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HomeMy WebLinkAbout05-23-2018 Board Meeting Minutes 05/23/2018 Minutes of Board Meeting Page 1 of 15 Orange County Sanitation District MINUTES BOARD MEETING May 23, 2018 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 05/23/2018 Minutes of Board Meeting Page 2 of 15 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman Greg Sebourn on May 23, 2018, at 6:00 p.m., in the Administration Building. Director Teresa Smith delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Gregory Sebourn, Chair Jesus Silva X Denise Barnes Lucille Kring X Allan Bernstein Chuck Puckett X Robert Collacott Robbie Pitts X Ellery Deaton Sandra Massa-Lavitt X James M. Ferryman Bob Ooten Phil Hawkins X Brooke Jones A Steven Jones Kris Beard X Peter Kim Marshall Goodman X Charlie Nguyen Al Krippner X Richard Murphy Warren Kusumoto X Steve Nagel Cheryl Brothers X Glenn Parker Cecilia Hupp X Scott Peotter Brad Avery A Erik Peterson Mike Posey X Tim Shaw Michael Blazey X David Shawver Carol Warren X Fred Smith Virginia Vaughn X Teresa Smith Mark Murphy X Michelle Steel Shawn Nelson A Sal Tinajero David Benavides X Donald Wagner Lynn Schott X Chad Wanke Ward Smith X John Withers Douglas Reinhart Mariellen Yarc X Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Rob Thompson, Assistant General Manager; Celia Chandler, Director of Human Resources; Ed Torres, Director of Operations & Maintenance; Jim Colston, Director of Environmental Services; Lorenzo Tyner, Director of Finance & Administrative Services; Kelly Lore, Clerk of the Board; Janine Aguilar; Cindi Ambrose; Bob Bell; Angela Brandt; Jennifer Cabral; Ron Coss; Mike Dorman; Marc Dubois; Dean Fisher; Alfredo Garcia; Tom Grant; Chris Johnson; Randy Kleinman; Tina Knapp; Jeff Mohr; Andrew Nau; Adam Nazaroff; Gary Prater; and Tyler Ramirez. 05/23/2018 Minutes of Board Meeting Page 3 of 15 OTHERS PRESENT: Kendra Carney (Assistant General Counsel); Alternate Director Bob Ooten (CMSD); James Clark, Black & Veatch; Natalie Medvedev, and Anni Larkins, Jacobs. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: None. REPORTS: Chairman Sebourn announced that two former employees, Barbara Collins and Doug Kanis, and one former Board Member, Willis Huxley Warner, were inducted to the Honor Walk today. He provided the following descriptions of the inductees: Barbara Collins was a founding member of OCSD’s Core Values and held true to each and every one of them with a dedication to accuracy and financial savings that has helped raise OCSD to the industry leaders we are today. Doug Kanis was the pioneer behind OCSD’s Corrosion Program and set the path for preventative maintenance. Willis Warner served on the Board of Directors from 1947-1960 during the formation of the joint districts. He is most notably remembered for his extensive work on sanitation issues and having the foresight of a plan to provide public sanitary sewage facilities to service the County. Under his leadership, it is said that he garnered support for the purchase of the Joint Outfall System. General Manager Jim Herberg provided a brief report on: The Energy Storage Project at Plant No. 1, the recent appointment of Deputy Clerk of the Board Tina Knapp to the Education and Professional Development Committee of the International Institute of Municipal Clerks (IIMC), and the outreach that has taken place this week in celebration of National Public Works Week. ELECTIONS: 1. NOMINATIONS FOR CHAIRPERSON AND VICE CHAIRPERSON OF THE BOARD OF DIRECTORS (Clerk of the Board) Assistant General Counsel Kendra Carney provided instructions and facilitated the nomination and election process. 05/23/2018 Minutes of Board Meeting Page 4 of 15 A. Ms. Carney opened nominations for Chairperson of the Board of Directors (Election to be held at the regular June Board Meeting unless only one candidate is nominated). One nomination was received. With no further nominations, Greg Sebourn was elected as Chairman of the Board of Directors for the 2018/19 term. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero B. Ms. Carney opened nominations for Vice-Chairperson of the Board of Directors (Election to be held at the regular June Board Meeting unless only one candidate is nominated). One nomination was received. With no further nominations, David Shawver was elected as Vice-Chairman of the Board of Directors for the 2018/19 term. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero Vice-Chairman Dave Shawver informed the Board of his participation in the recent tour of the GWRS with former Los Angeles Mayor Villaraigosa. CONSENT CALENDAR: 2. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Regular Meeting of the Board of Directors held on April 25, 2018. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 05/23/2018 Minutes of Board Meeting Page 5 of 15 RECEIVE AND FILE: These items require no action; and without objection, will be so ordered by the Board Chair. 