evaluation—Start up 300 kW demonstration Ranch Water District, and, if appropriate, reopen for unit. Completed FY10-11 discussion. Completed FY 09-10 a. Evaluate cost feasibility of replacing or 7. Strategic Business Plan—With Board concurrence, supplementing CGS engines with fuel cells. annually update and implement the Strategic Plan Completed FY 10-11 and Business Plan. Completed FY 10-11 12 2013-14 BUDGET UPDATE 8. Business Accountability Charters—Create Business 2. Improve the Sanitation District Security—Provide Accountability Charters for each department, long-term security enhancements at both treatment consistent with those developed by managers and plants and within OCSD’s Collections System. supervisors. Completed FY 10-11 Completed FY 07-08 9. Chemical Supplies—Develop a Chemical 3. Safety and Health Strategic Plan—Develop and Sustainability Plan that provides OCSD with options implement a Safety and Health Strategic Plan for all for obtaining wastewater treatment chemicals during OCSD activities. Completed FY 08-09 chemical shortages, emergencies or complete 4. Human Resources Strategic Plan—Design, develop stoppages. Completed FY 10-11 and implement human resources policies, practices, 10. Full-Cost Recovery 2010-11—Conduct a systems and tools to ensure OCSD has a workforce comprehensive review of the Sanitation District’s that meets future needs of OCSD and the public it Urban Runoff Program to ensure a fair share serves. Completed FY 08-09 recovery of costs for services. Completed in FY 10-11 5. Succession Plan—Implement the Succession 11. Full-Cost Recovery 2012-13—Implement a direct Management Plan including management training charging mechanism to recover the full cost of urban and the creation of a Leadership Academy. runoff treatment starting July 1, 2013 when the new Completed FY 08-09 rate structure is in place. Completed in FY 12-13 6. North County Yard—Open the North County Wastewater Management Maintenance Yard and complete the relocation of selected staff and equipment to the facility. 1. Groundwater Replenishment System—Maximize the Implement fl ex space for added agency-wide needs production of GWR System product water to augment as appropriate. This goal was canceled in FY 10-11 and protect the Orange County groundwater basin and the facility is leased. with a goal of 70 mgd. Completed FY 08-09 2. Sustainable Biosolids Program—Complete new Environmental Stewardship Goals in-county Compost Take-Back Program Plan strategy. OCSD participates collaboratively in the protection of Completed FY 07-08 regional water resources for the benefi t of the people we a. Evaluate the feasibility of deep injection/ serve. methane recovery including commissioning a 1. Santa Ana River Interceptor Line Relocation—Work study of the geological formations below Plants in conjunction with the County of Orange and the 1 and 2, and availability and acceptability of any Federal Government to relocate the Santa Ana River existing wells. Completed FY 08-09 Interceptor Line by June 2013. b. Evaluate option of processing some biosolids at Targeted for completion in FY 12-13 the City of Los Angeles Terminal Island 2. Engine Emission Compliance—Implement capital demonstration well. Completed FY 08-09 improvements or operational modifi cations in order 3. Implement Energy Master Plan—After the completion to achieve compliance. of the plan, assess fi nal recommendations to ensure Targeted for completion in FY 13-14 adequate power resources and energy management. 3. Fuel Cell Evaluation—Evaluate performance and fuel Completed FY 09-10 clean up effectiveness. 4. Disinfection of Final Effl uent—Develop a cost Targeted for completion in FY 12-13 effective program to sustain protection of public health associated with bacteria in the effl uent and incorporate program elements into our NPDES Permit. Completed in FY 10-11 Workplace Environment 1. Space Planning Study Recommendations—Complete relocation of staff housed in Information Technology Trailers to the Administration Building, Control Center and Building 6. Completed FY 07-08 13 Return to Agenda Report STRATEGIC PLANNING Environmental Stewardship Levels of Service OCSD will protect public health and the environment FY 11-12 Results Level of Service Target Accept dry weather urban runoff diversion fl ows without imposing fees. 1.8 mgd Up to 4 mgd Maximum off-site odor impact 42 D/T 14 D/T • Reclamation Plant No. 1 • Treatment Plant No. 2 48 D/T 17 D/T (Target dates will be established as part of the Odor Control Master Plan update scheduled for 12/2014.) Air emissions health risk to community and employees, 9 < 10 per one million people (for each treatment plant) No Notices of Violation (NOVs) with air, land, and water permits 2 0 OCSD will be a good neighbor FY 11-12 Results Level of Service Target Odor complaint response: 100% 100% • Treatment Plants within 1 hour • Collection System within 1 working day 100% 100% Number of odor complaints: 10* • Reclamation Plant No. 1 • Treatment Plant No. 2 4 0* • Collection System 12 34 * New target “under normal operating conditions” Respond to collection system spills within 1 hour 100% 100% Business Principles Goals OCSD makes every decision based on short and long-term environmental, societal, and fi nancial impacts (the triple bottom line). 1. Local Sewer Transfers—Complete the transfer of local sewers to member agencies and cities, focusing on completion of the Tustin transfer. Targeted for completion in FY 12-13 2. Five-Year Rate Plan—Prepare an updated 5-year rate schedule for Board consideration to go into effect July 1, 2013. Targeted for completion in FY 12-13 3. Chemical Sustainability (new)—Ensure a reliable and sustainable chemical supply using multiple vendor contracts to reduce the risk of supply disruption while benefi ting from competitive pricing. Targeted for completion in FY 12-13 4. Business Continuity Planning (new)—Develop a Business Continuity Plan (BCP) that will defi ne how OCSD will continue its everyday business functions after an event that interrupts normal operations for an extended period of time. Targeted for completion in FY 12-13 14 2013-14 BUDGET UPDATE Business Principles Levels of Service OCSD will exercise sound fi nancial management FY 11-12 Results Level of Service Target COP service principal and interest Annual User Fees Suffi cient Suffi cient to cover O&M Actual collection, treatment, and disposal costs per million 8.7% <10% of budget gallons in comparison with the budget under budget Annual variance from adopted reserve policy 0.1492 >Budgeted Reserves Maintain AAA Bond Rating 100% 100% OCSD will be responsive to our customers FY 11-12 Results Level of Service Target Respond to public complaints or inquiries regarding 100% 100% construction projects within one working day New connection permits processed within one working day 100% >90% Wastewater Management Goals OCSD benefi cially reuses and recycles water and other resources using safe and effective wastewater systems. 1. Sustainable Biosolids Program a. Conduct research to reduce the amount of biosolids produced and increase digester gas production. Targeted for completion in FY 12-13 b. (new) Assess and revise the 2006 Biosolids Board Resolution (Policy) to refl ect recent developments, experiences, and circumstances concerning biosolids management. Targeted for completion in FY 12-13 2. Odor Control Update and Action Plan (modifi ed)—Assess the performance of current odor control systems, validate the appropriate LOS, align future odor control improvements with asset management objectives, and update our Capital Improvement Program for odor control to meet our LOS goals. Targeted for completion in FY 13-14 3. Ocean Protection—Undertake studies to determine the cause of benthic community changes near the ocean outfall and take corrective action to return affected areas to reference conditions. Completed (Board presentation in FY 2013-14) 15 Return to Agenda Report STRATEGIC PLANNING Wastewater Management Levels of Service OCSD will provide a safe reliable effl uent for recycling FY 11-12 Results Level of Service Target Concentration of emerging chemical constituents 11.0 NDMA < 150 ppt of concern in Plant No. 1 secondary effl uent 11.24 4-Dioxane <10 ppb Meet GWRS specifi cation requirements for Plant 1 3.0 5 NTU secondary effl uent Thirty-day geometric mean of total coliform bacteria 352.5 < 1,000 mpn in effl uent after initial dilution of 250:1 Compliance with core industrial pretreatment requirements 100% 100% BOD 12 mg/L CBOD 25 mg/L Meet secondary treatment standards TSS 8.9 mg/L TSS 30 mg/L OCSD will manage fl ows reliably FY 11-12 Results Level of Service Target 0 per year during Frequency of unplanned use of emergency one-mile 0 dry weather (78-inch diameter) outfall less than once per 3 years in peak wet weather Sanitary sewer spills per 100 miles 0.23 < 2.1 Contain sanitary sewer spills within 5 hours 100% 100% OCSD effl uent will be recycled FY 11-12 Results Level of Service Target Provide up to 104 mgd specifi cation effl uent to the 89 mgd 104 mgd Groundwater Replenishment System OCSD will implement a sustainable biosolids management program FY 11-12 Results Level of Service Target 5 year National Biosolids Partnership Certifi cation for recertifi cation Maintain certifi cation Biosolids Management Program July 2008 Biosolids recycled 0 tons to landfi ll ≤100 tons per day (New Target Level of Service through 2017) 100% recycled to landfi ll Respond to all biosolids contractor violations 100% 100% within a week of violation notice 16 2013-14 BUDGET UPDATE Workplace Environment Goals OCSD provides an environment of partnership, growth, opportunity, responsibility and accountability. 1. Workforce Planning and Workforce Development (Updated)—Design and implement comprehensive workforce planning and development activities to improve workforce capability, adaptability, effi ciency, and accountability. Ongoing plan for preparing employees for the future. Workplace Environment Levels of Service OCSD will take care of its people FY 11-12 Results Level of Service Target Training hours per employee 40 45 per year Employee injury incident rate—accidents per 100 employees 4.3 Industry average 4.6 Meet mandatory OSHA training requirements 91% >95% Hours worked since last lost work day 140,000 1,000,000 Achieve annual agency target of days away from work, days of restricted work activity, or job transferred as a result of a work- 3.0 2.5 related injury or illness 17 Return to Agenda Report CAPITAL IMPROVEMENT PROGRAM CIP Budget Request Summary Following is a chart for the 2013-14 Proposed CIP Cash Flows and the total Project Costs for all proposed This is an update to the Fiscal Year 2012-14 two-year projects, by project phase, in millions: budget. In preparation for the 2013-14 update, the District’s Board of Directors reviewed the proposed Total changes to the CIP to gain an understanding of the 2013-14 Project impact of the CIP to the current rate structure program. Current Status Cash Flow Costs Future $0.0 $1,022.7 Implementation of secondary treatment standards was Planning 12.1 166.7 completed in December 2012. With the completion Design 30.7 270.6 of this important milestone, the District is focusing Construction 97.1 1,186.3 its efforts on the continued refi nement of its asset Capital Equipment 1.7 16.0 management based engineering planning process. This Total $141.6 $2,662.3 process has been used to propose project modifi cations to more effi ciently package projects for execution. As an example, four individual digester gas handling projects are proposed to be combined into a single coordinated project. District staff is also working to carefully identify all the necessary scope of work items in the planning phase of projects to avoid future change orders and other project risks. Several projects budgets have been increased to account for newly discovered issues. One new project is proposed for addition to the Fiscal Year 2013-2014 budget to upgrade the communication infrastructure associated with the District’s process control computer systems. This budget update also includes the identifi cation of two new study projects. These study projects are based on the District’s condition assessment program and asset management planning. These CIP studies increase the amount of the CIP by $0.8 million. However, these projects will be funded from the future rehabilitation, renewal, and replacement line item in OCSD’s existing budget and will not impact OCSD user rates. In addition, District staff has reviewed each ongoing CIP project to ensure that the scope of the project is appropriate, and that the cost estimates are accurate. The validated CIP includes 87 large capital projects and 50 special projects with a 20-year expenditure of $1.792 billion. This total represents a $15 million increase from the 2012-14 CIP estimate. The proposed 2013-14 CIP budget is organized by treatment and collection system processes and areas. The funds requested for the current cash fl ow budget total $141.6 million, an increase of 6 percent from last year’s cash fl ow request of $133.9 million. The current year cash fl ow is part of an overall total cost of $2.662 billion for active projects. 18 2013-14 BUDGET UPDATE There are currently 33 projects in the Planning Phase are the Sludge Thickening Dewatering and Odor Control with proposed capital outlay spending in 2013-14. at Plant No. 1 and the Solids Thickening and Processing Two of the larger 2013-14 cash fl ow projects in Upgrades at Plant No. 2 with projected current year the Planning Phase are the SARI Rock Stabilizers expenditures of $27.3 million and $12.9 million, Removal and the Research Program with current respectively. year projected expenditures of $1.4 million and $1.3 Standard contingency factors have been applied to million, respectively. A total of $166.7 million in capital improve budgeting. The rates of 20, 20, and 10 percent outlay, currently listed within the Planning Phase, is have been applied respectively to the estimates made being projected for future budgets based on the capital during the project development, design, and construction improvement needs that are identifi ed through the 2009 project phases. This refl ects standard practice for Facilities Master Plan and the CIP Validation Studies. estimating construction project costs. There are currently 18 projects in the Design Phase Following within the appendix are descriptions and with proposed capital outlay spending in 2013-14. justifi cations for the capital improvement projects which Two of the larger projects in the Design Phase are the are new projects proposed for this Fiscal Year 2013-14 Rehabilitation of Balboa Trunk Sewer and the Gisler - Red budget update. They give the reader a brief overview of Hill Trunk Improvements - Reach B with projected current each project, the budget for the total project, and any year expenditures of $2.7 million and $1.3 million, potential changes in the operational budget resulting respectively. from the implementation of the project. For a description There are currently 38 projects in the construction phase of ongoing projects, see Section 8 of the Fiscal Years with proposed capital outlay spending in 2013-14. The 2012-13 and 2013-14 Budget. two most signifi cant projects in the construction phase 19 Return to Agenda Report DEBT FINANCING PROGRAM Debt Financing This apportionment of the ad valorem tax was consistent with and pursuant to the Revenue Program Due to the magnitude of identifi ed future annual capital adopted in April 1979 to comply with regulations of the and operations and maintenance expenditures, it is Environmental Protection Agency and the State Water necessary that the District utilize debt fi nancing to meet Resources Control Board and in accordance with COP its total obligations. Debt fi nancing allows the District to documents and Board policy. meet projected construction schedules while achieving the lowest possible user fees, as well as long-term The District Maintains stability in future sewer service fee rates. Its AAA Rating Certifi cate of Participation (COP) The District’s bond rating is “AAA” from both Standard & The primary debt mechanism used is Certifi cate of Poors and Fitch Ratings. An “AAA” Rating is the highest Participation (COP). COPs are repayment obligations for a government agency. In order to maintain this rating, based on a lease or installment sale agreement. The COP the District adheres to its 2001 Debt Policy and coverage structure was selected over other structures because ratios requirements. This Board-adopted policy serves as COPs are not viewed as debt by the State of California, the agency’s guide in the management of existing debt as the purchaser does not actually receive a “bond,” but and in the issuance of future debt. rather a share in an installment sale arrangement where Debt Ratios the District serves as the purchaser. COPs can be issued with fi xed or variable interest rates. The District does have contractual covenants within the existing COP agreements which require minimum As of July 1, 2013, the total outstanding COP coverage ratios of 1.25. The minimum coverage ratio is indebtedness will be $1.4 billion. the ratio of net annual revenues available for debt service Build America Bonds Financings requirements to total annual debt service requirements for all senior lien COP debt. The coverage ratio for senior The District issued the $80.0 million Wastewater lien COP debt is being proposed at 2.62 for Fiscal Year Revenue Obligation, Series 2010A in May 2010 and 2013-14. the $157.0 million Wastewater Revenue Obligations, Series 2010C in November 2010 as “Build America Future Financings Bonds” (BABs) fi xed rate debt. In Fiscal Year 2013-14, no new COP debt issuances are The American Recovery and Reinvestment Act of 2009 being proposed. The proposed CIP budgeted cash outlays created a new fi nancing product, BABs, for the municipal of $141.6 million in this fi scal year would be funded from issuer. BABs are issued as higher interest taxable bonds; reserves and other revenue sources. 