18-1004_SOUTH ORANGE COUNTY WASTEWATER AUTHORITY_Amd No. 2 to Contract AMENDMENT NO. 2
TO THE CONTRACT SERVICES AGREEMENT BETWEEN THE SOUTH ORANGE
COUNTY WASTEWATER AUTHORITY AND OTHER PUBLIC ENTITIES AND OLIN
FOR THE DELIVERY AND SUPPLY OF CHLOR-ALKALI PRODUCTS TO SOCWA
WASTEWATER TREATMENT FACILITIES
This Amendment No. 2 to the Contract Services Agreement is made and entered
into on October 4, 2018, by and between the South Orange County Wastewater
Authority ("SOCWA"), City of San Clemente, Santa Margarita Water District, Trabuco
Canyon Water District, El Toro Water District, Irvine Ranch Water District and City of
San Juan Capistrano (collectively referred to herein with SOCWA as the "SOCWA
Entities") and Olin Corporation ("Contractor").
WITNESSETH
WHEREAS, SOCWA Entities and Contractor entered into a Contract Services
Agreement for the Delivery and Supply of Chlor-Alkali Products to SOCWA Wastewater
Treatment Facilities on October 6, 2015 (the "Agreement").
WHEREAS, SOCWA and Contractor agreed to a Contract Renewal on October
5, 2017 ("Amendment No. 1") whereby Contractor agreed to continue to supply sodium
hypochlorite and caustic soda and SOCWA agreed to the modified prices as set forth
therein, through October 4, 2018.
WHEREAS, SOCWA Entities require additional services for the delivery and
supply of chlor-alkali products to SOCWA Wastewater Treatment Facilities.
WHEREAS, SOCWA Entities and Contractor desire to amend the Agreement to
provide these additional products and services.
NOW THEREFORE, SOCWA Entities and Contractor agree to amend the
Agreement as follows:
Section 2. TERM OF AGREEMENT
Section 2.1 of the Agreement shall be amended to extend the term through
October 4, 2019. The parties hereby agree to waive the sixty (60) day period in which
an extension must be agreed upon.
Section 3. COMPENSATION FOR SERVICES
Section 3.1 of the Agreement shall be amended to read as follows:
"Compensation will be based on the rates found in Attachment 2.1."
Section 8. ADDITIONAL PROVISIONS
Section 8.6 of the Agreement shall be amended to read as follows: "Each Agency
of the SOCWA Entities acknowledges and agrees with the other Agency of the SOCWA
Entities that this Agreement is not intended to establish a joint exercise of powers
arrangement under and pursuant to laws of the State with respect to the contractual
matters hereunder among such agencies; further, CSC, SMWD, TCWD, ETWD, IRWD,
and CSJC each agree that the existing joint powers arrangements established pursuant
to the SOCWA Joint Powers Agreement have no bearing or effect on this Agreement and
the application thereof to the CSC Facility, SMWD Facilities, TCWD Facilities, ETWD
Facilities, IRWD Facilities, or the CSJC Facilities. Notwithstanding the foregoing
provisions, the parties expressly agree that this procurement is being conducted under
the authority of SOCWA on its own behalf and on behalf of CSC, SMWD, TCWD, ETWD,
IRWD, and CSJC as SOCWA member agencies, pursuant to SOCWA's powers granted
under the Joint Exercise of Powers Act, Government Code section 6500 et seq., and in
the manner and method permitted thereby."
All other terms and conditions, articles, obligations, rights and provisions of the
Agreement not in conflict with this Amendment No. 2 shall remain in full force and effect.
This Amendment No. 2 may be executed in counterparts, each of which shall be
deemed an original.
IN WITNESS WHEREOF, the parties have hereto caused this instrument to be
executed the day and year first above written.
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
By: wL / Date: /o/V77
General anager
APPROVED AS TO FORM:
General Counsel
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DOCS 3447634.1
CITY OF SAN CLEMENTE
By: Date:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
SANTA MARGARITA WATER DISTRICT
By: Date:
General Manager
TRABUCO CANYON WATER DISTRICT
By: Date:
General Manager
EL TORO WATER DISTRICT
By: Date:
General Manager
IRVINE RANCH WATER DISTRICT
By: Date:
General Manager
- 3 -
DOCS 3447634.1
CITY OF SAN JUAN CAPISTRANO
BY:
Y Ma� er Date: /2-3- 1.k
APPROVED AS TO FORM:
By: /3 .i
Ci At�y
OLIN CORPORATION
By: 460411' /311M V
Date:
Authorized Representative
•
Title:
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DOCS 3447634.!
ATTACHMENT 2.1
AMENDMENT NO. 2 COMPENSATION RATES
Sodium Hypochlorite - 12.5% (501-1000 gals) $1.290 gallon
Sodium Hypochlorite - 12.5% (1001-2000 gals) $1.114 gallon
Sodium Hypochlorite - 12.5% (2001-3000 gals) $0.897 gallon
Sodium Hypochlorite - 12.5% (3001-4000 gals) $0.796 gallon
Sodium Hypochlorite - 12.5% (>4500 gals) $0.737 gallon
(>4800 gals)
Sodium Hypochlorite - 5.25% (full load) ETWD $0.665 gallon
Sodium Hydroxide - 50% (1-500 gals) $4.190 gallon
Sodium Hydroxide - 50% (501-1000 gals) $3.500 gallon
Sodium Hydroxide - 50% (1001-2000 gals) $3.190 gallon
Sodium Hydroxide - 50% (>2000 gals) $3.010 gallon
Sodium Hydroxide - 50% Full trkld (3,918 min.) $2.840 gallon
Sodium Hydroxide - 30% (500+ gals) - IRWD $3.090 gallon
Full trkld (4,900 min.) -
Sodium Hydroxide - 30% IRWD $2.390 gallon