HomeMy WebLinkAbout04-06-2016 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, April 6, 2016
Regular Meeting of the i"ov 5:00 P.M.
OPERATIONS COMMITTEE Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's
Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the
Clerk of the Board the item numberon which you want to speak. Speakers will be recognized by the Chairman
and are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous
matters of general interest to the Committee Members. These reports are for information only and require no
action by the Committee.
CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be enacted,
by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for
separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the March 2, 2016, Operations
Committee Meeting.
2. CONTRACT AWARDS FOR FERRIC CHLORIDE PURCHASE (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award an agreement with Pencco, Inc. for the purchase of liquid ferric
chloride, Specification No. C-2016-75513D, for the period of July 1, 2016
through June 30, 2017, for a unit price of $377 delivered, for an estimated
annual amount of$1,131,000 (plus applicable sales tax)with four(4)one-year
renewal options;
00/06/2016 Operations Committee Agenda Page 1 of 5
B. Award an agreement with Kemira Water Solutions, Inc. for the purchase of
liquid ferric chloride, Specification No. C-2016-7556D, for the period of
July 1, 2016 through June 30, 2017, for a unit price of $417 delivered, for an
estimated annual amount of $1,251,000 (plus applicable sales tax) with four
(4) one-year renewal options; and
C. Approve a unit price contingency of 10% per agreement.
3. SEWER LINE CLEANING FOR CITY OF TUSTIN AND UNINCORPORATED
COUNTY PROPERTY (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to: Approve
Amendment No. 3 to extend the contract term with Performance Pipeline
Technologies for the cleaning services of approximately 90 miles of Area 7 sewer
pipelines and manholes, for an additional six-month period, beginning July 1, 2016
through December 31, 2016, with one additional 6-month renewal option, for an
additional amount of$202,204, increasing the total amount not-to-exceed $404,408.
4. COATING INSPECTION AND CORROSION TESTING SERVICES
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve
Professional Services Agreements to provide on-call Coating Inspection, Confined-
Space Entry Services, and other Corrosion Testing Services for Collection System
and Treatment Plant projects, PSA2016-001, for a three-year period effective
May 1, 2016, for an amount not to exceed $200,000 per individual agreement
($800,000 total)with the following four firms:
• Corrpro Companies, Inc.
• CSI Services, Inc.
• Diversified Project Services International, Inc. (DPSI)
• On-Site Technical Services, Inc.
5. SURVEYING SERVICES (Dean Fisher)
RECOMMENDATION: Recommend to the Board of Directors to: Approve
Professional Services Agreements to provide on-call Surveying Services for
Collection System and Treatment Plant Projects, PSA2016-002, for a three-year
period effective May 1, 2016, for an amount not to exceed $200,000 per individual
agreement ($800,000 total) with the following four firms:
• Stantec Consulting Services, Inc.
• Michael Baker International
• D. Wooley and Associates, Inc.
• Bush and Associates, Inc.
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6. GEOTECHNICAL TESTING SERVICES (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve
Professional Services Agreements to provide on-call Materials Testing, Inspection,
and other Geotechnical Testing Services for Collection System and Treatment Plant
projects, PSA2016-003, for a three-year period effective May 1, 2016, for an amount
not to exceed $300,000 per individual agreement ($900,000 total) with the following
three firms:
• Ninyo and Moore
• Sequoia Consultants, Inc.
• Koury Engineering and Testing, Inc.
7. BIOSOLIDS HAULING SERVICE CONTRACT AWARD (Bob Ghirelli)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract with Denali Water Solutions to haul Orange
County Sanitation District's biosolids from Reclamation Plant No. 1 and/or
Treatment Plant No. 2 to Orange County Waste and Recycling's Prima
Deshecha landfill and the Inland Empire Regional Compost Facility for a
period of one year from the execution date of the contract, for the unit price of
$8.96 per ton of biosolids and $ 14.99 per ton of biosolids coupled with fuel
surcharges, at an amount not to exceed $600,000 per year with four (4) one-
year renewal options; and
B. Approve a (10%) unit price contingency.
8. ANNUAL MARINE MONITORING REPORT (Bob Ghirelli)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and file
the 2014-15 Marine Monitoring Annual Report.