3. COMMITTEE MINUTES (Clerk of the Board) Received and filed the approved minutes of the following committees: A. Steering Committee Meeting of March 28, 2018 B. Operations Committee Meeting of April 4, 2018 C. Legislative and Public Affairs Meeting of April 9, 2018 D. Administration Committee Meeting of April 11, 2018 4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF APRIL 2018 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of April 2018. OPERATIONS COMMITTEE: 5. ADDENDUM NO. 4 TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR & CORROSION CONTROL PROGRAM (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Consider, receive, and file the Orange County Sanitation District’s Addendum No. 4 to the Supplemental Environmental Impact Report for the Final Effluent Pump Station Annex and Collection System Odor & Corrosion Control Program, dated April 4, 2018, to accommodate odor and add to Adolfo Lopez Pump Station corrosion control chemical addition at the City of Seal Beach. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero 6. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Capital Improvement Program Contract Performance Report for the period ending March 31, 2018. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; 05/23/2018 Minutes of Board Meeting Page 6 of 15 Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero 7. UTILITY AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FRUIT STREET TRUNK SEWER RELOCATION AND MODIFICATION (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a Utility Agreement with Orange County Transportation Authority agreeing to define terms, conditions, and funding obligations regarding the relocation and modification to Fruit Street Trunk Sewer, in the City of Santa Ana, to accommodate the OC Streetcar Project. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero 8. ENVIRONMENTAL COMPLIANCE REPORTS (Jim Colston) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file environmental compliance reports: Biosolids Management Compliance Report 2017; Semi-Annual Pretreatment Program Report Fiscal Year 2017, July-December; Annual Greenhouse Gas Emissions Report 2017; Annual Emission Report 2016; and Marine Monitoring Annual Report 2016/2017. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero 9. CHANGE ORDER NO. 2 TO BLANKET PURCHASE ORDER NO. 105897-OB, U.S. BANK NATIONAL ASSOCIATION DBA VOYAGER FLEET SYSTEMS, FOR FUEL CARD PROGRAM (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Change Order No. 2 to Blanket Purchase Order No. 105897-OB with U.S. Bank National Association dba Voyager Fleet Systems under the State of Washington WSCA-NASPO Commercial Card Solutions Contract 05/23/2018 Minutes of Board Meeting Page 7 of 15 Number 00612-Category 2 in the amount of $160,000 for the period February 1, 2017 through December 31, 2018 term, for a total not to exceed $410,000; and B. Approve a contingency increase of $20,500 (5%) for a total contingency amount of $70,500. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero 10. INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR GWRS FINAL EXPANSION (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Consider, receive, and file the Orange County Water District Initial Study/Mitigated Negative Declaration; and B. Adopt Resolution No. OCSD 18-05 entitled: “A Resolution of the Board of Directors of Orange County Sanitation District adopting findings with respect to the California Environmental Quality Act in consideration of the Orange County Water District Groundwater Replenishment System Water Conveyance Facilities Project Initial Study/Mitigated Negative Declaration and CEQA-Plus Federal Consultation Review.” AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero 11. CONTRACT FOR THE PURCHASE OF SODIUM HYDROXIDE, SPECIFICATION NO. C-2018-915BD FOR ODOR AND CORROSION CONTROL IN THE COLLECTION SYSTEM (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: A. Award a Chemical Supplier Agreement to Brenntag Pacific, Inc., for the purchase of Sodium Hydroxide (Caustic Soda) 50% solution, Specification No. C-2018-915BD, for the period of July 1, 2018 through June 30, 2019, for a unit price of $684/dry ton, delivered, plus sales tax, for a total estimated annual amount of $967,005 with four (4) one-year renewal options; and B. Approve a unit price contingency of 10%. 05/23/2018 Minutes of Board Meeting Page 8 of 15 AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Wanke NOES: None ABSTENTIONS: Withers ABSENT: S. Jones; Peterson; and Tinajero ADMINISTRATION COMMITTEE: Committee Chair Wanke pulled Item No. 16 to be heard separately. 12. GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO THE PRE-APPROVED OEM SOLE SOURCE LIST (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Orange County Sanitation District purchases made under the General Manager’s authority for the period of January 1, 2018 to March 31, 2018; and B. Approve the following additions to the pre-approved OEM Sole Source List for the period of January 1, 2018 to March 31, 2018: • DRESSER-RAND/SIEMENS - Assessment and Repairs of Steam Turbines • FLUID COMPONENTS INTERNATIONAL (FCI) - Gas Flowmeters • JOHNSON MATTHEY SEC - Selective Catalytic Reduction (SCR) Catalyst Units • MCCROMETER - McCrometer MW510 Flowmeters • MET-PRO TECHNOLOGIES DBA HEE/DUALL - Trickling Filter Fans • PROMINENT FLUID CONTROLS (PFC) - Process Metering Pumps and Drive Assemblies • RINCON TRUCK CENTER - Diagnostics and Repairs of Diesel Engine Trucks • SMARTCOVER SYSTEMS - Repair, Relocation, and Renewals of SmartCovers • E&M ELECTRIC & MACHINERY dba WONDERWARE WEST - Historian for SCADA system (Replaces STANDARD AUTOMATION dba WONDERWARE WEST - Name change of an already approved Sole Source vendor) AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 05/23/2018 Minutes of Board Meeting Page 9 of 15 13. REQUEST FOR FUNDING – WASTEWATER FLOW & LOADING STUDY (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Approve the Orange County Sanitation District’s on-going participation in the California Association of Sanitation Agencies wastewater flow and loading study and the Participating Agency Contribution Pledge of $360,149. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 14. PHYSICAL SECURITY ACCESS SYSTEM UPGRADE (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: A. Authorize an additional $256,165 to purchase order #105299 OB with Maxim Security Systems, Inc. utilizing Eastern Municipal Water District's (EMWD) Cooperative agreement #85939, for a total amount not to exceed $591,165, in accordance with Ordinance No. OCSD-47, Section 2.03(B) Cooperative Purchases; and B. Authorize an immediate purchase of hardware, software, and professional services to migrate from Lenel Facility Commander to Lenel OnGuard, for a total amount not to exceed $256,165. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 15. CONSOLIDATED FINANCIAL REPORT FOR THIRD QUARTER ENDED MARCH 31, 2018 (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District Third Quarter Financial Report for the period ended March 31, 2018. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; 05/23/2018 Minutes of Board Meeting Page 10 of 15 Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero Item No. 16 pulled and heard separately. 16. SETTLEMENT AGREEMENT FOR CHARGES AND FEES OWED BY ONE INDUSTRIAL WASTEWATER DISCHARGE PERMITTEE (Lorenzo Tyner) Assistant General Counsel Kendra Carney stated that there had been a minor change to the settlement agreement due to a recent payment by the permittee. MOVED, SECONDED, AND DULY CARRIED TO: Approve the 24-month settlement agreement negotiated by the General Manager for the collection of charges owed for sanitary sewer service charges, plus interest of 6.5%, with LSW Enterprises, LLC, in a form approved by General Counsel. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 17. SELECTION OF DISTRICT’S BANKING SERVICES MANAGER (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 18-06, entitled “A Resolution of the Board of Directors of the Orange County Sanitation District, Authorizing the Establishment of Miscellaneous Banking Accounts, Establishing Policies Governing the Transactions Related Thereto, and Designating Employees to Act on the District’s Behalf for Said Accounts; and Repealing Resolution No. OCSD 98-24”; and B. Approve the selection of Banc of California to provide comprehensive banking and cash management. The Agreement will continue until either party to the agreement provides at least sixty (60) days advance written notice of their intent to terminate to the other party. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None 05/23/2018 Minutes of Board Meeting Page 11 of 15 ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 18. TEMPORARY EMPLOYMENT SERVICES (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Service Contracts for Temporary Employment Services, Specification No. S-2018-929BD, for a 13-month period (June 1, 2018 through June 30, 2019) for a total amount not to exceed $1,429,400 with four (4) one-year annual renewal options (12-months) to the following: HB Staffing: General Staffing 22nd Century Technologies Inc.: General Staffing Material and Contract Services Inc.: Contract Services Staff Today Inc.: General Staffing Harvest Technical Services Inc.: Engineering, Technical Staffing Project Partners Inc.: Engineering, Technical Staffing SoftHQ: General Staffing Advanced Resources LLC: General Staffing Diskriter Inc.: General Staffing B. Approve an annual contingency of $142,940 (10%); and C. Authorize the General Manager to add or remove staffing firms from the available pool as needed to meet work requirements identified by the Human Resources Department. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero 19. 2018-19 OPERATIONAL PROPERTY-LIABILITY INSURANCE RENEWALS (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: Approve not-to-exceed numbers, as follows, with the understanding that the Orange County Sanitation District’s insurance broker will continue to negotiate with insurers to seek the lowest possible premiums prior to the expiration date of the current major insurance policies: • Excess liability insurance not to exceed $507,045. • Property and Boiler & Machinery not to exceed $847,800. • Earthquake insurance not to exceed $83,179. 