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, specifi cally in the maturity years beyond ten years. The 35 percent subsidy is available for certain debt issuances prior to January 1, 2011. Dedicated Funding Source In 1992 and 2004 the Board of Directors formalized the dedication of certain funding sources. To assure the continuation of favorable credit ratings, revenues were dedicated to debt service in the following order: 1. Ad valorem property taxes 2. Sanitary sewer service charges 3. Other revenues 20 OPERATING EXPENSES Summary of Operating & Maintenance Expenses 2013-14 2012-13 2013-14 Updated Category Approved Approved Proposed Salaries and Benefi ts $94.3 $96.3 $98.0 Operating Materials & Supplies 19.3 19.8 17.7 Contractual Expenses 26.1 27.9 23.2 Repairs and Maintenance 11.2 11.9 11.8 Utilities 8.2 8.8 7.8 Professional Services 3.1 2.4 4.0 Other Materials, Supplies, Services 3.1 3.2 3.2 Self-Insurance Requirements 2.1 2.2 2.2 Training and Meetings 1.4 1.2 1.1 Research and Monitoring 0.8 0.9 0.8 Administrative Expenses 1.4 1.2 1.3 Printing and Publications 0.5 0.4 0.5 Capital Grants to Member Agencies 0.0 0.0 0.0 Cost Allocation (17.8) (18.2) (18.2) Total Operating Expenses $153.7 $158.0 $153.4 Salaries, Wages & Benefi ts – $98.0M Operating Materials & Salaries & Wages – This category includes salaries for Supplies – $17.7M 626 full time equivalent (FTE) staff positions as well as Disinfection Chemicals – The largest cost related to Directors’ pay. The vacancy factor applied for the budget disinfection is for chemicals, specifi cally bleach. update was 3 percent based on trend information. Provision has been made in these salary projections Sodium Hypochlorite (Bleach) – Approximately 51% of in order to comply with the terms of the most recently the process bleach is used for effl uent disinfection. The adopted MOUs. other treatment plant bleach usage is for disinfection of plant water and the control of fi lamentous organisms in Retirement – The District’s employees are members activated sludge in the secondary treatment process. of the Orange County Employees’ Retirement System (OCERS). The employer’s required contribution rate has Effl uent disinfection bleach use has decreased by been increased from 27.47 percent (Plans G & H) and over 70% after the new secondary facilities became from 26.69 percent (Plan B) to 31.95 percent and 30.77 operational. The decrease occurred because there is percent, respectively, in 2013-14. no longer primary bleach dosing at Plant 2 and because there are less solids in the fi nal effl uent. It is anticipated Group Insurance – Includes the District’s share that the District will use approximately 835,000 gallons (approximately $15,800 per employee) of employee of process bleach in FY 2013-14 at a budgeted amount medical plan benefi ts for the indemnity plan, prepaid of $421,000. HMO plans, the dental insurance plan, and the life and disability insurance premiums. The proposed budget includes a 11 percent increase for the medical plans. 21 Return to Agenda Report OPERATING EXPENSES Chemical Coagulants – Anionic polymer is added to Contractual Services – $23.2M the infl uent wastewater along with ferric chloride via the physical/chemical treatment systems at both plants to The major component of this category is biosolids removal improve solids removal effi ciencies in the primary clarifi er and transport costs. Contracts have been executed basins. Cationic polymer is added to digested sludge with fi rms for agricultural reuse of residual solids. Total prior to dewatering to cause the sludge to coagulate estimated biosolids production for Fiscal Year 2013-14 is to improve the sludge and water separation process. 276,000 wet tons. The proposed 2013-14 budget refl ects Cationic polymer is also added to the waste activated a decrease of $3.4 million primarily due to the termination sludge Dissolved Air Flotation Thickeners (DAFTs) to of an agreement with a company that was contracted to improve solids coagulation. process biosolids into an energy fuel. The usage costs for this group of chemicals is proposed This category also includes appropriations for grounds at $576,000 less than previously approved for 2013-14. keeping services, janitorial services, security services, toxic removal services, outside laboratory services, trash Odor Control Chemicals – The District uses hydrogen pickup, plant site sweeping, temporary help to level out peroxide and sodium hydroxide (caustic soda) as the periodic increases in staff workload, a maintenance primary odor control chemicals within the treatment contract for the Plant No. 2 oxygen generation plant, plants; ferrous chloride, magnesium hydroxide, calcium digester cleaning and disposal services, line cleaning and nitrate and caustic soda are the primary odor and closed-circuit television (CCTV) services. corrosion control chemicals used within the collection system. Repairs and Maintenance – $11.8M A decrease of $876,000 from the previously approved This item, which is for parts and services for repair 2013-14 budget of $8.7 million is being proposed for of plant and collection facilities and annual service odor control chemicals. contracts, refl ects an authorization to allow for 22 2013-14 BUDGET UPDATE routine equipment maintenance and is expected to Professional Services – $4.0M decrease slightly. Professional Services includes General Counsel, Utilities – $7.8M special labor counsel, legislative advocacy, audit and miscellaneous accounting services, engineering, and The overall cost for utilities is a signifi cant component other technical consulting services. of the operating budget. The overall cost for utilities is anticipated to decrease by $1.0 million compared with Other Material, Supplies, the previously approved 2013-14 budget. Services – $3.2M • Natural Gas – Natural gas is purchased to supplement This category of costs includes the in-lieu insurance the digester gas that is used to run the central premium used to maintain the level of accumulated generation facilities. The 2013-14 budget shows reserves for the property and general liability self- a decrease of $164,000 refl ecting lower levels of insurance programs. This in-lieu cost for 2013-14 is natural gas needed because central generation engine proposed at $0.9 million. automation controls at Plant No. 2 allow the engines to respond to lower digester gas production without Expenses not chargeable to other categories, such having to shut down an engine. Thus the Plant No. 2 as freight and miscellaneous items, and annual boilers can run on digester gas all the time, reducing regulatory fees assessed by the South Coast Air Quality natural gas usage. Management District (SCAQMD), are recorded within this category. • Electricity – Electricity is the largest utility cost incurred by the District and is used to run the plant processes. The 2013-14 budget refl ects a decrease of $690,000. 23 Return to Agenda Report OPERATING EXPENSES Insurance – $2.2M Administrative Expenses – $1.3M The District’s outside excess general liability insurance These accounts include supplies, postage, technical coverage is $30 million per occurrence with self- journals and publications, forms, small offi ce equipment, insurance retention of $250,000 and $500,000 for and small computer items that cost less than $5,000 per employment practices liability insurance. item and exclude items that are capitalized. The District’s property insurance coverage of $1 billion Printing and Publication – $0.5M for perils of fi re and $300 million for perils of fl ood is subject to a self-insurance retention of 5 percent per unit The budget provides for in-house and outside of insurance up to $250,000 for fi re and $100,000 for reproduction costs and refl ects an expanded fl ood. The District is totally self-insured for earthquake. management information system and administrative requirements as well as a continuing demand by the An appropriation of $1.4 million for in-lieu premium public and regulatory agencies for information. The contribution charged to operations is recommended for continuing effort of the Public Affairs Offi ce to improve the Property and General Liability Program. public education programs about the District’s activities This will serve to maintain the reserves balance. is also refl ected in the budget for this line item. This group of accounts also includes costs for photo Training and Meetings – $1.1M processing, advertisements, and notices. Given current economic constraints, employee travel is Cost Allocation – ($18.2M) now subject to increased scrutiny. All meeting request This represents direct labor and benefi t charge outs and budgets have been reviewed for necessity, duplication, materials, supplies and services cost allocation to the and redundancy and have been limited to a responsible capital project where the related work was performed. level. The 2013-14 proposed budget for training has been decreased slightly. Agency-wide training activities are coordinated through the Human Resources Department and safety training activities are coordinated through the Risk Management Division. This category includes ongoing technical and safety training and materials for staff, required training for computerized plant monitoring and control systems and training to allow for a more adaptive and fl exible work force. Cost savings have been achieved in part through increased use of on-line training. Research and Monitoring – $0.8M Research and monitoring expenditures consist of contract services to carry out the extensive ocean monitoring program required by the EPA under provisions of the District’s ocean discharge permit (NPDES) permit; air quality monitoring costs; the District’s contribution to the Southern California Coastal Water Research Project (SCCWRP) being conducted under a joint power agreement with other Southern California municipal dischargers; and also provide for increased operational and ocean research and evaluation to develop optimum operating parameters in treatment plants. 24 2013-14 BUDGET UPDATE 25 Return to Agenda Report DEPARTMENTS SUMMARY Expenses by Department (in millions) 2013-14 2013-14 2012-13 Originally Percent Updated Percent Department Budget Proposed Change Proposed Change Administration Units: Offi ce of the General Manager $3.7 $3.7 0.0% $3.8 2.7% Human Resources 4.5 4.2 (6.7%) 4.2 0.0% Administrative Services 22.2 21.6 (2.7%) 22.9 6.0% Sub-Total $30.4 $29.5 (3.0%) $30.9 4.7% Operating Units: Facilities Support Services $25.7 $27.4 6.6% $25.2 (8.0%) Engineering 8.9 8.9 0.0% 9.7 9.0% Operations & Maintenance 86.5 89.9 3.9% 85.5 (4.9%) Sub-Total $121.1 $126.2 4.2% $120.4 (4.6%) Total $151.5 $155.7 2.8% $151.3 (2.8%) Staffi ng by Department (FTEs) 2013-14 2013-14 2012-13 Originally Percent Updated Percent Department Budget Proposed Change Proposed Change Administration Units: Offi ce of the General Manager 14.00 14.00 0.0% 14.00 0.0% Human Resources 16.00 16.00 0.0% 18.00 12.5% Administrative Services 110.75 110.75 0.0% 110.00 (0.7%) Sub-Total 140.75 140.75 0.0% 142.00 0.9% Operating Units: Facilities Support Services 81.00 81.00 0.0% 78.00 (3.7%) Engineering 125.00 125.00 0.0% 123.00 (1.6%) Operations & Maintenance 281.00 281.00 0.0% 283.00 0.7% Sub-Total 487.00 487.00 0.0% 484.00 (0.6%) Total FTEs 627.75 627.75 0.0% 626.00 (0.3%) 26 2013-14 BUDGET UPDATE Administration Units Operating Units Offi ce of the General Manager Facilities Support Services Budget $3.8M – Staffi ng 14.00 FTEs Budget $25.2M – Staffi ng 78.00 FTEs The Offi ce of the General Manager provides general The Facilities Support Services Department provides fl eet oversight of all Sanitation District operations and and heavy equipment services for the District, handles incorporates functions in the areas of Public Affairs non-public works construction support and projects, and and Board Services. This offi ce reports directly to the operates and maintains the regional collection system Board of Directors. The budget includes two unfunded facilities providing reliable collection and transportation Management Discretion positions. of wastewater, and effi cient, safe operation and maintenance of the system in the 463 square mile area. Human Resources The budget refl ects a reduction of 3.00 FTEs as a result Budget $4.2M – Staffi ng 18.00 FTEs of transferring three positions to other departments. The Human Resources Department works with Engineering management and employees to ensure an effective and Budget $9.7M – Staffi ng 123.00 FTEs productive employment relationship. This department reports directly to the General Manager. The budget The Engineering Department is responsible for the refl ects an increase of 2.00 FTEs as a result of positions planning, design and construction of the District’s transferring from other departments. capital improvement program as well as environmental compliance and asset management. The budget refl ects Administrative Services a decrease of 2.00 FTEs as a result of transferring Budget $22.9M – Staffi ng 110.00 FTEs positions to other departments. The Administrative Services Department maintains Operations and Maintenance fi nancial oversight and administration of all District Budget $85.5M – Staffi ng 283.00 FTEs funds and accounts and is responsible for contract administration and procurement, oversees all District The Operations and Maintenance Department is computer, networking and customer support issues, and responsible for operation of the District’s two wastewater identifi es and manages potential risk to the organization treatment plants as well as the environmental laboratory to create a safe, healthy and secure environment for and ocean monitoring. The budget refl ects a net increase staff, contractors, and visitors. The budget refl ects a of 2.00 FTEs due to the elimination of one position net decrease of 0.75 FTE due to the elimination of one offset by the net transfer in of three positions from other position partially offset by the conversion of a part-time departments. position to full-time. * FTE = Full-Time Equivalent Position 27 Return to Agenda Report OFFICE OF THE GENERAL MANAGER – General Management Administration General Management – Board Services Administration – Public Affairs Human Resources Board of Directors Administrative Services General General Counsel Offi ce Manager Facilities Support Services Engineering Operations & Maintenance Service Description The Offi ce of the General Manager is responsible for working with the Board of Directors to establish standards, policies and procedures, and the overall goals and Strategic Plan of the Sanitation District. The Offi ce of the General Manager reports the progress in meeting the established goals to support OCSD’s mission, and provides general oversight of operations. The offi ce reports directly to the Board of Directors. In addition to the line departments, this department oversees District-wide functions in the areas of Public Affairs and Board Services (Clerk of the Board). Public Affairs provides services and implements programs to meet the communications needs of OCSD’s internal and external audiences. The division plans and implements media relations, website content, community relations, community education and outreach, employee newsletter, intranet development, corporate identity program, collateral material and graphics development, presentation development, and crisis communications. Board Services includes the Clerk of the Board offi ce. Services include supporting the Board of Directors, acting as fi ling offi cer for Statement of Economic Interests, receiving and processing summons and complaints fi led against OCSD. 28 Offi ce of the General Manager Fiscal Year 2013-14 Budget Update Operating Expense 2013-14 2013-14 2012-13 Originally Updated Category Budget Proposed Proposed Personnel $2,176,900 $2,215,100 $2,061,700 Supplies 266,980 265,090 299,040 Professional/Contractual Services 426,000 327,000 539,000 Research & Monitoring 0 0 0 Repairs & Maintenance 1,500 0 1,560 Utilities 122,000 121,000 108,000 Other 845,500 848,100 866,640 Cost Allocation (96,500) (96,500) (96,500) Total $3,742,380 $3,679,790 $3,780,190 Budget Overview Authorized FTE Positions In Fiscal Year 2012-13, the General Manager reorganized the Board Services Managers 2.00 and Public Affairs Divisions. This reorganization resulted in the transfer of the Supervisors /Professionals 5.00 Public Affairs Manager position to Engineering. The budget for the General Administrative /Clerical 5.00 Manager’s Offi ce for Fiscal Year 2013-14 increased slightly compared with the Other 2.00 originally proposed budget primarily due to higher legal costs partially offset by the transfer of the Public Affairs Manager position to Engineering along with Total 14.00 funding for advocacy efforts. Staffi ng Trends Performance Objectives/Measures 15.00 15.00 • Maintain OCSD staffi ng at or below 626 FTEs. 14.00 14.00 • Maintain 100 percent compliance with terms and conditions of our permits and local, state and federal regulations. 