NON-CONSENT CALENDAR:
9. JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER
RESEARCH PROJECT AUTHORITY (SCCWRP) (Bob Ghirelli)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OCSD 16-XX entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District, approving the Ninth
Amended Joint Powers Agreement confirming the creation of the agency
known as Southern California Coastal Water Research Project Authority
(SCCWRP), providing for continuation of SCCWRP for four years from
July 1, 2017 through June 30, 2021"; and
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B. Approve annual funding in the amount of$425,000 for FY 2017/18, $450,000
for FY 2018/19, $475,000 for FY 2019/20 and $500,000 for FY 2020/21.
10. SARI ROCK STABILIZERS REMOVAL, PROJECT NO. 2-41-8 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Consider, receive, and file the Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program for the SARI Rock Stabilizers
Removal, Project No. 2-41-8, prepared by Michael Baker International; and
B. Adopt Resolution No. OCSD 16-XX, entitled: "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated
Negative Declaration for the Santa Ana River Interceptor Rock Removal,
Project No. 2-41-8; Adopting a mitigation monitoring and reporting program;
an approving the Santa Ana River Interceptor Rock Removal, Project
No. 2-41-8."
INFORMATION ITEMS:
11 . PRETREATMENT PROGRAM OVERVIEW (Bob Ghirelli)
DEPARTMENT HEAD REPORTS:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, May 4, 2016, at
5:00 P.M.
04/06/2016 Operations Committee Agenda Page 4 c f 5
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) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Aaenda 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,Cal'domis,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.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
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.
Kelly A. Lore
Clerk of the Board
(714)593-7433
klomaocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbem(alocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli(&.ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthompsongDocsd.com
Director of Environmental Services Bob Ghirelli(acting) (714)593-7400 mhirelli(&.ocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
00/06/2016 Operations Committee Agenda Page 5 of 5
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, March 2, 2016, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee
Vice-Chair Shawver on Wednesday, March 2, 2016 at 5:01 p.m. in the Administration
Building.
Director Wanke led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
David Shawver, Vice-Chair Jim Herberg, General Manager
Lisa Bartlett Bob Ghirelli, Assistant General Manager
Tom Beamish Celia Chandler, Director of Human Resources
Steve Jones Rob Thompson, Director of Engineering
Robert Kiley Ed Torres, Director of Operations and Maintenance
Sandra Massa-Lavitt (Alternate) Lorenzo Tyner, Director of Finance &
Richard Murphy Administrative Services
Steve Nagel Kelly Lore, Clerk of the Board
Fred Smith Cindi Ambrose
Chad Wanke Jennifer Cabral
Mariellen Yarc Jim Colston
John Nielsen, Board Chair Gary Conklin
Greg Seboum, Board Vice-Chair Mark Esquer
Dean Fisher
COMMITTEE MEMBERS ABSENT: Norbert Gaia
John Withers, Chair Alfredo Garcia
Tina Knapp
Kathy Millea
Jeff Mohr
Jim Mullins
Victoria Pilko
Eros Yong
Paula Zeller
OTHERS PRESENT:
Brad Hogin, General Counsel
Michael Beverage, Alternate Director YLWD
Cheryl Brothers, Alternate Director Fountain Valley
Jim Hamlin (Jacobs)
Judith Marquez (Innovare Environmental)
Allan Tanjuaquio (Jacobs)
03/02/2016 Opeations Committee Minutes Page 1 of 5
PUBLIC COMMENTS:
Judith Marquez, Innovare Environmental (on behalf of Surfrider Foundation) spoke
regarding ocean friendly restaurants.
The Clerk of the Board announced late communication regarding Item No. 5 had been
received from Director of Engineering Rob Thompson which was distributed to the
Committee and made available to the public.
REPORT OF COMMITTEE CHAIR:
Committee Vice-Chair Shawver did not provide a report.
REPORT OF GENERAL MANAGER:
General Manager, Jim Herberg did not provide a report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the
January 6, 2016, Operations Committee Meeting.