05/23/2018 Minutes of Board Meeting Page 12 of 15 • Excess workers compensation insurance - a rate of $0.3153 per $100 of payroll, not to exceed $220,000. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 20. IRVINE RANCH WATER DISTRICT SOLIDS AGREEMENT EXTENSION (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve Amendment No. 2 to the Agreement for Transfer of Wastewater Solids Residuals between the Irvine Ranch Water District (As Successor to County Sanitation District No. 14) and Orange County Sanitation District, transferring solids from Irvine Ranch Water District’s Michelson Water Recycling Plant to the Orange County Sanitation District Wastewater System and reimbursing the Orange County Sanitation District for its costs, in a form approved by General Counsel. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones; Peterson; and Tinajero Director Tinajero arrived at the meeting at 6:26 p.m. NON-CONSENT: 21. NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, CONTRACT NOS. 2-72B & 2-72C (Rob Thompson) Late communication received from Jeffrey S. Hurst, Esq., Monteleone & McCrory and a response letter from Kendra Carney, Woodruff, Spradlin & Smart, were provided to the Directors and made available to the public. 05/23/2018 Minutes of Board Meeting Page 13 of 15 Chair Sebourn asked for public comments and Jeffrey S. Hurst, representing Trautwein Construction, spoke in opposition of the recommended award to Group OHL USA, Inc. Assistant General Manager Rob Thompson provided a PowerPoint presentation regarding the project logistics and bidding process. Mr. Thompson and Assistant General Counsel Kendra Carney responded to questions from the Directors regarding contractor qualifications and clarification of the bidding process. MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Addendum to the 1999 OCSD Strategic Plan Program Environmental Impact Report for additional project analysis for the Newhope-Placentia Trunk Sewer Replacement, Contract No. 2-72B; B. Receive and file Bid Tabulation and Recommendation for Newhope-Placentia Trunk Sewer Replacement, Contract Nos. 2-72B & 2-72C; C. Receive and file Orange County Sanitation District’s March 28, 2018 Notice of Intent to Award; D. Receive and file Award Protest from W.A. Rasic Construction dated April 4, 2018, concerning the award to OHL USA, Inc., dba Group OHL USA, Inc.; E. Receive and file letter from Trautwein Construction, Inc. dated April 6, 2018, concerning the Sanitation District’s determination that the bid submitted by Trautwein Construction, Inc. was non-responsive; F. Receive and file letter from OHL USA, Inc., dba Group OHL USA, Inc., dated April 10, 2018, responding to the W.A. Rasic Construction Award Protest; G. Receive and file letter from Pulice Construction, Inc. dated April 10, 2018, responding to the W.A. Rasic Construction Award Protest; H. Receive and file Orange County Sanitation District’s response to Trautwein Construction, Inc. dated April 30, 2018; I. Reject low bid from Trautwein Construction, Inc. as non-responsive; J. Receive and file Orange County Sanitation District’s determination letter dated May 1, 2018; K. Deny Award Protest filed by W. A. Rasic Construction; L. Award a Construction Contract to Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Contract Nos. 2-72B & 2-72C, for a total amount not to exceed $58,242,000; and M. Approve a contingency amount of $3,785,730 (6.50%). AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wagner; Wanke; and Withers NOES: Peotter ABSTENTIONS: None ABSENT: S. Jones and Peterson 05/23/2018 Minutes of Board Meeting Page 14 of 15 22. SECOND READING OF PROPOSED PURCHASING ORDINANCE NO. OCSD-52 (Lorenzo Tyner) Director of Finance and Administrative Services Lorenzo Tyner provided a brief update to the item and noted that additional information had been provided to the agenda report. Director Steel thanked staff for responding to her questions and requests for additional information this week. She went on to say, for the record, that contrary to what other board members had stated, that she had not been able to locate the information she had requested in previous agenda packet material. MOVED, SECONDED, AND DULY CARRIED TO: A. Motion to read Ordinance No. OCSD-52 by title only and waive reading of said entire Ordinance; B. Adopt Ordinance No. OCSD-52, entitled “An Ordinance of the Board of Directors of the Orange County Sanitation District Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects; and Repealing Ordinance No. OCSD-47”; and C. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. AYES: Barnes; Bernstein; Berry (Alternate); Collacott; Deaton; Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wagner; Wanke; and Withers NOES: None ABSTENTIONS: None ABSENT: S. Jones and Peterson AB 1234 DISCLOSURE REPORTS: Director Ferryman reported on the recent NWRI meeting. Director Steel and Director Withers departed the meeting at 6:53 p.m. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8: The Board convened in closed session at 6:53 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Section and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:58 p.m.