13.00 • Expend minimum 90 percent of project annual Capital Improvement Program cash fl ows for Fiscal Year 2013-14. • Increase OCSD’s social media presence. 09-10 10-11 11-12 12-13 13-14 • Provide comprehensive public outreach for the Newport Beach Construction Program. • Provide accurate and timely board/committee agenda packages to the Board of Directors. • Undertake a compressive, collaborative review of the current Strategic Plan and produce a new 5-year Strategic Plan.. 29 Return to Agenda Report HUMAN RESOURCES DEPARTMENT General Management Administration Human Resources – Administration Human Workforce Resources – Development Board of Directors Workforce – Planning Administrative Services General General Counsel Offi ce Manager Facilities Support Services Engineering Operations & Maintenance Service Description The Human Resources Department is responsible for working with management and employees to ensure an effective and productive employment relationship. The Human Resources Department is committed to supporting a workplace environment grounded in fair and equitable employment decisions and practices. This department is responsible for all aspects of human resources management and labor/employee relations. It serves as the in-house advisor to the General Manager, executive staff, OCSD departments, and line staff. Delivering services with a high-level of customer satisfaction is a key objective. The Human Resources Department administration oversees delivery of the workforce planning and workforce development function within Human Resources. Workforce Planning activities include recruitment and selection, compensation and classifi cation, and benefi t and leaves in support of the major goal of equal employment opportunity for all persons on the basis of job-related merit. Workforce Development activities include performance management, training and development, employee relations and labor relations by supporting each operating unit and its employees in achieving their full potential. 30 Human Resources Department Fiscal Year 2013-14 Budget Update Operating Expense 2013-14 2013-14 2012-13 Originally Updated Category Budget Proposed Proposed Personnel $3,590,370 $3,634,470 $3,815,900 Supplies 1,113,550 846,900 242,230 Professional / Contractual Services 402,000 343,500 789,480 Research & Monitoring 0 0 0 Repairs & Maintenance 0 0 0 Utilities - 0 0 0 Other 50,020 50,020 51,540 Cost Allocation (667,900) (667,900) (667,900) Total $4,488,040 $4,206,990 $4,231,250 Budget Overview Authorized FTE Positions Human Resources became a department during Fiscal Year 2010-11. There are 18 full-time equivalent positions authorized in this department. The Managers 2.00 department budget for Fiscal Year 2013-14 is approximately $4.2 million. Supervisors /Professionals 11.00 Administrative /Clerical 5.00 Performance Objectives/Measures Total 18.00 • Support departments in the development of multi-year workforce planning requirements. Staffi ng Trends • Support departments in the development of multi-year workforce 20.00 development plans. 18.00 • Support departments in the development of multi-year succession plans. 16.00 • Manage overall expenditures to within 96 – 100 percent of the department’s approved budget. • Implement a comprehensive employee relations and labor relations training program. 0.00 0.00 09-10 10-11 11-12 12-13 13-14 Hours of Training Safety 16,790 Administrative 2,801 Technical 2,008 Conference 1,586 Legal 695 Technology 645 Regulatory 417 CIP 369 Webinar 229 0 5,000 10,000 15,000 20,000 The Human Resources Department provides approximately 25,000 hours of employee training annually. 31 Return to Agenda Report ADMINISTRATIVE SERVICES DEPARTMENT General Management Administration Human Administrative Resources – Services Board of Directors – Financial Management Administrative Contracts, Services – Purchasing & Materials General General Management Counsel Offi ce Manager – Information Technology Facilities Support Services – Risk Management Engineering Operations & Maintenance Service Description The Administrative Services Department oversees all of OCSD’s fi nance, contracts/ purchasing, risk management, and information technology activities, including both day-to-day operations and strategic planning. The department serves as a liaison to Executive Management, the Board of Directors, and other departments of OCSD. The department includes fi ve divisions: Administrative Services provides leadership and oversight to all Administrative Services divisions. Financial Management oversees and administers all OCSD’s funds and accounts. Programs include treasury and debt management, accounts receivable and payable, user fees, payroll, fi xed assets accounting, and coordinating the capital and operating budget process. Contracts, Purchasing, & Materials Management is responsible for contract administration and procurement for all departments. Additionally, this division manages OCSD’s warehouses, receiving and maintaining inventory, and distributing supplies, materials, and equipment. Information Technology is responsible for customer support related information technology assets and services, networking and infrastructure, telecommunications service operation and maintenance, network and programming, solutions and application support. Risk Management identifi es and manages potential risk to the organization and provides solutions for mitigation or reducing the risk to acceptable levels. The Risk Management Division works to create a safe, healthy, and secure environment for OCSD staff, contractors, and visitors. Additionally, it provides the support for management and employees to take ownership of identifying and controlling risk and cost-effectively addressing safety, health and security issues. 32 Administrative Services Department Fiscal Year 2013-14 Budget Update Operating Expense 2013-14 2013-14 2012-13 Originally Updated Category Budget Proposed Proposed Personnel $15,826,400 $16,068,700 $16,735,300 Supplies 1,904,180 1,401,140 1,550,720 Professional / Contractual Services 2,611,010 2,235,770 2,587,630 Research & Monitoring 0 0 0 Repairs & Maintenance 1,301,500 1,351,500 1,361,190 Utilities 310,000 320,000 300,000 Other 1,410,980 1,411,050 1,518,310 Cost Allocation (1,174,210) (1,177,110) (1,177,110) Total $22,189,860 $21,611,050 $22,876,040 Budget Overview Authorized FTE Positions The Fiscal Year 2013-14 proposed Administrative Service Department budget refl ects a 5.9 percent increase over the originally proposed budget primarily Managers 6.00 due to increases in Salaries, Wages, and Benefi ts, as well as increases in Supervisors / Professionals 64.00 Professional Services to support contracting and safety initiatives. Administrative / Clerical 38.00 Technical Staff 2.00 Performance Objectives/Measures Total 110.00 • Comply with the California State Government Code 100 percent of the time with all treasury investments. Staffi ng Trends • Submit the annual sewer service fee property parcel database to the County in time for placement on annual secured property tax bills. • Process all approved sewer service fee refund requests within 45 days, 111.75 110.75 110.75 110.00 90 percent of the time. 108.75 • All debt service payments will be paid electronically, on the actual due dates, and error free 100 percent of the time. • Continue the cycle count program and maintain a 97 percent accuracy rate or better. 09-10 10-11 11-12 12-13 13-14 • Successfully revise Delegation of Authority and have approved by all Committees and Board. • Continue completion of the Information Technology Strategic Plan (ITSP) Planned Annual Objectives. • Ascertain the measurement of ITSP target achievement based on the importance and completion of goals supporting the Levels of Service (LOS) in the OCSD Strategic Plan. • Maintain an average uptime of 90 percent for critical applications. • 100 percent completion of all Compliance training. • Develop a new claims procedure. • Develop Job Safety Analyses for high frequency — high hazard jobs. 33 Return to Agenda Report FACILITIES SUPPORT SERVICES DEPARTMENT General Management Administration Human Resources Board of Directors Administrative Services Facilities General General – Support Services Counsel Offi ce Manager Administration – Fleet Services & Facilities Equipment/Rebuild Support Services Facilities – Engineering & Services – Collection Facilities Engineering Operations & Maintenance Service Description The Facilities Support Services Department is responsible for providing reliable and effective services in the areas of Fleet Management, Equipment Rebuild/Welding/Fabrication and Machine Shop Services, Facilities Engineering and Contracted Services Management, Source Inspection, Sewage Conditioning for Odor and Corrosion Control, and the operation and maintenance of the Sanitary Sewer System Pipelines and Pumping Facilities. The Facilities Support Services Department consists of four divisions: Facilities Support Services Administration provides leadership, support, and management oversight for the Department in order to accomplish OCSD’s Strategic Plan and our annual goals. Fleet Services & Equipment Rebuild provides fl eet and heavy equipment services and motor pool management, equipment rebuild and fabrication, and machining/fabrication/welding services to all OCSD staff. Facilities Engineering and Services provides engineering, technical support, and outsourced services support in order to deliver solutions and facility repair projects for the agency. Collection Facilities operates and maintains the regional facilities which include gravity sewers and pumping facilities; provides services to minimize odor and corrosion impacts within the facilities; and works with industrial and commercial dischargers to inspect, monitor and sample within the collection system to assure regulatory compliance. This includes coordination and troubleshooting support on sewer debris issues with cities and sewering agencies that discharge to the OCSD system, including Santa Ana Watershed Project Authority (SAWPA). 34 Facilities Support Services Department Fiscal Year 2013-14 Budget Update Operating Expense 2013-14 2013-14 2012-13 Originally Updated Category Budget Proposed Proposed Personnel $11,639,200 $11,975,700 $11,579,900 Supplies 7,285,340 7,491,680 7,039,590 Professional / Contractual Services 3,101,760 3,745,810 2,503,320 Research & Monitoring 0 0 0 Repairs & Maintenance 3,344,140 3,805,060 3,624,360 Utilities 615,200 651,200 671,670 Other 46,020 46,020 49,300 Cost Allocation (287,900) (298,400) (298,400) Total $25,743,760 $27,417,070 $25,169,740 Budget Overview Authorized FTE Positions In Fiscal Year 2012-13, to further optimize resources as part of the Beyond 2012 reorganizational plan, seven Engineering Supervisor positions Managers 3.00 district-wide were realigned. As resources were reallocated, the Facilities Supervisors / Professionals 21.00 Support Services Department has combined the leadership and oversight Administrative / Clerical 6.00 responsibilities for several business units and has reduced the Department’s Technical Staff 13.00 Supervisor count by two. Through realignment, contracted service analysis and Operations & Maintenance 35.00 prioritization, and optimization of resources the Facilities Support Services Department was able to reduce its proposed annual budget by $2.2 million for Total 78.00 FY 2013-14. Staffi ng Trends Performance Objectives/Measures 83.75 81.00 78.00 • Manage overall expenditures to within 96 – 100 percent of the Department’s approved budget. • Maintain 100 percent compliance with water, air, safety, and mobile equipment permits. • Achieve greater than 95 percent safety training completion rate for 0.00 0.00 all staff. 09-10 10-11 11-12 12-13 13-14 • Achieve a compliance level of 80 – 100 percent of the Levels of Service New Facilities Support Services Division formed with (LOS) targets in the Strategic Plan. existing resources. • Successfully keep collection system odor complaints to less than 34 per year. • Ensure fewer than 13 sewer spills per year. • Respond to sewer spills within one-hour and establish containment to protect surface waters and minimize beach closures. 35 Return to Agenda Report ENGINEERING DEPARTMENT General Management Administration Human Resources Board of Directors Administrative Services General General Counsel Offi ce Manager Engineering Facilities – Administration Support Services – Planning Project – Management Offi ce Engineering Engineering & – Construction Environmental – Compliance Operations & Maintenance Service Description The Engineering Department is responsible for the planning and execution of OCSD’s Capital Improvement Program, Environmental Compliance, and the Asset Management Program. The Engineering Department is comprised of fi ve divisions: Engineering Administration provides management to all Engineering Divisions. Planning is responsible for estimating future capacity requirements, planning existing asset lifecycles, performing applied research, developing the OCSD Capital Improvement Program and complying with the California Environmental Quality Act. In addition, this division is responsible for OCSD’s Corrosion Inspection and Asset Management programs to ensure that required levels of service are maintained by performing necessary rehabilitation and replacement of facilities at optimal lifecycle costs. The Planning division also performs services for annexations, connection permitting, and inter-agency agreements. Project Management Offi ce is responsible for the delivery of capital projects from the preliminary design stage through the closeout of construction. Engineering and Construction provides design and construction engineering, quality control inspection, and other technical support for design and construction projects. Environmental Compliance is responsible for securing and maintaining permits from regulatory agencies for activates that may impact air, land, water, and endangered and threatened species. In addition to supporting biosolids reuse, the division evaluates and proactively identifi es new regulations, along with legislative and opportunities for grants, while building positive relationships with the regulatory community, agency associations and the public. The Industrial Source Control and Non-Industrial Source Control groups act as the wastewater control authority for OCSD’s service area and all contributing outside agencies, implementing programs (including the federally mandated industrial pretreatment program) that regulate industrial, commercial, and residential users. The division also supports the Groundwater Replenishment System with our partner the Orange County Water District. 