AYES: Beamish, Jones, Kiley, Nagel, Massa-Lavitt (Alternate),
Murphy, Seboum, Shawver, Smith, F., Steel, Wanks, and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Nielsen, and Withers
2. NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, PROJECT
NO. 2-72 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Construction Services Agreement with Lee & Ro,
Inc., to provide construction support services for Newhope-Placentia Trunk
Sewer Replacement, Project No. 2-72, for a total amount not to exceed
$3,253,946; and
B. Approve a contingency of$325,394 (10%).
03/02/2016 Operations Committee Minutes Page 2 of 5
AYES: Beamish, Jones, Kiley, Nagel, Massa-Lavitt (Alternate),
Murphy, Seboum, Shawver, Smith, F., Steel, Wanks, and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Nielsen, and Withers
3. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Receive and file the Fiscal Year
2015/16 Second Quarter Odor Complaint Summary.
AYES: Beamish, Jones, Kiley, Nagel, Massa-Lavitt (Alternate),
Murphy, Seboum, Shawver, Smith, F., Steel, Wanks, and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Nielsen, and Withers
NON-CONSENT CALENDAR:
Chair Nielsen arrived at 5:09 p.m.
4. CAPITAL IMPROVEMENT PROGRAM OVERVIEW (Rob Thompson)
Engineering Manager Jeff Mohr provided a PowerPoint presentation and overview
of the Capital Improvement Program. Questions were answered by staff regarding
change orders and project overages.
Mr. Mohr then provided an informational PowerPoint presentation regarding Item
No. 5 including: past augmentation contract services; expenditures; provisions;
and the qualifications of the proposed vendor. He stated that an error to the
commencement date of the contract was listed in the published recommendation.
The correct commencement date should be May 2, 2016.
Questions were answered by Mr. Mohr and Mr. Thompson regarding the selection
process; criteria; and price gauging avoidance. Mr. Thompson clarified the not to
exceed amount. General Counsel Brad Hogin provided information on the legal
bidding procedures per the Government Code.
Director of Engineering, Rob Thompson distributed additional information
regarding the request for proposals which had been provided by the Selection
Committee.
03/02/2016 Operations Committee Minutes Page 3 of 5
5. SUPPLEMENTAL ENGINEERING AND SUPPORT STAFF SERVICES,
CONTRACT NO. PSA-2015-100 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Professional Services Agreement with Jacobs Project Management Co.
to provide supplemental engineering and support staff services, Contract
No. PSA-2015-100, commencing Ail 1, 2016 May2, 2016 through June 30, 2020,
with three one-year renewal options,for a total amount not to exceed $41,000,000
over the period of up to seven years.
AYES: Beamish, Jones, Kiley, Nagel, Nielsen, Massa-Lavitt
(Alternate), Murphy, Sebourn, Shawver, Smith, F., Steel,
Wanks, and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Withers
INFORMATION ITEMS:
6. ENVIRONMENTAL SERVICES DEPARTMENT OVERVIEW (Bob Ghirelli)
Assistant General Manager, Bob Ghirelli, provided a PowerPoint presentation and
an overview of the Environmental Services Department.
7. ENERGY EFFICIENCY AUDIT FINDINGS (Ed Torres)
Director of Operations, Ed Torres, introduced Senior Engineer, Gary Conklin who
provided a PowerPoint and report of the energy efficiency audit findings.
DEPARTMENT HEAD REPORTS:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS
IF ANY:
None.
03/02/2016 Operations Committee Minutes Page 4 of 5
ADJOURNMENT
At 6:02 p.m., Committee Vice-Chair Shawver declared the meeting adjourned to the next
scheduled meeting of Wednesday, April 6, 2016 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Clerk of the Board
03/02/2016 Operations Committee Minutes Page 5 of 5
OPERATIONS COMMITTEE MeaHngDae TOBd.OfDir.
04/O6/16 04/27/16
AGENDA REPORT ItemNumber Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: CONTRACT AWARDS FOR FERRIC CHLORIDE PURCHASE
GENERAL MANAGER'S RECOMMENDATION
A. Award an agreement with Pencco, Inc. for the purchase of liquid ferric chloride,
Specification No. C-2016-75513D, for the period of July 1, 2016 through
June 30, 2017, for a unit price of$377 delivered, for an estimated annual amount
of$1,131,000 (plus applicable sales tax)with four (4) one-year renewal options.
B. Award an agreement with Kemira Water Solutions, Inc. for the purchase of liquid
ferric chloride, Specification No. C-2016-75513D, for the period of July 1, 2016
through June 30, 2017, for a unit price of$417 delivered, for an estimated annual
amount of $1,251,000 (plus applicable sales tax) with four (4) one-year renewal
options; and
C. Approve a unit price contingency of 10% per agreement.
SUMMARY
BACKGROUND
Orange County Sanitation District (Sanitation District) currently purchases ferric
chloride through agreements with four vendors. Those agreements are valid through
June 30, 2016.
RELEVANT STANDARDS
24/7/365 treatment plant reliability
Meet discharge permit 24/7/365
Ensure that the public's money is wisely spent
PROBLEM
A reliable and economical supply of ferric chloride is needed for treatment plant
operation. Purchasing ferric chloride is a significant expense. The new agreements
are needed to take advantage of current market price reductions.
Page 1 of 3
PROPOSED SOLUTION
The new agreements will allow the Sanitation District to take advantage of current
reductions in the market price. Without the new agreements, the Sanitation District
will continue to purchase ferric chloride under the existing agreements, at a higher
cost.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Without the new agreements, the Sanitation District will continue to purchase ferric
chloride under the existing agreements, at a higher cost. The current agreements are
valid through June 30, 2016.
PRIOR COMMITTEE/BOARD ACTIONS
May 2013 — Awarded current ferric chloride purchase agreements to four vendors,
Specification No. C-2013-553BD.
ADDITIONAL INFORMATION
Ferric chloride (ferric) is used in the treatment process to improve settleability of solids
and control hydrogen sulfide. For the 2015-2016 fiscal year, it is projected that the
Sanitation District will use 2.5 million gallons of ferric at a cost of approximately $3.7M.
Ferric is used in the United States primarily for wastewater (65%) and water treatment.
There are a limited number of suppliers, and production also relies on the raw materials
from which it is made. With this in mind, it is important for the Sanitation District to
maintain a reliable supply chain that encourages competitive pricing.
Prior to the current July 2013 agreements, the Sanitation District utilized a single supplier
for 15 years. The 2010 Chemical Sustainability Study identified ferric as one of the most
critical chemicals for plant operation. It also highlighted the potential supply disruption
and price escalation risks associated with this single-supplier system. As a result, the
Sanitation District developed a multiple-vendor supply plan that has been in place since
that time, and has worked very well.
The current agreements can be extended through June 30, 2018; however, recent
improvement in market prices provides the opportunity for the Sanitation District to save
over$1,000,000/year by awarding new agreements.
A Request for Proposal was issued and four (4) proposals were received. Prices were
provided for increments of 1,000 dry tons, up to 6,000 dry tons annually. The estimated
cost of various scenarios was calculated based on the unit prices. The award
Page 2 of 3
recommendation includes a minimum of two vendors and is the best value option that
staff believes will provide adequate supply chain reliability.
The bid prices are shown below. Applicable sales tax was included with these values to
provide a true comparison of the cost to the Sanitation District for the various options.
Tax applies to the purchase price, but does not apply to delivery.
Proposal Unit Prices (with Sales Tax for true value comparison)
Quantity
(Dry Tons/Yr. Kemira Pencco CWT Thatcher
1,000 $433.96 $455.16 $546.77
2,000 $412.36 $455.16 $541.77
3,000 $443.64 $401.56 $476.76 -
4,000 $443.64 $390.76 $498.36
5,000 $390.76 -
6,000 $390.76 - -
Recommended Agreement Awards (Negotiated)
The table below does not include sales tax. Tax is charged separately, so tax is not
part of the award amount. Also, the quantity below is the quantity that the Sanitation
District is negotiating with each vendor, which is lower than the estimated usage.
Negotiated Quantity Unit
Vendor (Dry Tons/Yr. Price Agreement Amount
Pencco 3,000 $377 $1,131,000
Kemira 3,000 $417 $1,251,000
Total 6,000 $2,382,000
CEQA
N/A
BUDGET / PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item is proposed in the Fiscal Year 2016-2017 Budget, Line No. 53.
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
• Agreement with Pencco, Inc. for the purchase of ferric chloride.
• Agreement with Kemira Water Solutions, Inc. for the purchase of ferric chloride.