36 Engineering Department Fiscal Year 2013-14 Budget Update Operating Expense 2013-14 2013-14 2012-13 Originally Updated Category Budget Proposed Proposed Personnel $20,866,500 $21,093,200 $21,154,300 Supplies 431,330 424,560 555,820 Professional / Contractual Services 355,000 406,000 985,000 Research & Monitoring 93,000 96,000 85,000 Repairs & Maintenance 1,600 1,600 2,160 Utilities 0 0 0 Other 694,080 714,080 714,310 Cost Allocation (13,501,450) (13,837,450) (13,837,450) Total $8,940,060 $8,897,990 $9,659,140 Budget Overview Authorized FTE Positions With the completion of the secondary treatment facilities necessary to fulfi ll the requirements of the consent decree issued in 2004, OCSD will turn Managers 6.00 its focus to sustaining it’s more than $6 billion in assets. The Engineering Supervisors / Professionals 84.00 Department will use an asset management approach to understand the Administrative / Clerical 33.00 condition of equipment, the necessary level of service, business effi ciency opportunities, and localized capacity constraints to optimally package and Total 123.00 sequence work tasks into complete and comprehensive projects. The Project Management Offi ce and Engineering and Construction will continue to execute Staffi ng Trends the defi ned projects effectively and effi ciently and Environmental Compliance will continue to assure that OCSD is in compliance with all regulatory 128.50 requirements. 125.00 120.50 123.00 Performance Objectives/Measures 105.50 • Expend minimum 90 percent of project annual Capital Improvement Program cash fl ows for Fiscal Year 2013-14. 09-10 10-11 11-12 12-13 13-14 • Manage overall expenditures to within 96 – 100 percent of the Department’s approved budget. CIP Expenditures • Ensure that reporting divisions achieve 90 percent of individual performance objectives. Improved Treatment $31M 22% Replacement/ Rehabilitation Additional $77M Capacity 55% $18M 13% Support $13M 10% In 2013-14, the Engineering Department will be responsible for $142 million in capital expenditures. 37 Return to Agenda Report OPERATIONS & MAINTENANCE DEPARTMENT General Management Administration Human Resources Board of Directors Administrative Services General General Counsel Offi ce Manager Operations & – Maintenance Facilities Administration Support Services Plant No. 1 – Operations Plant No. 2 – Operations Engineering Buildings, Grounds – & Mechanical Maintenance Instrumentation Operations & – & Electrical Maintenance Maintenance Environmental – Laboratory & Ocean Monitoring Service Description The Operations and Maintenance Department is responsible for treating wastewater, reusing or disposing of the treated wastewater and all residuals, and providing care to all facilities. The O&M Department consists of six divisions: Operations and Maintenance Administration provides leadership and oversight to all Operations and Maintenance divisions. Plant No. 1 and Plant No. 2 Operations are responsible for the daily management of the wastewater treatment processes, sludge and biosolids treatment and loading processes, and odor and air quality control processes. Activities also include ensuring compliance with all regulatory permits, support of the Capital Improvement Program, and coordination of construction and maintenance work. Plant 1 Operations also ensures the delivery of specifi cation water to the Ground Water Replenishment System. Buildings, Grounds and Mechanical Maintenance provides mechanical maintenance support for all wastewater treatment process and maintenance support for all OCSD’s buildings and grounds in a safe, effi cient, and effective manner so that OCSD can meet all discharge requirements while minimizing impacts to our neighbors. Also housed within the division is the Maintenance Management Group and the Reliability Maintenance Team which provides district wide support services for planning and scheduling maintenance events and predictive maintenance activities. Instrumentation and Electrical Maintenance is responsible for maintaining all instrumentation, electrical, HVAC equipment and systems in the treatment plants, pump stations, support and offi ce buildings; providing reliable power by operating the two generating facilities and back-up generator power sources, repairing all systems, and supporting the CIP. Environmental Laboratory and Ocean Monitoring performs analytical procedures, monitoring method development, data analysis and reporting for a broad range of programs and sample types, including wastewater treatment streams, industrial inputs, offshore and nearshore receiving waters, fi nal effl uent and air in order to demonstrate the effectiveness of wastewater treatment processes, the industrial source control program, compliance with water and air regulations and protection of the receiving water environment. 38 Operations & Maintenance Department Fiscal Year 2013-14 Budget Update Operating Expense 2013-14 2013-14- 2012-13 Originally Updated Category Budget Proposed Proposed Personnel $40,205,800 $41,297,800 $42,648,200 Supplies 11,611,230 12,191,240 10,879,060 Professional / Contractual Services 22,249,620 23,304,930 19,754,670 Research & Monitoring 725,480 775,780 755,000 Repairs & Maintenance 6,523,320 6,752,230 6,776,820 Utilities 7,158,750 7,661,540 6,736,800 Other 107,160 107,530 103,920 Cost Allocation (2,078,840) (2,142,840) (2,142,840) Total $86,502,520 $89,948,210 $85,511,630 Budget Overview Authorized FTE Positions The Fiscal Year 2013-14 budget for the Department refl ects a $4.4 million decrease from the original proposed budget for this year. This signifi cant decrease Managers 6.00 is primarily related to the following factors: Supervisors / Professionals 93.00 Administrative / Clerical 5.00 • Expected savings of $2.9 million resulting from the termination of an Technical Staff 3.00 agreement with a company that was contracted to process biosolids into Operations & Maintenance 176.00 an energy fuel. • Signifi cant reductions in chemical usage at Plant 1 and Plant 2 resulting from Total 283.00 the move to full secondary treatment. • Anticipated increases in power costs are less than previously expected with Staffi ng Trends the new secondary treatment processes now in operation. • The Green Arces Project (GAP) water costs have decreased due to a new agreement with the Orange County Water District that provides 1,120 acre 306.25 feet per year of free reclaimed water. 291.25 281.00 281.00 283.00 Performance Objectives/Measures • Achieve 100 percent compliance with water, solids, air, and energy permits. 09-10 10-11 11-12 12-13 13-14 • Achieve a compliance level of 80 – 100 percent 100 percent of the Levels of Service (LOS) targets consistent with resource availability. • Manage O&M expenditures to within 96 - 100 percent of approved budget. • Maintain safety cards above 90 percent. • Maintain electrical power availability at the distribution level greater than 99.9 percent (8 hours per unplanned outage). • Continued effi ciency improvement as measured by internal standards and benchmarking with other laboratories. • Continue to meet all NPDES permit compliance standards and carry out strategic process studies focused toward advancing OCSD’s mission. 39 Return to Agenda Report DEPARTMENTS SUMMARY 40 Appendix A - 1 Return to Agenda Report Cash Flow Projection Orange County Sanitation District Consolidated Cash Flow Projections Preliminary Preliminary Preliminary Preliminary Preliminary Preliminary Ref Description 13-14 14-15 15-16 16-17 17-18 18-19 Revenues: 1 General User Fees 284,331,000 292,589,000 299,986,000 308,377,000 316,830,000 325,460,000 2 Permitted User Fees 11,291,000 11,584,000 11,841,000 12,134,000 12,427,000 12,725,000 3 IRWD Assessments 14,386,800 16,462,700 16,410,340 10,114,710 5,842,080 5,491,370 4 SAWPA Assessments 2,938,000 3,055,000 3,177,000 3,304,000 3,436,000 3,573,000 5 Property Taxes (Flat in short term) 73,699,000 77,384,000 81,253,000 85,316,000 89,582,000 94,061,000 6 New COP Issues ------7 Interest Revenues 16,372,000 19,366,000 18,562,000 18,628,000 17,763,000 18,255,000 8 Capital Facilities Capacity Charges 9,761,000 8,677,000 9,463,000 10,137,000 10,856,000 10,845,000 9 Other Revenues 5,926,900 4,100,000 4,147,000 12,577,000 4,246,000 4,297,000 10 Revenues 418,705,700 433,217,700 444,839,340 460,587,710 460,982,080 474,707,370 Requirements: 11 Oper & Mtce Exp (5.0% yr) 151,227,990 158,719,000 165,665,000 169,151,000 172,769,000 180,486,000 12 Capital Improvement Program 141,600,000 204,692,400 183,394,400 113,006,400 178,062,400 183,559,400 13 Repl, Rehab & Refurb 3,303,000 17,390,000 26,283,000 62,102,000 102,751,000 81,892,000 14 COP Service (5.0%, 30 yrs) 98,450,000 85,803,000 86,145,000 90,946,000 87,005,000 85,430,000 15 Other Requirements 4,352,000 2,152,000 2,152,000 2,152,000 2,152,000 2,152,000 16 Requirements 398,932,990 468,756,400 463,639,400 437,357,400 542,739,400 533,519,400 17 Revenues-Requirements 19,772,710 (35,538,700) (18,800,060) 23,230,310 (81,757,320) (58,812,030) Accumulated Funds: 18 Beginning of Year 653,196,807 672,969,517 637,430,817 618,630,757 641,861,067 560,103,747 19 End of Year 672,969,517 637,430,817 618,630,757 641,861,067 560,103,747 501,291,717 20 Consolidated Reserve Policy 544,066,000 534,346,000 537,158,000 541,761,000 537,968,000 501,060,000 21 Over (Under) Reserve Policy* 128,903,517 103,084,817 81,472,757 100,100,067 22,135,747 231,717 Sewer Service User Fees: 22 Avg SFR Annual User Fee $308.00 $316.00 $323.00 $331.00 $339.00 $347.14 23 Percentage Change 4.76% 2.60% 2.22% 2.48% 2.42% 2.40% 24 Equivalent Dwelling Units 929,430 932,033 934,736 937,493 940,306 943,127 25 SFR Connection Fee $3,775 $3,964 $4,162 $4,370 $4,589 $4,818 26 Outstanding COPs $1,314,602,000 $1,286,727,000 $1,257,322,000 $1,221,747,000 $1,188,577,000 $1,175,762,000 Reserve Policy 27 50% Next Year Operating 75,614,000 79,360,000 82,833,000 84,576,000 86,385,000 90,243,000 28 10% Next Year Operating 15,123,000 15,872,000 16,567,000 16,915,000 17,277,000 18,049,000 29 100% Next Year AUG COP Svc. 98,450,000 85,803,000 86,145,000 90,946,000 87,005,000 85,430,000 30 50% average ten-year CIP Bal. 105,470,000 105,470,000 105,470,000 105,470,000 105,470,000 105,470,000 31 DSR @ 10% Outstanding COPs 131,460,000 128,673,000 125,732,000 122,175,000 118,858,000 117,576,000 32 SFI @ $57mm INPUT 57,000,000 57,000,000 57,000,000 57,000,000 57,000,000 57,000,000 33 Repl & Refurb @ 2%/yr 60,949,000 62,168,000 63,411,000 64,679,000 65,973,000 67,292,000 34 *Reserve Reduction (in accordance with Board action allowing a $40M reduction to total reserve requirements) - (40,000,000) 35 Total 544,066,000 534,346,000 537,158,000 541,761,000 537,968,000 501,060,000 COP Ratios 36 Sr Lien Coverge, Min 1.25 2.62 3.10 3.13 3.09 3.19 3.32 A – 2 2013-14 Budget Update Orange County Sanitation District Consolidated Cash Flow Projections Preliminary Preliminary Preliminary Preliminary 10-Year Description 19-20 20-21 21-22 22-23 Total Revenues: General User Fees 334,323,000 343,426,000 352,775,000 362,378,000 3,220,475,000 Permitted User Fees 13,030,000 13,343,000 13,663,000 13,991,000 126,029,000 IRWD Assessments 5,033,290 4,554,270 4,806,610 4,778,710 87,880,880 SAWPA Assessments 3,716,000 3,865,000 4,020,000 4,181,000 35,265,000 Property Taxes (Flat in short term) 98,764,000 103,702,000 108,887,000 114,331,000 926,979,000 New COP Issues - - - - - Interest Revenues 19,709,000 20,824,000 22,800,000 23,925,000 196,204,000 Capital Facilities Capacity Charges 11,421,000 12,028,000 12,667,000 9,697,000 105,552,000 Other Revenues 12,729,000 4,402,000 4,456,000 4,512,002 61,392,902 Revenues 498,725,290 506,144,270 524,074,610 537,793,712 4,759,777,782 Requirements: Oper & Mtce Exp (7.0% yr) 188,547,000 196,971,000 205,771,000 214,966,002 1,804,272,992 Capital Improvement Program 135,930,400 78,023,400 51,465,400 39,029,400 1,308,763,600 Repl, Rehab & Refurb 84,069,000 89,346,000 140,551,000 192,959,000 800,646,000 COP Service (5.0%, 30 yrs) 85,457,000 85,339,000 77,709,000 77,698,000 859,982,000 Other Requirements 2,152,000 2,152,000 2,152,000 2,152,000 23,720,000 Requirements 496,155,400 451,831,400 477,648,400 526,804,402 4,797,384,592 Revenues-Requirements 2,569,890 54,312,870 46,426,210 10,989,310 (37,606,810) Accumulated Funds: Beginning of Year 501,291,717 503,861,607 558,174,477 604,600,687 653,196,807 End of Year 503,861,607 558,174,477 604,600,687 615,589,997 615,589,997 Consolidated Reserve Policy 505,925,000 550,372,000 546,566,000 550,505,000 550,505,000 Over (Under) Reserve Policy* (2,063,393) 7,802,477 58,034,687 65,084,997 Sewer Service User Fees: Avg SFR Annual User Fee $355.47 $364.00 $372.73 $381.68 Percentage Change 2.40% 2.40% 2.40% 2.40% Equivalent Dwelling Units 945,956 948,794 951,640 954,495 SFR Connection Fee $5,059 $5,312 $5,577 $5,856 Outstanding COPs $1,162,307,000 $1,143,692,000 $1,115,127,000 $1,085,182,000 Reserve Policy 50% Next Year Operating 94,274,000 98,486,000 102,886,000 107,483,000 10% Next Year Operating 18,855,000 19,697,000 20,577,000 21,497,000 100% Next Year AUG COP Svc. 85,457,000 85,339,000 77,709,000 77,698,000 50% average ten-year CIP Bal. 105,470,000 105,470,000 105,470,000 105,470,000 DSR @ 10% Outstanding COPs 116,231,000 114,369,000 111,513,000 108,518,000 SFI @ $57mm INPUT 57,000,000 57,000,000 57,000,000 57,000,000 Repl & Refurb @ 2%/yr 68,638,000 70,011,000 71,411,000 72,839,000 *Reserve Reduction (40,000,000) - - - Total 505,925,000 550,372,000 546,566,000 550,505,000 COP Ratios Sr Lien Coverge, Min 1.25 3.50 3.48 3.93 4.03 A - 3 Return to Agenda Report Capital Improvement Program Summary Original FY 2013-14 Budget $ 156,317,000 % Change Projects Completed or Canceled (713,000) (0.46%) New Projects 852,000 0.55% Additions to Existing Projects 33,188,000 21.23% Deductions from Existing Projects (49,218,000) (31.49%) Changes to Capital Equipment 1,174,000 0.75% Revised FY 2013-14 Budget 141,600,000 (9.41%) Original Total Budget 2,790,151,000 % Change Projects Completed or Canceled (302,491,000) (10.84%) New Projects 3,742,000 0.13% Additions to Existing Projects 187,436,000 6.72% Deductions from Existing Projects (16,563,000) (0.59%) Changes to Capital Equipment - 0.00% Revised Total Budget $ 2,662,275,000 (4.58%) A - 4 2013-14 Budget Update Project Summary FY 2013-14 2013-14 Replacement/ Improved Additional Cashflow Item Rehabilitation Treatment Capacity Support Budget Collections Facilities$ 23,071,400 $ 137,400 $ 13,936,800 $ 137,400 $ 37,283,000 Headworks 1,598,400 425,600 - - 2,024,000 Primary Treatment 1,421,000 145,000 - - 1,566,000 Secondary Treatment 667,000 862,290 424,710 - 1,954,000 Solids Handling & Digestion 23,368,530 26,339,570 2,725,900 - 52,434,000 Ocean Outfall Systems 3,144,000 - - - 3,144,000 Utility Systems 8,171,250 1,656,250 143,250 233,250 10,204,000 Odor Control Related Projects 2,510,700 689,300 211,000 - 3,411,000 Plant Automation & Computerization 2,707,100 - 688,000 2,860,900 6,256,000 Process Related Special Projects - - - 5,000,000 5,000,000 Miscellaneous & Support Projects 9,551,600 427,200 - 3,751,200 13,730,000 Strategic & Master Planning 435,000 - - 691,000 1,126,000 Others 491,000 335,000 335,000 587,000 1,748,000 Equipment 430,000 430,000 430,000 430,000 1,720,000 Total $ 77,566,980 $ 31,447,610 $ 18,894,660 $ 13,690,750 $ 141,600,000 A – 5 Return to Agenda Report Capital Improvement Expenditure Graphs $1,126,000 Strategic & Master Planning 0.8% $1,566,000 Primary Treatment 1.1% $52,434,000 Solids Handling & Digestion $37,283,000 37.0% Collections Facilities 26.3% $1,720,000 Equipment 1.2% $2,024,000 Headworks 1.4% $3,411,000 $1,748,000 Odor Control Projects Others 2.4% 1.4% $6,256,000 $1,954,000 Plant Automation & Secondary Treatment Computerization 1.4% $13,730,000 $10,204,000 4.4% $0 Miscellaneous & Utility Systems $5,000,000 Water Management Support Projects 7.2% Projects 0.% Process Related Projects 9.7% 3.5% $3,144,000 Ocean Outfall Systems 2.2% Total FY 2013-14 Capital Improvement Expenditure by Process - $141,600,000 $31,447,610 Improv ed Treatment 22.2% $18,894,660 Additional Capacity 13.3% $13,690,750 Support 9.7% $77,566,980 Replacement / Rehabilitation 54.8% Total FY 2013-14 Capital Improvement Expenditure by Type - $141,600,000 A - 6 2013-14 Budget Update Summary of Capital Requirements – Collection System Improvement Projects Original Revised Original Revised Total Total 2013-14 2013-14 Project Project Project Cashflow Cashflow Item Number Budget Budget Budget Budget Number Collections Facilities Raitt and Bristol Street Sewer Extension 01-101$ 9,906,000 $ 9,906,000 1 Santa Ana Trunk Sewer Rehab. 01-17 7,331,000 7,519,000 3,142,000 470,000 2 Santa Ana River Interceptor Realignment and Prot. 02-41 11,404,000 11,404,000 298,000 813,000 3 Santa Ana River Interceptor (SARI) Inspection and Mitigation 02-41-7 1,217,000 1,217,000 175,000 616,000 4 SARI Rock Stabilizers Removal 02-41-8 3,092,000 3,092,000 2,355,000 1,404,000 5 Taft Branch Improvements 02-49 3,143,000 3,143,000 6 Newhope-Placentia Trunk Grade Separation Replacement 02-65 6,390,000 6,685,000 1,674,000 3,074,000 7 Fullerton-Brea Interceptor Sewer Relief 02-71 2,736,000 454,000 Completed Newhope-Placentia Trunk Replacement 02-72 66,696,000 66,696,000 8 Yorba Linda Pumping Station Abandonment 02-73 9,566,000 9,566,000 9 Lakeview OCTA Grade Separation 02-75 330,000 330,000 102,000 52,000 10 Tustin Rose OCTA Grade Separation 02-76 2,500,000 1,483,000 1,475,000 11 Orangethorpe OCTA Grade Separation 02-77 3,900,000 3,900,000 3,850,000 1,131,000 12 Westside Relief Interceptor Relief 03-55 26,482,000 26,482,000 13 Rehabilitation of Magnolia Trunk Sewer 03-58 19,786,000 19,812,000 249,000 14 Miller-Holder Trunk Sewer Relief 03-59 17,324,000 17,324,000 15 Beach Trunk/Knott Interceptor Sewer Relief 03-60 25,055,000 25,055,000 16 Miller-Holder and Knott Trunks Odor Control Project 03-61 1,795,000 1,795,000 17 Seal Beach Pumping Station Upgrade and Rehabilitation 03-62 26,356,000 26,356,000 18 Rehabilitation of 3-6, 3-8, and 3-21-1 Sewers 03-64 88,720,000 88,720,000 19 Balboa Trunk Sewer Rehabilitation 05-47 9,446,000 10,622,000 2,310,000 5,878,000 20 Replacement of the Bitter Point Pump Station 05-49 31,610,000 32,095,000 681,000 58,000 21 Replacement of the Rocky Point Pump Station 05-50 22,550,000 22,678,000 70,000 22 Bitter Point Force Main Rehabilitation 05-58 44,290,000 45,829,000 1,097,000 4,316,000 23 Newport Force Main Condition Rehabilitation 05-60 23,779,000 45,788,000 670,000 2,038,000 24 Dover Drive Trunk Sewer Relief 05-63 14,296,000 13,751,000 8,541,000 7,936,000 25 Crystal Cove Pumping Station Upgrade and Rehabilitation 05-66 7,379,000 7,379,000 26 Bay Bridge Pumping Station Upgrade and Rehabilitation 05-67 46,852,000 46,852,000 27 District 6 Trunk Sewer Relief 06-17 5,638,000 5,638,000 850,000 412,000 28 Southwest Costa Mesa Trunk 06-19 14,993,000 14,993,000 956,000 974,000 29 Gisler-Redhill System Improvements, Reach B 07-37 11,402,000 11,814,000 5,960,000 4,593,000 30 Browning Subtrunk Sewer Relief 07-60 11,172,000 12,663,000 1,057,000 31 Von Karman Trunk Sewer Relief 07-62 433,000 433,000 32 Continued A – 7 Return to Agenda Report Summary of Capital Requirements Summary of Capital Requirements – Collection System Improvement Projects Original Revised Original Revised Total Total 2013-14 2013-14 Project Project Project Cashflow Cashflow Item Number Budget Budget Budget Budget Number Collections Facilities (Continued) MacArthur Pumping Station Upgrade and Rehabilitation 07-63 7,028,000 7,028,000 33 Edinger/Bolsa Chica Trunk Improvements 11-25 6,030,000 6,030,000 34 Wintersburg Channel Siphon Protection Project 11-32 75,000 75,000 41,000 24,000 35 Edinger Pumping Station Upgrade and Rehabilitation 11-33 11,474,000 11,474,000 36 Facilities Engineering Projects - Collections FE-Collect 8,250,000 8,250,000 150,000 916,000 37 Siphon and Manhole Upgrade Feasibility Study SP-138 300,000 Completed Bay Bridge Pump Station and Forcemains Rehabilitation Study SP-178 150,000 150,000 50,000 142,000 38 Main Street Flume Downsizing Study SP-179 75,000 Canceled Revenue Area 3 Asset Management Plan SP-180 400,000 400,000 134,000 360,000 39 Revenue Area 7 Asset Management Plan SP-181 300,000 300,000 100,000 282,000 40 Total Collection System Improvement Projects 611,651,000 634,727,000 34,647,000 37,283,000 A - 8 2013-14 Budget Update Summary of Capital Requirements –Treatment System Improvement Projects Original Revised Original Revised Total Total 2013-14 2013-14 Project Project Project Cashflow Cashflow Item Number Budget Budget Budget Budget Number Headworks Headworks Rehabilitation at Plant No. 1 P1-105 72,058,000 72,058,000 592,000 307,000 41 Headworks Expansion P1-120 222,804,000 222,804,000 42 Headworks Improvements at Plant No. 2 P2-66 258,124,000 259,124,000 2,974,000 1,641,000 43 Plant No.1 Headworks & Bypass Asset Management Plan SP-182 300,000 400,000 100,000 76,000 44 Headworks Total 553,286,000 554,386,000 3,666,000 2,024,000 Primary Treatment Joint GWRS Microfiltration Backwash Redirection Project J-36-1 1,111,000 522,000 145,000 45 Primary Effluent Pipeline Joint Repairs P1-118 3,246,000 3,246,000 46 Plant No.1 Primary Treatment Upgrades P1-124 17,835,000 11,535,000 897,000 702,000 47 Primary Treatment Area Rehabilitation Study SP-137 848,000 848,000 162,000 719,000 48 Primary Treatment Total 23,040,000 16,151,000 1,059,000 1,566,000 Secondary Treatment New Secondary Treatment System at Plant No. 1 P1-102 255,471,000 255,471,000 3,164,000 1,287,000 49 Trickling Filters at Plant No. 2 P2-90 220,206,000 173,000 Completed Oxygen Plant Rehabilitation at Plant No. 2 SP-129 2,208,000 2,300,000 281,000 307,000 50 Plant No.1 Secondary Treatment Asset Management Plan SP-183 200,000 200,000 66,000 180,000 51 Plant No.2 Secondary Oxygen Plant Asset Management Plan SP-185 200,000 200,000 66,000 180,000 52 Secondary Treatment Total 478,285,000 258,171,000 3,750,000 1,954,000 Solids Handling & Digestion Sludge Digester Rehabilitation at Plant 1 P1-100 57,205,000 57,641,000 5,855,000 6,976,000 53 Sludge Dewatering and Odor Control at Plant 1 P1-101 147,270,000 171,978,000 36,140,000 27,259,000 54 Digester Ferric Chloride System Rehabilitation P2-105 4,078,000 4,178,000 1,744,000 1,884,000 55 Demolition of Digesters A and B and Gas Holders P2-110 5,405,000 29,409,000 407,000 56 Solids Storage Silo Rehabilitation P2-114 37,604,000 37,604,000 57 Solids Thickening and Processing Upgrades P2-89 48,146,000 48,146,000 17,861,000 12,881,000 58 Digester Rehabilitation at Plant No. 2 P2-91-1 45,637,000 47,600,000 446,000 59 Sludge Dewatering and Odor Control at Plant 2 P2-92 71,860,000 71,860,000 1,948,000 2,847,000 60 Plant No. 2 Digesters and Boilers Plant Asset Management Plan SP-186 200,000 200,000 66,000 180,000 61 Solids Handling & Digestion Total 417,405,000 468,616,000 64,060,000 52,434,000 Ocean Outfall Systems Final Effluent Sampler and Building Area Upgrades J-110 12,585,000 14,064,000 954,000 1,085,000 62 Outfall Land Section and OOBS Piping Rehabilitation J-112 24,139,000 20,939,000 2,859,000 1,677,000 63 66-inch Interplant Effluent Pipeline Rehabilitation J-116 72,517,000 72,517,000 64 Ocean Outfall System Rehabilitation J-117 15,402,000 15,402,000 1,450,000 98,000 65 Outfall Beach Box Rehabilitation Evaluation J-119 385,000 28,000 66 Alternative Effluent Disinfection Study SP-156 100,000 100,000 67 Plant No. 2 Outfall Systems Asset Management Plan SP-187 300,000 300,000 100,000 256,000 68 Ocean Outfall Systems Total 125,043,000 123,707,000 5,363,000 3,144,000 A – 9 Return to Agenda Report Summary of Capital Requirements Summary of Capital Requirements –Treatment System Improvement Projects Original Revised Original Revised Total Total 2013-14 2013-14 Project Project Project Cashflow Cashflow Item Number Budget Budget Budget Budget Number Utility Systems Interplant Gas Line Rehabilitation J-106 5,634,000 5,634,000 74,000 1,128,000 69 Cengen Cooling Water System Replacement J-109 11,337,000 11,454,000 968,000 1,520,000 70 Cengen Emissions Control Project J-111 31,251,000 29,000,000 1,743,000 1,513,000 71 UPS System Upgrades J-121 13,012,000 13,012,000 72 Digester Gas Compressor Improvements J-124 55,385,000 73 Central Generation Automation J-79-1 23,346,000 Completed Electrical Power Distribution System Improvements J-98 9,773,000 12,791,000 960,000 74 Plant Water System Rehabilitation at Plant No.1 P1-112 10,029,000 9,569,000 5,439,000 2,587,000 75 Flare Addition P1-119 2,083,000 Canceled Gas Compressor Upgrades P1-121 27,181,000 Canceled Plant Water System Rehabilitation at Plant No.2 P2-101 3,864,000 4,009,000 1,132,000 1,564,000 76 Additional High Pressure Flare P2-103 2,116,000 Canceled 15 kV Upgrades at Plant No. 2 P2-108 4,658,000 4,658,000 1,612,000 561,000 77 Gas Compressor Upgrades P2-109 22,362,000 Canceled SCE Feed Reliability Improvements P2-111 22,490,000 22,490,000 78 Secondary Area Cable Tray Upgrades P2-116 2,154,000 2,154,000 79 Headworks Area Cable Tray Upgrades P2-117 3,015,000 3,015,000 80 Digester Gas Facilities Assessment SP-141 700,000 700,000 668,000 81 Utility Water Systems Study SP-146 800,000 800,000 573,000 82 Plant Air System Master Plan SP-148 340,000 340,000 83 Electrical System Base Map SP-149 250,000 250,000 84 Uninterruptible Power System (UPS) Study SP-150 342,000 Completed Sidestream Pumping System and Water Characterization Study SP-155 246,000 246,000 90,000 85 Standby Power Generation Study SP-158 400,000 400,000 86 Power Outage Recovery Plan SP-170 100,000 100,000 100,000 87 Potable Water Quality Study SP-175 50,000 50,000 88 Utility Systems Total 197,533,000 176,057,000 12,028,000 10,204,000 Odor Control Related Projects Coyote Hills Golf Course Odor Control Station 02-74 8,365,000 8,365,000 89 Primary and Secondary Odor Control at Plant No.1 P1-114 48,600,000 50,708,000 716,000 90 Trunk Line Odor Control Improvements P1-123 10,016,000 10,016,000 737,000 832,000 91 Chemical Scrubber Conversions and Piping System Improvements P2-106 2,807,000 2,906,000 1,108,000 1,474,000 92 P2 Primary Clarifiers Rehabilitation Project P2-98 35,691,000 43,210,000 1,093,000 93 Odor Control Master Plan SP-166 1,200,000 1,200,000 800,000 1,055,000 94 Collection System Odor Control Systems Study SP-189 500,000 500,000 166,000 50,000 95 Odor Control Related Projects Total 107,179,000 116,905,000 4,620,000 3,411,000 Process Related Special Projects Corrosion Management SP-68-1 14,372,000 37,603,000 1,416,000 5,000,000 96 Process Related Special Projects Total 14,372,000 37,603,000 1,416,000 5,000,000 A - 10 2013-14 Budget Update Summary of Capital Requirements –Treatment System Improvement Projects Original Revised Original Revised Total Total 2013-14 2013-14 Project Project Project Cashflow Cashflow Item Number Budget Budget Budget Budget Number Plant Automation & Computerization Process SCADA Replacement J-120 24,680,000 24,680,000 97 Programmable Control Panel Upgrades J-125 2,942,000 300,000 98 Power Monitoring and Control Systems J-33-3 13,050,000 12,327,000 3,244,000 1,474,000 99 SCADA System and Network Upgrades P2-107 22,895,000 27,839,000 2,496,000 100 Strategic Information Architecture (SIA) SP-03 1,995,000 1,995,000 100,000 445,000 101 Internet/Intranet Development SP-09 650,000 650,000 25,000 300,000 102 CMMS System Replacement SP-100 5,000,000 6,500,000 942,000 2,752,000 103 PDS2D Software Replacement SP-103 250,000 500,000 90,000 275,000 104 Geographic Information System SP-15 4,047,000 4,047,000 365,000 364,000 105 Network Equipment Upgrade SP-89 2,905,000 1,427,000 440,000 346,000 106 Plant Automation & Computerization Total 75,472,000 82,907,000 7,702,000 6,256,000 Miscellaneous & Support Projects Facilities Engineering Projects - Joint FE-J 23,910,000 23,910,000 335,000 265,000 107 Facilities Engineering Projects - Plant 1 FE-P1 20,910,000 20,910,000 124,000 1,353,000 108 Facilities Engineering Projects - Plant 2 FE-P2 20,910,000 20,910,000 435,000 1,230,000 109 Emergency Operation Center J-115 160,000 160,000 110 Contracts and Purchasing Building Extension J-118 3,589,000 3,589,000 111 Operations Center Entrance/Building Repairs J-122 2,325,000 2,648,000 1,292,000 217,000 112 Fall Protection Improvements at Plants Nos.1 and 2 J-123 2,967,000 2,967,000 1,002,000 588,000 113 Title 24 Access Compliance and Building Rehabilitation Project P1-115 30,276,000 32,637,000 3,114,000 2,187,000 114 Site and Security Improvements at Plant No. 2 P2-96 1,077,000 2,077,000 618,000 686,000 115 2009 NPDES Permit Renewal SP-133 150,000 Completed Software and Computer Equipment Replacement Project SP-135 2,700,000 5,050,000 400,000 2,262,000 116 Land Records Information System SP-136 410,000 410,000 40,000 117 Facility Assets Assessment SP-145 2,960,000 2,960,000 220,000 221,000 118 Plant 2 WSSPS Motor Location SP-145-2 72,000 72,000 54,000 119 Stormwater Master Plan SP-167 300,000 300,000 236,000 120 Information Technology Workroom Replacement SP-176 2,566,000 2,566,000 2,566,000 121 Public Address System Study SP-188 75,000 75,000 8,000 122 Plant No.2 Tunnels Systems Asset Management Plan SP-191 200,000 200,000 66,000 137,000 123 Small Capital Replacement/Rehabilitation Project SP-34 37,200,000 37,200,000 5,000,000 4,200,000 124 Asset Management Program SP-68-2 4,800,000 4,800,000 399,000 100,000 125 Miscellaneous & Support Projects Total 157,557,000 163,441,000 15,625,000 13,730,000 Water Management Projects Initial Expansion of the Groundwater Replenishment System SP-139 300,000 86,000 Completed Effluent Reuse Study SP-173 60,000 60,000 126 Water Management Projects Total 360,000 60,000 86,000 - A – 11 Return to Agenda Report Summary of Capital Requirements Summary of Capital Requirements –Treatment System Improvement Projects Original Revised Original Revised Total Total 2013-14 2013-14 Project Project Project Cashflow Cashflow Item Number Budget Budget Budget Budget Number Strategic & Master Planning Facilities-Wide Safety Assessment SP-145-1 300,000 930,000 473,000 127 Landscape Master Plan SP-145-4 150,000 150,000 118,000 128 Climate Change Impact Study SP-152 100,000 100,000 100,000 100,000 129 Treatment Plant Hydraulic Assessment SP-168 300,000 300,000 300,000 130 Settlement and Liquefaction Study SP-177 173,000 173,000 131 Plant No.1 Effluent & Interplant Piping Asset Management Plan SP-184 200,000 200,000 66,000 135,000 132 Plant No.2 Administrative Buildings Master Plan SP-193 300,000 300,000 133 Strategic & Master Planning Total 1,223,000 2,153,000 466,000 1,126,000 Others Research - Superoxygentation SP-121 850,000 Completed Operational Research Projects (annual allocation) SP-125 10,000,000 10,440,000 1,000,000 1,340,000 134 Process SCADA Link to Pump Stations SP-157 271,000 271,000 103,000 156,000 135 Data Storage Addition SP-163 444,000 Completed Information Technology Data Center Replacement SP-174 180,000 180,000 180,000 136 Information Technology Master Plan SP-192 500,000 252,000 137 Others Total 11,745,000 11,391,000 1,283,000 1,748,000 Total Treatment and Disposal Projects 2,162,500,000 2,011,548,000 121,124,000 102,597,000 Capital Equipment Purchases 16,000,000 16,000,000 546,000 1,720,000 Total Collection, Treatment and Disposal Projects $ 2,790,151,000 $2,662,275,000 $156,317,000 $141,600,000 A - 12 2013-14 Budget Update CIP New Project Descriptions A – 13 Return to Agenda Report CIP New Project Descriptions A - 14 FY 2013-14 Budget Update This page was intentionally left blank A - 15 Return to Agenda Report Capital Equipment Budget Summary Capital Equipment Budget 2013-14 Machine Trucks & Other Eq & Comm Vehicles Mobile Eq Tools Equipment Division 09410000 09410001 09410002 09410003 Contracts, Purchasing, & Materials Management$ - -$ -$ -$ Information Technology - - - - Facilities Support 221,000 63,500 - - Equipment / Rebuild - - 62,600 - Fleet Services 401,500 8,600 - - Odor and Corrosion Control - - - - Plant No. 2 Operations - - - - Mechanical & Reliability Maintenance - - - - Instrumentation & Electrical Maintenance - - - 33,500 Environmental Laboratory & Ocean Monitoring - - - - Total Proposed Capital Equipment $ 622,500 72,100$ $ 62,600 $ 33,500 A - 16 FY 2013-14 Budget Update Capital Equipment Budget 2013-14 Instr / Test Safety & Office Fix & Computer 2013-14 Equipment Traffic Eq Eq Equipment Proposed Division 09410004 09410005 09410006 09410007 Budget Contracts, Purchasing, & Materials Management$ - -$ 38,200$ -$ $ 38,200 Information Technology - - - 391,000 391,000 Facilities Support - - - - 284,500 Equipment / Rebuild - - - - 62,600 Fleet Services - - - - 410,100 Odor and Corrosion Control 21,000 - - - 21,000 Plant No. 2 Operations 65,000 - - - 65,000 Mechanical & Reliability Maintenance 10,000 - - - 10,000 Instrumentation & Electrical Maintenance 109,100 - - - 142,600 Environmental Laboratory & Ocean Monitoring 295,000 - - - 295,000 Total Proposed Capital Equipment $ 500,100 $ - $ 38,200 391,000$ $ 1,720,000 A - 17 Return to Agenda Report Capital Equipment Budget Detail Capital Equipment Budget Detail Proposed Equip. Division Equipment Type Budget 230 - Contracts, Purchasing, & Materials Management Pallet Racks - Plant 1 $ 19,100 Pallet Racks - Plant 2 19,100 Total 38,200 250 - Information Technology Absence Compliance Tracking 37,000 Advanced Threat Detection Appliance 21,000 Emulator Proxy Servers 181,000 Pump Station SCADA Servers Replacement 62,000 Risk Management Database 60,000 Video and Storage Equipment 30,000 Total 391,000 320 - Facilities Support Dump Trailers (3) for Div 340 - Replace E# 0902, 0903 & 0904 63,500 Hydraulic Driven Pull Rig - Replace V# 0385 102,000 Secondary Trailer Rig - Replace V# 0383 62,000 Truck, Pump Station Maintenance - Replace V# 0451 57,000 Total 284,500 321 - Equipment / Rebuild Down Draft Workbench 8,200 Miller Multi-Purpose Welder 16,200 Platen Table 9,300 Power Peen Sandblaster 17,200 Pressure Washer 11,700 Total 62,600 322 - Fleet Services Truck - Replace V0524 44,100 Personnel Carrier - Replace Carrier C1022 8,600 Truck - Replace V0502 70,400 Stand-by Pump Station 350KW Generator & Truck 287,000 Total 410,100 342 - Odor and Corrosion Control VOC Meter Replacement 10,500 Volatile Organic Compound Meter - replacement 10,500 Total 21,000 840 - Plant No. 2 Operations Chem Scan Analyzer model UV-4100 65,000 Total 65,000 850 - Mechanical & Reliability Maintenance CSI 2600 Machinery Health Expert - Upgrade from 12 Channels to 24 10,000 Total 10,000 860 - Instrumentation & Electrical Maintenance Cable, Control Wiring & Fiber Analyzer 11,300 Motor Operated Valve Simulator 12,400 PLC Communication Network Equipment 33,500 Portable 70KVA Generator ("Whisper Quiet") 47,200 Process Control Network Ethernet Analyzer 8,800 Ultrasonic Detection System 16,300 Vibration Analysis Test Unit 13,100 Total 142,600 890 - Environmental Laboratory & Ocean Monitoring Upgrade of Air Concentrator and Air Autosampler 82,400 Gel Permeation Cleanup Auto-sampler 24,700 Purge & Trap GC/MS system for EPA method 624 136,500 Refrigerated Auto-Sampler 43,300 Sample Rack & Vacuum Cover - solvent concentrator 8,100 Total 295,000 Total Proposed 2013-14 CORF Equipment Budget $ 1,720,000 A - 18 FY 2013-14 Budget Update Listing of Proposed Purchases Over $100,000 Resolution 07-04, “Establishing Policies and Procedures For: The Award of Purchase Orders and Contracts; Public Works Project Contracts; Professional Services Contracts; and Delegation of Authority to Implement Said Policies and Procedure,” was adopted by the Board on February 28, 2007. Article IV, Section 4.03(B) of the Resolution provides that, “Purchases of supplies, materials, equipment or services, including Professional Service Consultants…as outlined in each Fiscal Year’s annual budget, to include capital equipment, shall be bid and awarded directly by the Contracts/Purchasing Manager.” The annual authorization amount for a multi-year contract is determined in the year the contract is bid/let. Therefore, the contract authorization amount indicated herein is valid only when the contract is bid/let in FY 2013-14. Following are services or supply items identified in the budget process with a cost greater than $100,000. Staff requests the Board approve the purchase of these items and those listed in the Proposed Equipment Budget Detail listing without further Board action in accordance with the referenced policy. Contract Change Order Description of Services or Supplies Division Authorization Contingency (1) Chemical Contracts Calcium nitrate for odor and corrosion control 342$ 705,000 0% (2) Caustic soda (50%) for odor and corrosion control 342 618,000 0% (2) Ferrous chloride for odor and corrosion control 342 2,139,000 0% (2) Magnesium hydroxide for odor and corrosion control 342 2,570,000 0% (2) Anionic polymers for primary treatment 830/840 378,000 0% (2) Bleach for disinfection and odor control 830/840 716,000 0% (2) Cationic polymers for solids dewatering and coagulation 830/840 1,642,000 0% (2) Caustic soda (25%) for odor and corrosion control 830/840 128,220 0% (2) Ferric chloride for primary treatment 830/840 4,754,700 0% (2) Hydrogen peroxide for odor control 830/840 1,177,600 0% (2) Other Contracts Auditing services - audit PDSA and construction contract change orders 230 100,000 10% Contractual resources contract 230 208,000 10% Uniform contract 230 300,000 10% Copy center managed services 250 230,000 10% IBM software maintenance 250 215,000 10% License and service maintenance of plant security systems 250 110,000 10% Microsoft Enterprise License Agreement 250 225,000 10% Oracle software maintenance 250 145,000 10% Outside reprographics services 250 400,000 10% Telecommunication services 250 200,000 10% Hazardous waste disposal 260 175,000 10% OCIP broker 260 150,000 10% Safety training services 260 110,000 10% Security 260 450,000 10% CCTV services for sewers 330 468,000 10% Contract traffic control 330 105,000 10% CenGen engine overhaul 330 720,000 10% Janitorial services 330 444,840 10% Landscape maintenance 330 160,720 10% Manhole frame and cover purchase 330 100,000 10% Manhole frame and cover replacement 330 235,000 10% Manhole structural repair and coating services 330 302,000 10% On-call architect and engineering consultant 330 100,000 10% On-call contractor for facilities repair jobs 330 250,000 10% On-call structural engineer 330 100,000 10% Pipeline rehabilitation 330 246,000 10% Process area coating contract 330 680,000 10% Sewer line cleaning 330 360,000 10% NPDES permit fees 790 540,000 10% Carbon replacement 830/840 300,000 10% Grit and screenings hauling and disposal 830/840 756,000 10% Oxygen plant operation 830/840 572,800 10% Solids removal 830/840 17,940,000 10% Gate and door repair services 850 130,000 10% General labor service 850 200,000 10% Plumbing services 850 175,000 10% Arc Flash Study 860 100,000 10% Carbon filter replacements for digester gas cleaning 860 134,000 10% CenGen generator rehabilitation 860 130,000 10% Electric protective relay calibration and testing 860 200,000 10% GAP water 860 900,000 10% Natural gas 860 437,000 10% Total$ 44,632,880 Note 1: The change order contingency is for the lifetime of the contract and is based on the annual authorized amount in the year the contract is bid/let. [For example, a three-year contract which is authorized for an annual contract amount of $300,000 with a 10% change order contingency must be initially bid/let for less than or equal to $300,000; over the life of the contract, the total change orders may not exceed 10% of $300,000, or $30,000.] Note 2: Once a chemical contract is bid/let, there is no increase in unit cost allowed without Board approval. A - 19 Return to Agenda Report Self-Funded Insurance Plans SELF-FUNDED INSURANCE PLANS The General Liability and Property program and the Workers’ Compensation program provide for the District to be partially self-insured for general liability and workers’ compensation. The in-lieu premiums charged to the operating divisions are the revenue source for these programs. Expenses primarily consist of settlement claims, legal fees and excess loss insurance premiums. Ending Reserve Balances are projected at $57 million. General Liability and Property The District’s current excess general liability insurance coverage is $30 million per occurrence with an annual aggregate limit and with a self-insured retention of $250,000 and $500,000 for EPLI. The District’s current property insurance coverage is $1 billion for perils of fire and $300 million for perils of flood, subject to a self-insured retention of 5 percent per unit of insurance up to $250,000 for fire and $100,000 for flood. The District is completely self-insured for earthquake. In order to maintain the reserve balance of $55 million for the General Liability and Property program, appropriations for in-lieu premiums charged to operating divisions are recommended at $908,800 for FY 2013-14. Workers’ Compensation The District’s current excess workers’ compensation coverage has unlimited statutory coverage per occurrence and $4.5 million employer’s liability per employee with a self-insured retention of $500,000 per person per occurrence. In order to maintain the reserve balance of $2 million for the Workers’ Compensation program, appropriations for in-lieu premiums charged to operating divisions are recommended at $455,000 for FY 2013-14. FY 2013-14 Self-Insurance Program Budget General Liability Workers' Total & Property Compensation Self-Insurance DESCRIPTION OR ACCOUNT TITLE Program Program Program Beginning Reserves $ 55,579,300 $ 2,185,840 $ 57,765,140 Revenues In-Lieu Premiums 908,800 455,000 1,363,800 Claims Reimbursement from Other Funds - - - Service Department Allocation 24,100 - 24,100 Total Revenues 932,900 455,000 1,387,900 Expenses Benefits/Claims 100,000 320,000 420,000 Contractual Services 1,200 25,000 26,200 Legal Services 75,000 75,000 150,000 Professional Services 5,000 40,000 45,000 Policy Premium Expense 1,331,000 180,000 1,511,000 Total Expenses 1,512,200 640,000 2,152,200 Excess Revenue (Expenses) (579,300) (185,000) (764,300) Ending Reserves $ 55,000,000 $ 2,000,840 $ 57,000,840 A - 20 2013-14 Budget Update Historical Staffing Summary Authorized Authorized Authorized Authorized Proposed Department and Division Name FTEs FTEs FTEs FTEs FTEs 2009-10 2010-11 2011-12 2012-13 2013-14 Office of the General Manager General Management Administration 4.00 5.00 3.00 5.00 6.00 Assistant General Manager Administration 1.00 - - - - Board Services 2.00 2.00 2.00 3.00 5.00 Public Affairs 8.00 8.00 8.00 6.00 3.00 Department Subtotal 15.00 15.00 13.00 14.00 14.00 Human Resources Department Human Resources - - 20.00 16.00 18.00 Department Subtotal - - 20.00 16.00 18.00 Administrative Services Department Administrative Services 3.00 5.00 5.00 3.00 3.00 Financial Management 19.00 18.00 17.00 18.00 18.00 Contracts, Purchasing & Materials Management 28.75 28.75 30.75 29.75 31.00 Human Resources 17.00 27.00 - - - Information Technology 32.00 33.00 45.00 48.00 47.00 Safety & Health 9.00 - - - - Risk Management - - 13.00 12.00 11.00 Department Subtotal 108.75 111.75 110.75 110.75 110.00 Facilities Support Services Department Facilities Support Services Administration - - 3.75 3.00 3.00 Facilities Support - - 18.00 19.00 3.00 Equipment Rebuild - - - - 8.00 Fleet Services - - - - 8.00 Facilities Engineering - - 13.00 13.00 11.00 Collections - - 49.00 46.00 - NPDES Source Inspection - - - - 16.00 Odor and Corrosion Control - - - - 6.00 Collection Facilities O&M - - - - 23.00 Department Subtotal - - 83.75 81.00 78.00 Technical Services Department Technical Services Administration 4.00 4.00 - - - Environmental Compliance & Regulatory Affairs 16.00 15.00 - - - Environmental Laboratory & Ocean Monitoring 46.50 43.50 - - - Source Control 39.00 40.00 - - - Department Subtotal 105.50 102.50 - - - Engineering Department Engineering Administration 2.00 2.00 2.00 2.00 2.00 Planning 17.00 9.00 12.00 15.00 18.00 Project Management Office 19.00 18.00 17.00 19.00 20.00 Engineering & Construction 57.50 57.50 58.50 57.00 51.00 Facilities Engineering 10.00 9.00 - - - Asset Management - 25.00 6.00 - - Environmental Compliance - - 33.00 32.00 32.00 Department Subtotal 105.50 120.50 128.50 125.00 123.00 Operations & Maintenance Department Operations & Maintenance Administration 2.00 3.00 2.75 3.00 3.00 Odor & Corrosion Control 14.50 9.50 - - - Plant No. 1 Operations 45.75 49.75 52.75 54.00 54.00 Plant No. 2 Operations 48.00 47.00 47.00 47.00 48.00 Building, Grounds, and Mechanical Maintenance 59.00 58.00 62.00 61.00 62.00 Instrumentation & Electrical Maintenance 76.00 63.00 75.00 75.00 75.00 Collection Facilities Operations & Maintenance 27.00 26.00 - - - Facilities Maintenance & Fleet Services 34.00 35.00 - - - Environmental Laboratory & Ocean Monitoring - - 41.50 41.00 41.00 Department Subtotal 306.25 291.25 281.00 281.00 283.00 Grand Total - All Departments 641.00 641.00 637.00 627.75 626.00 A – 21 Return to Agenda Report Historical Staffing Detail Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 Office of the General Manager 110 General Management Administration General Manager 1.00 1.00 1.00 1.00 1.00 Assistant General Manager - 1.00 1.00 1.00 1.00 Management Discretion 2.00 2.00 - 2.00 2.00 Principal Staff Analyst - - - - 1.00 Secretary to the General Manager 1.00 1.00 1.00 1.00 1.00 Total General Management Administration 4.00 5.00 3.00 5.00 6.00 150 Assistant General Manager Administration Assistant General Manager 1.00 - - - - Total Asst. General Management Administration 1.00 - - - - 120 Board Services Clerk of the Board 1.00 1.00 1.00 1.00 1.00 Records Management Specialist - - - - 1.00 Associate Clerk of the Board II 1.00 1.00 1.00 - - Administrative Assistant - - - 1.00 1.00 Program Assistant - - - 1.00 2.00 Total Board Services 2.00 2.00 2.00 3.00 5.00 140 Public Affairs Public Affairs Manager 1.00 1.00 1.00 1.00 - Principal Public Affairs Specialist 2.00 2.00 2.00 2.00 - Senior Public Affairs Specialist 1.00 1.00 1.00 1.00 1.00 Public Affairs Specialist 1.00 1.00 1.00 - - Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Graphics Coordinator - - - - 1.00 Program Assistant - - - 1.00 - Office Assistant 2.00 2.00 2.00 - - Total Public Affairs 8.00 8.00 8.00 6.00 3.00 Total Office of the General Manager 15.00 15.00 13.00 14.00 14.00 Human Resources Department 160 Human Resources (formerly part of division 240) Director of Human Resources - - 1.00 1.00 1.00 Management Discretion - - 3.00 - Human Resources & Employee Relations Manager - - - 1.00 1.00 Human Resources Supervisor - - 1.00 - Principal Human Resources Analyst - - 1.00 1.00 2.00 Senior Human Resources Analyst - - 6.00 5.00 4.00 CMMS Technician II - - 1.00 - Associate Engineer l - - 1.00 - Human Resources Analyst - - 3.00 5.00 5.00 Executive Assistant - - - 1.00 1.00 Human Resources Assistant - - 2.00 1.00 2.00 Program Assistant - - 1.00 1.00 2.00 Total Human Resources - - 20.00 16.00 18.00 Total Human Resources Department - - 20.00 16.00 18.00 Administrative Services Department 210 Administrative Services Director of Finance & Administrative Services / Treasurer 1.00 1.00 1.00 1.00 1.00 Engineer - 1.00 - - - Principal Financial Analyst 1.00 1.00 1.00 1.00 1.00 Principal Staff Analyst - 1.00 1.00 - - Principal Environmental Specialist - - 1.00 - - Executive Assistant 1.00 1.00 1.00 1.00 1.00 Total Finance Administration 3.00 5.00 5.00 3.00 3.00 A – 22 2013-14 Budget Update Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 220 Financial Management Controller 1.00 1.00 1.00 1.00 1.00 Accounting Manager 2.00 1.00 1.00 - - Accounting Supervisor 1.00 2.00 2.00 3.00 3.00 Principal Accountant 3.00 3.00 3.00 3.00 3.00 Principal Financial Analyst 1.00 1.00 - - - Senior Accountant 1.00 1.00 1.00 1.00 1.00 Accountant/Staff Analyst 2.00 2.00 2.00 4.00 4.00 Contracts/Purchasing Assistant 1.00 - - - - Payroll Technician 2.00 2.00 2.00 2.00 2.00 Accounting Assistant II 5.00 5.00 5.00 4.00 4.00 Total Financial Management 19.00 18.00 17.00 18.00 18.00 230 Contracts, Purchasing & Materials Management Contracts & Purchasing Manager 1.00 1.00 1.00 1.00 1.00 Contracts Supervisor 1.00 1.00 1.00 1.00 1.00 Principal Contracts Administrator 2.00 2.00 2.00 2.00 2.00 Purchasing Supervisor 1.00 1.00 1.00 1.00 1.00 Materials Control Supervisor 1.00 1.00 - - 1.00 Senior Contracts Administrator 2.75 2.75 2.75 2.75 3.00 Principal Buyer - - - - 1.00 Planner/Scheduler - - 1.00 - - Contracts Administrator 3.00 3.00 3.00 3.00 3.00 Senior Buyer 2.00 2.00 2.00 2.00 1.00 Buyer 2.00 2.00 2.00 2.00 2.00 Contracts/Purchasing Assistant 4.00 4.00 5.00 5.00 5.00 Lead Storekeeper 3.00 3.00 2.00 2.00 2.00 Senior Storekeeper 3.00 3.00 4.00 3.00 3.00 Storekeeper 3.00 3.00 4.00 5.00 5.00 Total Contracts, Purchasing & Materials Management 28.75 28.75 30.75 29.75 31.00 240 Human Resources Human Resources & Employee Relations Manager 1.00 1.00 - - - Human Resources Supervisor 2.00 2.00 - - - Safety & Health Supervisor - 1.00 - - - Principal Human Resources Analyst 1.00 1.00 - - - Safety & Health Specialist - 3.00 - - - Security & Emergency Planning Specialist - 1.00 - - - Senior Human Resources Analyst 5.00 6.00 - - - Human Resources Analyst 3.00 3.00 - - - Safety & Health Representative - 2.00 - - - Human Resources Assistant 3.00 5.00 - - - Program Assistant 1.00 1.00 - - - Interns for agency 1.00 1.00 - - - Total Human Resources 17.00 27.00 - - - 250 Information Technology Information Technology Systems & Operations Manager 1.00 1.00 1.00 1.00 1.00 Information Technology Manager 2.00 2.00 2.00 2.00 2.00 Information Technology Supervisor - - 1.00 1.00 1.00 Principal Information Technology Analyst 6.00 6.00 6.00 6.00 6.00 Principal Public Affairs Specialist - - - - 1.00 Senior Information Technology Analyst 9.00 10.00 10.00 10.00 9.00 Information Technology Analyst III 4.00 4.00 2.00 3.00 3.00 Engineering Associate - - 1.00 1.00 1.00 Records Management Specialist 1.00 1.00 1.00 1.00 - CMMS Technician II - - 5.00 - - Data Management Technician II - - - 7.00 7.00 Information Technology Analyst II 3.00 3.00 3.00 5.00 6.00 Engineering Data Management Technician II - - 3.00 - - CMMS Technician I - - 1.00 - - Data Management Technician I - - - 6.00 5.00 Information Technology Analyst I 2.00 2.00 2.00 - - Engineering Assistant II - - 1.00 - - Staff Analyst 1 .00 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Engineering Assistant I - - 1.00 - - Information Technology Technician II 2.00 2.00 2.00 1.00 1.00 Information Technology Technician I - - - 1.00 1.00 Program Assistant - - 1.00 1.00 1.00 Total Information Technology 32.00 33.00 45.00 48.00 47.00 A – 23 Return to Agenda Report Historical Staffing Detail Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 260 Risk Management (formerly part of division 240) Risk Manager - - 1.00 1.00 - Safety & Health Supervisor - - 1.00 1.00 1.00 Principal Financial Analyst - - 1.00 1.00 1.00 Safety & Health Specialist - - 2.00 2.00 2.00 Security & Emergency Planning Specialist - - 1.00 1.00 1.00 Information Technology Analyst III - - 1.00 - - Occupational Health Nurse - - 1.00 1.00 1.00 Senior Safety & Health Representative - - 1.00 1.00 1.00 Safety & Health Representative - - 3.00 3.00 3.00 Administrative Assistant - - 1.00 1.00 1.00 Total Human Resources - - 13.00 12.00 11.00 153 Safety & Health Safety & Health Manager 1.00 - - - - Safety & Health Supervisor 1.00 - - - - Safety & Health Specialist 3.00 - - - - Security & Emergency Planning Specialist 1.00 - - - - Safety & Health Representative 2.00 - - - - Human Resources Assistant 1.00 - - - - Total Safety & Health 9.00 - - - - Total Administrative Services Department 108.75 111.75 110.75 110.75 110.00 Facilities Support Services Department 310 Facilities Support Services Administration Director of Facilities Support - - 1.00 1.00 1.00 Principal Financial Analyst - - 1.00 1.00 1.00 Executive Assistant - - 1.00 1.00 1.00 Intern - - 0.75 - - Total Facilities Support Services Administration - - 3.75 3.00 3.00 320 Facilities Support Facilities Manager - - 1.00 1.00 1.00 Maintenance Supervisor - - 2.00 2.00 - Senior Public Affairs Specialist - - - 1.00 - Senior Staff Analyst - - - - 1.00 Lead Mechanic - - 1.00 1.00 - Machinist - - 1.00 1.00 - Automotive/ Heavy Equipment Technician - - 3.00 3.00 - Equipment Operator - - 2.00 2.00 - Senior Mechanic - - 3.00 3.00 - Welder/Fabricator - - 3.00 3.00 - Automotive/ Heavy Equipment Assistant - - 1.00 1.00 - Office Assistant - - 1.00 1.00 1.00 Total Equipment / Rebuild - - 18.00 19.00 3.00 321 Equipment Rebuild (formerly part of division 320) Maintenance Supervisor - - - - 1.00 Machinist - - - - 1.00 Senior Mechanic - - - - 3.00 Welder/Fabricator - - - - 3.00 Total Equipment / Rebuild - - - - 8.00 322 Fleet Services (formerly part of division 320) Maintenance Supervisor - - - - 1.00 Lead Mechanic - - - - 1.00 Automotive/ Heavy Equipment Technician - - - - 3.00 Mobile Crane Operator - - - - 2.00 Automotive/ Heavy Equipment Assistant - - - - 1.00 Total Equipment / Rebuild - - - - 8.00 330 Facilities Engineering (formerly division 770) Engineering Manager - - 1.00 1.00 1.00 Engineering Supervisor - - 1.00 1.00 - Senior Engineer - - 1.00 1.00 1.00 Engineer - - 2.00 2.00 2.00 Materials Control Supervisor - - 1.00 1.00 - Associate Engineer - - - 1.00 3.00 Maintenance Specialist - - 4.00 4.00 2.00 Senior Engineering Associate - - 1.00 - - Engineering Associate - - 1.00 1.00 1.00 Administrative Assistant - - 1.00 1.00 1.00 Total Facilities Engineering - - 13.00 13.00 11.00 A – 24 2013-14 Budget Update Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 340 Collection Facilities Source Control Manager - - 1.00 - - Engineering Supervisor - - 3.00 3.00 - Maintenance Supervisor - - 2.00 1.00 - Associate Engineer - - - 1.00 - Associate Engineer lll - - 1.00 - - Principal Environmental Specialist - - 1.00 1.00 - Senior Environmental Specialist - - 3.00 3.00 - Source Control Inspector II - - 9.00 9.00 - Lead Mechanic - - 5.00 5.00 - Administrative Assistant - - 1.00 1.00 - Senior Mechanic - - 9.00 9.00 - Engineering Assistant I - - 1.50 1.00 - Environmental Technician - - 4.00 4.00 - Mechanic - - 8.00 8.00 - Intern - - 0.50 - - Total Collection Facilities - - 49.00 46.00 - 341 NPDES Source Inspection Engineering Supervisor - - - - 1.00 Principal Environmental Specialist - - - - 1.00 Senior Environmental Specialist - - - - 1.00 Source Control Inspector II - - - - 9.00 Administrative Assistant - - - - 1.00 Environmental Technician - - - - 3.00 Total NPDES Source Inspection - - - - 16.00 342 Odor and Corrosion Control Engineering Supervisor - - - - 1.00 Associate Engineer - - - - 1.00 Senior Environmental Specialist - - - - 2.00 Engineering Assistant I - - - - 1.00 Environmental Technician - - - - 1.00 Total Odor & Corrosion Control - - - - 6.00 343 Collection Facilities O&M Maintenance Supervisor - - - - 2.00 Lead Mechanic - - - - 5.00 Senior Mechanic - - - - 8.00 Mechanic - - - - 8.00 Total Collection Facilities O&M - - - - 23.00 Total Facilities Support Services Department - - 83.75 81.00 78.00 Technical Services Department 610 Technical Services Administration Director of Technical Services 1.00 1.00 - - - Senior Engineer 1.00 1.00 - - - Associate Engineer III 1.00 1.00 - - - Executive Assistant 1.00 1.00 - - - Total Technical Services Administration 4.00 4.00 - - - 620 Environmental Compliance & Regulatory Affairs Environmental Assessment Manager 1.00 1.00 - - - Environmental Supervisor 2.00 1.00 - - - Senior Engineer 1.00 - - - - Senior Scientist 1.00 1.00 - - - Engineer 1.00 - - - - Regulatory Specialist 2.00 2.00 - - - Associate Engineer III 1.00 1.00 - - - Principal Environmental Specialist 1.50 1.50 - - - Principal Laboratory Analyst - 1.00 - - - Senior Environmental Specialist 3.50 3.50 - - - Administrative Assistant 1.00 1.00 - - - Program Assistant - 1.00 - - - Intern 1.00 1.00 - - - Total Environmental Compliance 16.00 15.00 - - - A – 25 Return to Agenda Report Historical Staffing Detail Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 630 Environmental Laboratory and Ocean Monitoring Laboratory Manager 1.00 1.00 - - - Environmental Supervisor 1.00 1.00 - - - Laboratory Section Supervisor 3.00 3.00 - - - LIMS Administrator 1.00 - - - - Senior Scientist 3.00 3.00 - - - Scientist 2.00 2.00 - - - Principal Environmental Specialist 2.00 2.00 - - - Principal Laboratory Analyst 8.00 7.00 - - - Senior Environmental Specialist 5.00 6.00 - - - Senior Laboratory Analyst 11.00 10.00 - - - Environmental Specialist 1.00 1.00 - - - Laboratory Analyst 4.00 3.00 - - - Administrative Assistant 1.00 1.00 - - - Laboratory Assistant 3.00 3.00 - - - Intern 0.50 0.50 - - - Total Environmental Laboratory and Ocean Monitoring 46.50 43.50 - - - 640 Source Control Source Control Manager 1.00 1.00 - - - Engineering Supervisor 2.00 3.00 - - - Senior Engineer - 1.00 - - - Senior Regulatory Specialist 1.00 1.00 - - - Engineer 6.00 6.00 - - - Regulatory Specialist 1.00 - - - - Source Control Supervisor 1.00 1.00 - - - Associate Engineer III 3.00 3.00 - - - Principal Environmental Specialist 2.00 2.00 - - - Senior Environmental Specialist 2.00 2.00 - - - Source Control Inspector II 11.00 11.00 - - - Administrative Assistant 1.00 1.00 - - - Environmental Technician 3.00 3.00 - - - Program Assistant 4.00 4.00 - - - Office Assistant 1.00 1.00 - - - Total Source Control 39.00 40.00 - - - Total Technical Services Department 105.50 102.50 - - - Engineering Department 710 Engineering Administration Assistant General Manager - - 1.00 1.00 - Director of Engineering 1.00 1.00 - - 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 Total Engineering Administration 2.00 2.00 2.00 2.00 2.00 740 Planning Engineering Manager 1.00 1.00 1.00 1.00 1.00 Engineering Supervisor 2.00 1.00 1.00 1.00 1.00 Senior Engineer 2.00 1.00 4.00 5.00 4.00 Engineer 1.00 1.00 1.00 3.00 5.00 Principal Staff Analyst 1.00 1.00 - - 1.00 Utilities Management Specialist - - - 1.00 - Associate Engineer - - - 1.00 2.00 Associate Engineer III - - 1.00 - - Principal Environmental Specialist - - - - 1.00 Senior Engineering Associate 1.00 1.00 1.00 1.00 - Assistant Engineer - - - 1.00 1.00 Associate Engineer lI - - 1.00 - - Engineering Associate 2.00 1.00 1.00 - - Senior Staff Analyst - - - - 1.00 Engineering Data Management Technician II 2.00 - - - - Associate Engineer l 1.00 1.00 - - - Engineering Assistant II 1.00 - - - - Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Engineering Assistant I 2.00 - - - - Total Planning 17.00 9.00 12.00 15.00 18.00 A – 26 2013-14 Budget Update Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 750 Project Management Office Engineering Manager 1.00 1.00 1.00 1.00 1.00 CIP Project Management Supervisor 1.00 1.00 1.00 1.00 - Engineering Supervisor 1.00 - - - 1.00 Program Controls Supervisor - 1.00 1.00 - - Project Controls Supervisor - - - - 1.00 Capital Improvement Program Project Manager 7.00 6.00 6.00 8.00 8.00 Principal Project Controls Analyst 1.00 1.00 1.00 1.00 1.00 Engineer - - - - 1.00 Principal Engineering Data Management Specialist 1.00 1.00 - - - Principal Staff Analyst 2.00 1.00 2.00 2.00 1.00 Cost Estimator 1.00 1.00 1.00 1.00 1.00 Planner/Scheduler 1.00 1.00 1.00 1.00 1.00 Senior Staff Analyst - 1.00 1.00 1.00 2.00 Engineering Assistant II 1.00 1.00 1.00 1.00 - Administrative Assistant 1.00 1.00 - 1.00 1.00 Office Assistant 1.00 1.00 1.00 1.00 1.00 Total Project Management Office 19.00 18.00 17.00 19.00 20.00 760 Engineering & Construction Engineering Manager 1.00 1.00 1.00 1.00 1.00 Engineering Supervisor 4.00 3.00 3.00 3.00 3.00 Senior Construction Inspection Supervisor 1.00 1.00 1.00 1.00 1.00 Senior Engineer 8.00 8.00 8.00 8.00 8.00 Construction Inspection Supervisor 2.00 2.00 2.00 1.00 1.00 Engineer 10.00 13.00 15.00 14.00 10.00 Associate Engineer - - - 3.00 2.00 Associate Engineer lII 4.00 3.00 2.00 - - Senior Engineering Associate 1.00 1.00 1.00 1.00 - Senior Construction Inspector 7.00 7.00 7.00 7.00 7.00 Assistant Engineer - - - 1.00 1.00 Associate Engineer lI - 1.00 1.00 - - Senior Staff Analyst 1.00 - - 1.00 - Construction Inspector 10.00 10.00 9.00 9.00 9.00 Associate Engineer l 1.00 - 1.00 - - Engineering Assistant II 2.00 2.00 2.00 3.00 3.00 Public Affairs Specialist 1.00 1.00 1.00 - - Staff Analyst - - - 1.00 1.00 Administrative Assistant 3.00 3.00 3.00 2.00 2.00 Engineering Assistant I 1.00 1.00 1.00 1.00 1.00 Program Assistant - - - - 1.00 Intern 0.50 0.50 0.50 - - Total Engineering & Construction 57.50 57.50 58.50 57.00 51.00 770 Facilities Engineering Engineering Manager 1.00 1.00 - - - Engineering Supervisor 1.00 1.00 - - - Senior Engineer - 1.00 - - - Engineer 5.00 3.00 - - - Associate Engineer II 1.00 1.00 - - - Engineering Associate 1.00 1.00 - - - Administrative Assistant 1.00 1.00 - - - Total Facilities Engineering 10.00 9.00 - - - 780 Asset Management Engineering Manager - 1.00 1.00 - - Engineering Supervisor - 2.00 - - - Senior Engineer - 4.00 3.00 - - Principal Information Technology Analyst - 2.00 - - - Engineer - 3.00 1.00 - - Utilities Management Specialist - 1.00 1.00 - - Senior Information Technology Analyst - 3.00 - - - Information Technology Analyst III - 2.00 - - - Engineering Associate - 1.00 - - - Information Technology Analyst II - 1.00 - - - Engineering Data Management Technician II - 2.00 - - - Associate Engineer l - 1.00 - - - Engineering Assistant II - 1.00 - - - Engineering Assistant I - 1.00 - - - Total Asset Management - 25.00 6.00 - - A – 27 Return to Agenda Report Historical Staffing Detail Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 790 Environmental Compliance Environmental Compl & Reg Affairs Manager - - 1.00 1.00 1.00 Engineering Supervisor - - 2.00 2.00 2.00 Environmental Supervisor - - 1.00 1.00 1.00 Public Affairs Manager - - - - 1.00 Senior Scientist - - 1.00 1.00 1.00 Engineer - - 6.00 6.00 6.00 Regulatory Specialist - - 2.00 2.00 3.00 Associate Engineer - - - 4.00 4.00 Associate Engineer III - - 4.00 - - Principal Environmental Specialist - - 2.50 3.50 2.50 Principal Laboratory Analyst - - 1.00 1.00 - Senior Environmental Specialist - - 4.50 4.50 4.50 Administrative Assistant - - 2.00 1.00 1.00 Program Assistant - - 4.00 4.00 4.00 Office Assistant - - 1.00 1.00 1.00 Intern - - 1.00 - - Total Environmental Compliance - - 33.00 32.00 32.00 Total Engineering Department 105.50 120.50 128.50 125.00 123.00 Operations & Maintenance Department 810 Operations & Maintenance Administration Director of Operations & Maintenance 1.00 1.00 1.00 1.00 1.00 Operations Manager - - - - 1.00 Principal Financial Analyst - 1.00 - - - Senior Financial Analyst - - - 1.00 - Senior Staff Analyst - - - - 1.00 Executive Assistant 1.00 1.00 1.00 1.00 - Intern - - 0.75 - - Total Operations & Maintenance Administration 2.00 3.00 2.75 3.00 3.00 820 Odor & Corrosion Control Engineering Manager 1.00 1.00 - - - Senior Engineer 3.00 2.00 - - - Principal Financial Analyst 1.00 - - - - Regulatory Specialist 1.00 - - - - Scientist 1.00 - - - - Associate Engineer lll 2.00 1.00 - - - Associate Engineer ll 1.00 - - - - Senior Environmental Specialist 3.00 3.00 - - - Engineering Assistant I - 1.00 - - - Environmental Technician 1.00 1.00 - - - Intern 0.50 0.50 - - - Total Odor & Corrosion Control 14.50 9.50 - - - 830 Plant No. 1 Operations Engineering Manager - - - - 1.00 Engineering Supervisor 1.00 Operations Manager 1.00 1.00 1.00 1.00 - Chief Plant Operator 1.00 1.00 1.00 1.00 1.00 Senior Engineer - 1.00 2.00 2.00 2.00 Engineer - 1.00 2.00 2.00 2.00 Operations Supervisor 7.00 7.00 7.00 6.00 6.00 Scientist - 1.00 1.00 1.00 1.00 Assistant Engineer - - - 2.00 2.00 Associate Engineer ll - 1.00 1.00 - - Senior Environmental Specialist - - 1.00 1.00 1.00 Lead Plant Operator 5.00 5.00 5.00 5.00 5.00 Senior Plant Operator 15.00 15.00 15.00 15.00 15.00 Administrative Assistant 0.75 0.75 0.75 - 1.00 Plant Operator 13.00 13.00 14.00 15.00 14.00 Control Center Technician 3.00 3.00 2.00 2.00 2.00 Program Assistant - - - 1.00 - Total Plant No. 1 Operations 45.75 49.75 52.75 54.00 54.00 A – 28 2013-14 Budget Update Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 840 Plant No. 2 Operations Chief Plant Operator 1.00 1.00 1.00 1.00 1.00 Operations Supervisor 7.00 7.00 7.00 6.00 6.00 Lead Plant Operator 5.00 5.00 5.00 5.00 5.00 Senior Plant Operator 13.00 12.00 12.00 14.00 14.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Equipment Operator 1.00 - - - - Plant Operator 19.00 20.00 20.00 19.00 20.00 Control Center Technician 1.00 1.00 1.00 1.00 1.00 Total Plant No. 2 Operations 48.00 47.00 47.00 47.00 48.00 850 Building, Grounds, and Mechanical Maintenance Maintenance Manager 1.00 1.00 1.00 1.00 1.00 Engineer - - - - 1.00 Utilities Management Specialist 1.00 - - - - Maintenance Supervisor 6.00 6.00 6.00 6.00 6.00 Associate Engineer - - - 1.00 1.00 Associate Engineer III 1.00 1.00 1.00 - - Maintenance Specialist - - 4.00 4.00 5.00 Senior Public Affairs Specialist 1.00 1.00 1.00 - - Reliability Maintenance Technician 2.00 2.00 2.00 4.00 4.00 Lead Mechanic 5.00 5.00 5.00 4.00 4.00 Machinist 1.00 1.00 - - - Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Senior Mechanic 33.00 33.00 30.00 30.00 29.00 Welder/Fabricator 3.00 3.00 - - - Lead Facilities Worker - - 2.00 1.00 1.00 Facilities Worker/Builder - - 3.00 3.00 3.00 Facilities Worker/Painter - - 2.00 2.00 2.00 Mechanic 2.00 2.00 2.00 2.00 2.00 Maintenance Worker 2.00 2.00 2.00 2.00 2.00 Total Building, Grounds, and Mechanical Maintenance 59.00 58.00 62.00 61.00 62.00 860 Instrumentation & Electrical Maintenance Engineering Manager - 1.00 1.00 1.00 1.00 Process Controls Manager 1.00 - - - - Engineering Supervisor 2.00 1.00 1.00 1.00 1.00 Senior Engineer 2.00 - 2.00 3.00 3.00 Principal Information Technology Analyst 2.00 - 2.00 1.00 1.00 Engineer 2.00 - 2.00 2.00 4.00 Senior Information Technology Analyst 3.00 - 3.00 3.00 4.00 Maintenance Supervisor 5.00 5.00 5.00 5.00 5.00 Information Technology Analyst III 2.00 - 2.00 2.00 2.00 Information Technology Analyst II 1.00 - 1.00 1.00 - Lead Electrical Technician 4.00 4.00 4.00 5.00 5.00 Lead Instrumentation Technician 3.00 3.00 3.00 3.00 3.00 Lead Power Plant Operator 1.00 1.00 1.00 1.00 1.00 Electrical Technician II 14.00 14.00 14.00 14.00 13.00 Instrumentation Technician II 19.00 19.00 18.00 18.00 15.00 Power Plant Operator II 9.00 9.00 9.00 8.00 8.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Power Plant Operator I 1.00 1.00 1.00 1.00 1.00 Electrical Technician I 1.00 1.00 1.00 1.00 2.00 Instrumentation Technician I 1.00 1.00 1.00 1.00 1.00 Maintenance Worker 2.00 2.00 3.00 3.00 4.00 Total Instrumentation & Electrical Maintenance 76.00 63.00 75.00 75.00 75.00 A – 29 Return to Agenda Report Historical Staffing Detail Authorized Authorized Authorized Authorized Proposed FTEs FTEs FTEs FTEs FTEs Division & Position 2009-10 2010-11 2011-12 2012-13 2013-14 870 Collection Facilities Operations & Maintenance Engineering Manager 1.00 - - - - Engineering Supervisor - 1.00 - - - Maintenance Supervisor 2.00 2.00 - - - Senior Engineering Associate 1.00 1.00 - - - Lead Mechanic 5.00 5.00 - - - Administrative Assistant 1.00 - - - - Senior Mechanic 9.00 9.00 - - - Mechanic 8.00 8.00 - - - Total Collection Facilities Operations & Maintenance 27.00 26.00 - - - 880 Facilities Maintenance & Fleet Services Facilities Manager 1.00 1.00 - - - Maintenance Supervisor 4.00 4.00 - - - Maintenance Specialist 7.00 6.00 - - - CMMS Technician II 6.00 7.00 - - - CMMS Technician I - 1.00 - - - Lead Mechanic 1.00 1.00 - - - Administrative Assistant - 1.00 - - - Automotive/ Heavy Equipment Technician 3.00 3.00 - - - Equipment Operator 2.00 2.00 - - - Engineering Assistant I 1.00 - - - - Lead Facilities Worker 2.00 2.00 - - - Facilities Worker/Builder 3.00 3.00 - - - Facilities Worker/Painter 2.00 2.00 - - - Automotive/ Heavy Equipment Assistant 1.00 1.00 - - - Office Assistant 1.00 1.00 - - - Total Facilities Maintenance & Fleet Services 34.00 35.00 - - - 890 Environmental Laboratory and Ocean Monitoring (formerly division 630) Environmental Lab & Ocean Monitoring Manager - - 1.00 1.00 1.00 Environmental Supervisor - - 1.00 1.00 1.00 Laboratory Supervisor - - 2.00 2.00 2.00 Senior Scientist - - 3.00 4.00 3.00 Scientist - - 1.00 1.00 1.00 Principal Environmental Specialist - - 3.00 3.00 2.00 Principal Laboratory Analyst - - 7.00 6.00 6.00 Senior Environmental Specialist - - 6.00 5.00 6.00 Boat Captain - - - 1.00 1.00 Senior Laboratory Analyst - - 10.00 11.00 10.00 Environmental Specialist - - - - 1.00 Laboratory Analyst - - 3.00 2.00 3.00 Administrative Assistant - - 1.00 1.00 1.00 Laboratory Assistant - - 3.00 3.00 3.00 Intern - - 0.50 - - Total Environmental Laboratory and Ocean Monitoring - - 41.50 41.00 41.00 Total Operations & Maintenance Department 306.25 291.25 281.00 281.00 283.00 Grand Total, All Departments 641.00 641.00 637.00 627.75 626.00 A – 30 2013-14 Budget Update Appropriations Limit In certain situations, proceeds of taxes Article XIIIB of the California State Constitution, may be spent on emergencies without more commonly referred to as the Gann Initiative having to reduce the limit in future years. or Gann Limit, was adopted by California voters in 1980. The Gann Limit placed limits on the amount Each agency also conducts a review of its of proceeds of taxes that state and local Appropriations Limit during its annual governmental agencies can receive and financial audit. appropriate (authorize to spend) each year. The law requires a governing body to annually The limit is different for each agency and the limit adopt, by resolution, an appropriations limit for the changes each year. The annual limit is based on following year, along with a recorded vote the amount of tax proceeds that were authorized regarding which of the annual adjustment factors to be spent in fiscal year 1978-79 in each agency, have been selected. The Orange County modified for changes in inflation and population in Sanitation District’s appropriations limit and each subsequent year. annual adjustment factors are adopted at the same meeting as the budget. The adjustment Proposition 111 was passed by the State’s voters factors used for 2013-14 are the weighted in June 1990. This legislation made changes to average change in city population and the change the manner in which the Appropriations Limit is to in state per capita personal income. be calculated: The following table shows the annual The annual adjustment factors for inflation appropriations limit for each of the last two years and population have been changed. and the appropriations limit and the Instead of using the lesser of California appropriations, or proceeds from taxes, for per capita income, or U.S. CPI, each 2013-14. The increase in the limit is based upon agency may choose either the growth in population changes ranging from 0.45% to 1.78% the California per capita income, or the for major cities within the District as provided by growth in assessed valuation due to new the State Department of Finance and a per capita non-residential construction within the personal income change of 5.12% as provided by district. For population, instead of using the State Department of Finance. only the population growth of an agency, each agency may choose to use the Annual Appropriation Limits: population growth within its county. 2011-12 $81,888,000 These are both annual elections. 2012-13 $85,835,000 2013-14 $90,880,000 The revised annual adjustment factors will be applied to the 1986-87 limit for most Proceeds of Taxes (Appropriations) agencies and each year in between in order to calculate the 1990-91 limit. The 2013-14 $73,699,000 actual limits for the intervening years, however, are not affected. As a result of the July 1998 consolidation of the District, a single limit is presented in contrast to Expenditures for “qualified capital outlay”, individual limits shown in years prior to 1998. which are capital assets with a value of Population changes for representative cities have more than $100,000 and an expected life continued to be used in order to ensure of 10 years or more, are excluded from consistency and to eliminate significant population the limit. growth in parts of the County outside of the District’s service area. This method results in a An agency which exceeds the limit in any lower limit than using the County-wide change. one year may choose to not give a tax refund if they fall below the limit in the next fiscal year. They then have two more years to refund any remaining excess or to obtain a successful override vote. A - 31 Return to Agenda Report Miscellaneous Statistics General Information Year of Formation ...... 1948 Miles of Sewers ...... 572 miles Form of Government ...... County Sanitation District On-Plant Pump Station…………… ...... ……………………..2 Authority ...... Section 4700 et. seq. Off-Plant Pump Stations ...... 15 ...... California Health & Safety Code Operating Authority ...... RWQCB/NPDES Permit No. Service Area ...... 479 sq. miles ………………… ...... ………………………………CA0110604 Service Population ...... Approximately 2.5 million ……………… ...... …..Statewide WDR Order No. 2006-0003 2012-13 Assessed Value ...... $316.4 billion 2013-14 Authorized Staff (Full-Time Equivalent) ...... 626.00 Treatment Information Daily Influent Flow to Total Primary 2011-12 Influent BOD: Capacity Comparison (in mgd) Plant No. 1 ...... 310 milligrams per liter 372 Plant No. 2 ...... 210 milligrams per liter 400 2011-12 Influent Suspended Solids: 300 204 Plant No. 1 ...... 339 milligrams per liter 200 168 Plant No. 2 ...... 286 milligrams per liter 200 97 103 2011-12 Effluent BOD ...... 10.3 milligrams per liter 100 2011-12 Effluent Suspended Solids ...... 7.6 milligrams per liter 0 Plant 1 Plant 2 Total 2011-12 Biosolids Produced & Reused ...... 280,547 wet tons 2012-13 Est. Influent Capacity - Primary Treatment Primary Treatment Capacity (includes standby): 2012-13 Estimated Average Daily Influent: Plant No. 1 ...... 204 mgd Plant No. 1 ...... 97 mgd Plant No. 2 ...... 168 mgd Plant No. 2 ...... 103 mgd TOTAL ...... 372 mgd TOTAL ...... 200 mgd Secondary Treatment Capacity: 2012-13 Estimated Electricity Generated: Plant No. 1 ...... 182 mgd Plant No. 1 ...... 30,850,000 kwh Plant No. 2 ...... 150 mgd Plant No. 2 ...... 33,770,000 kwh TOTAL ...... 332 mgd TOTAL ...... 64,620,000 kwh Legend: mgd – million gallons per day kwh – kilowatts per hour Financial Information 2013-14 2013-14 2011-12 2012-13 Originally Updated Actual Projected Proposed Proposed Fees and Charges: One-Time 3-Bedroom Residence Connection $3,341.00 $3,369.00 $3,369.00 $3,430.00 Average Annual Single-Family Residence Fee $267.00 $294.00 $306.00 $308.00 Local SFR Fee $212.00 $216.00 $225.00 $216.00 District's Avg. Share of Ad Valorem Property Tax 1.80% 1.80% 1.80% 1.80% Cost to Collect, Treat, & Dispose of 1 Million Gallons $1,968.48$ 2,016.31 $ 2,051.65 $ 1,992.66 Summary of COP Issues: August 2000 Refunding / New Money$ 80,600,000 May 2010A New Money 80,000,000 May 2007A Refunding 92,620,000 November 2010C New Money 157,000,000 December 2007B New Money 273,400,000 September 2011A Refunding 140,195,000 May 2008A Refunding 19,195,000 February 2012A Refunding 100,645,000 September 2008B New Money 26,075,000 August 2012B Refunding 66,395,000 April 2009A New Money 187,765,000 October 2012C Refunding 131,700,000 Total Outstanding COP Balance 7/1/13$ 1,355,590,000 A - 32 ment Process Di-agram 4. PRIMARY TREATMENT Following preliminary treatment, the wastewater is pumped to large settling basins (for about two hours) where liquids and solids separate. The heavier solids settle and·are scraped off the bottom, and the lighter material is skimmed off the top of the basins. The materials that are removed are sent to solids processing facilities. Adding coagulants to the raw wastewater improves settling 3. AIR EMISSIONS CONTROL ottbe solids resulting in "advanced primary' treated wastewater. The treated LAND APPLICATION Chemical and biological scrubbers wasTuWatQeither pumped to secondary treatment facilities or blended into clean the air extracted from the various the fmal tr~ed effluent. enclosed treatment facilities. 6. SO LIDS PROCESSING Solids removed during the treatment processes are pumped ioto 2. CHEMICAL ADDITION digesters where they undergo natural decomposition ior 20-30i!ays~ - Half the solids convert to a gas mostly made up of methane, which 1s Hydrogen peroxide is added to the incoming wastewater sent to our own energy recovery facilities. to help reduce hydrogen sulfide and control odors. Chemical coagulants are added to the wastewater .--- ...-• The remaining solids are pumped to dewatering facilities to enhance the primary settling process. to achieve a 23 percent solid material (with a cake-like i consistency) called biosolids. The biosolids are recycled for direct land application as a soil amendment ,,..__ or used to make fertilizer. Biosolids --...... __ Y::::;;;;; ~ can also be composted or sent to r r a landfill if "'"'"" 7. ENERGY RECOVERY In our Central Power Generation Facility, the methane gas derived from the digesters is used to power engine-generator units that produce the electricity used as the energy 1. PRELIMINARY TREATMENT source to operate both treatment plants. Wastewater passes through bar screens that trap and remove large and nonorganic materials. It then flows into grit chambers where the heaviest materials, such as egg shells, coffee grounds and sand, settle out. The materials removed during these 8. OCEAN OUTFALL PUMPING STATION processes are sent to a sanitary landfill. 5. SECONDARY TREATMENT The treated wastewater from both plants is Advanced primary treated wastewater blended and pumped after disinfection and dechlorination is pumped to aeration basins where into a large ocean outfall pipe. This facility has the capacity to pump microorganisms. called activated sludge, consume 480 million gallons of treated wastewater a day, which helps us handle the remaining organic solids. The wastewater is then pumped stormwater inflows, and will meet our capacity needs for many years. into settling basins where the activated sludge settles out. Most of it is scraped off the bottom and returned to the aeration basins to regenerate this process. and the excess is sent to solids processing. ~ Trickling filters provide similar treatment with microbes ~ living on media. /' ~ '!i_ :-.... TER INTRUSION BARRIER DWATER REPLENISHMENT SYSTEM 4iilll ITEM 26 MINUTES GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE STEERING COMMITTEE Monday, January 14, 2013, 5:00 p.m. ROLL CALL Committee Members Troy Edgar OCSD Director, Chairman ...... Present Roger Yoh OCWD Director, Vice Chairman ...... Present Philip L. Anthony OCWD Director ...... Present Jim Ferryman OCSD Director ...... Present Denis Bilodeau OCWD Director ...... Present John Anderson OCSD Director ...... Present Alternates Stephen Sheldon OCWD Director (No. 1) ...... Not Present Not Appointed OCSD Director (No. 1) ...... Open Cathy Green OCWD Director (No. 2) … ……………… Present Tom Beamish OCSD Director (No. 2) ...... Not Present Not Appointed OCWD Director (No. 3) ...... Open Not Appointed OCSD Director (No. 3) ...... Open Other Directors Present Bruce Whitaker OCWD ...... Present Staff/Consultants Present Michael Markus, OCWD William Dunivin, OCWD Mehul Patel, OCWD Jim Herberg, OCSD Debbie Burris, DDB Wendy Sevenandt, OCSD William Hunt, OCWD John Collins TROY EDGAR, CHAIR REORGANIZATION OF STEERING COMMITTEE ANDERSON – MOTION YOH – SECOND APPROVED ROGER YOH, VICE CHAIR EDGAR - MOTION GREEN – SECOND 1. MINUTES OF PREVIOUS MEETING FERRYMAN – MOTION, AYE YOH – SECOND, AYE RECOMMENDATION: Approve Minutes of the October BILODEAU – AYE APPROVED 8, 2012 Groundwater Replenishment System Steering ANDERSON – AYE Committee meeting as presented ANTHONY – AYE EDGAR - AYE INFORMATIONAL ITEMS 2. GWRS INITIAL EXPANSION ONSTRUCTION UPDATE INFORMATIONAL 3. GWRS OPERATIONS UPDATE FOR FISCAL YEAR 2012/2013 INFORMATIONAL 4. OUTREACH STATUS REPORT INFORMATIONAL Public information and Education update GENERAL MANAGERS’ REPORTS ADJOURNMENT 6:02 PM - 1 - ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board Glossary of Terms and Abbreviations SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated‐sludge process – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Biochemical Oxygen Demand (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high‐quality product can be recycled as a soil amendment on farm land or further processed as an earth‐like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D/T) – the dilution at which the majority of the people detect the odor becomes the D/T for that air sample. Glossary of Terms and Abbreviations Greenhouse gases – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). Groundwater Replenishment (GWR) System – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS) – Goals to support environmental and public expectations for performance. NDMA – N‐Nitrosodimethylamine is an N‐nitrosoamine suspected cancer‐causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra‐violet treatment. National Biosolids Partnership (NBP) – An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume – A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly‐owned Treatment Works (POTW) – Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line – A regional brine line designed to convey 30 million gallons per day (MGD) of non‐reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run‐off. South Coast Air Quality Management District (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment – Biological wastewater treatment, particularly the activated‐sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge – Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS) – The amount of solids floating and in suspension in wastewater. Trickling filter – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater – Any water that enters the sanitary sewer. Watershed – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.