Page 3 of 3
AGREEMENT
FOR PURCHASE OF LIQUID FERRIC CHLORIDE (FeCI3)
SPECIFICATION NO. C-2016-755BD
THIS AGREEMENTis 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 Pennco, Inc. with a
principal place of business at 831 Bartlett Road, Sealy, TX 77474 (hereinafter referred to as
"Supplier") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD requires Liquid Ferric Chloride in its sewage treatment process and has
prepared Specifications (attached hereto and incorporated herein by reference as Exhibit"A")for
the purchase of said Liquid Ferric Chloride;
WHEREAS, sealed bids for the Purchase of Liquid Ferric Chloride, Specification No. C-2016-
755BD were solicited, received and opened on February 29, 2016; and
WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized
execution of this Agreement between OCSD and Supplier; and
WHEREAS, OCSD has chosen Supplier to provide Liquid Ferric Chloride in accordance with
Ordinance No. OCSD-47; and
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 Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and
Supplier. The terms and conditions herein exclusively govern the purchase of Liquid Ferric
Chloride as described in the Scope of Work, attached hereto and incorporated herein by reference
as Exhibit"A".
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as though fully set forth at length herein Exhibits to this Agreement are as follows in
order of precedence:
Exhibit"A" Scope of Work
Exhibit"B" Cost Proposal Form
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibit"D" OCSD Safety Standards
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects
govern and control.
2. Delivery
2.1 LOCATIONS: Deliveries shall be made to Plant 1 located at 10844 Ellis Avenue, Fountain
Valley, CA 92708 and Plant 2 located at 22212 Brookhurst Street, Huntington Beach, CA 92646.
Deliveries shall be made in accordance with Exhibit"A".
Orange County Sanitation District 1 of 8 Specification No. C-2016-755BD
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2.2 OCSD will pay only for the actual gallons of Liquid Ferric Chloride delivered, based upon
certified tare weight and net weight. Gallons invoiced by Supplier and payable by OCSD will be
for the total net gallons of Liquid Ferric Chloride 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.
2.3 A delivery statement shall accompany all shipments and state the weight, gallons, specific
gravity of the product and percent delivered.
3. Possession
Ownership and control of all Liquid Ferric Chloride delivered pursuant to this Agreement
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. Quantit
4.1 OCSD makes no guarantee to actual use or quantity of Liquid Ferric Chloride purchased.
Use may be sporadic based on the wastewater treatment requirements unique to each treatment
plant.
4.2 OCSD will, through the term of this Agreement, purchase Liquid Ferric Chloride from
Supplier exclusively, except when OCSD determines Supplier cannot make delivery within the
time specified, with the quality and quantity specified, at the Agreement price, the level of service
is inadequate, OCSD unapproved increase in active dry pound rate or for any other default or
breach of this Agreement. In such event, OCSD may purchase Liquid Ferric Chloride elsewhere
and charge Supplier any difference in the delivered price to OCSD from that provided in this
Agreement, or alternatively, OCSD may terminate the Agreement based on said breach or failure
to deliver the specified product. Quality control tests will be performed by OCSD on the delivered
Liquid Ferric Chloride to ensure that Specifications are attained.
5. Pricing and Invoicing
5.1 Supplier will invoice monthly for delivered Liquid Ferric Chloride per Exhibit"A", and at the
price(s) listed in the Bid Price Form (attached hereto and incorporated herein by reference as
Exhibit 'B"). Prices shall include all cartage and taxes per gallon except California State Sales
Tax. The sales tax will be paid by OCSD.
5.2 OCSD shall pay, Net 30 days, upon receipt and approval by the OCSD Project Manager,
or 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
will mail the invoices to Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley,
CA 92708, attention Accounts Payable. All invoices shall include a description of the delivery
location, the delivery date and the unit price.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.
6. Modifications
6.1 This Agreement may be modified or changed only by written instrument in the form of an
amendment to this Agreement signed by both Parties.
Orange County Sanitation District 2 of 8 Specification No. C-2016-755BD
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6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the
one-year Agreement term.Quarterly pricing will not be accepted.Any adjustments made will allow
for increases or decreases in the manufactured cost of the Liquid Ferric Chloride and will be based
upon OCSD validated information furnished by Supplier and OCSD sources. Adjustments will
only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed
price increase or decrease.
6.3 Price changes may be made through the OCSD Purchase Order Process.
7. Aareement Tenn
The purchase of Liquid Ferric Chloride under this Agreement shall be for the period of one
(1) year commencing on July 1, 2016 and continuing through June 30, 2017.
8. Renewals
8.1 OCSD may exercise the option to renew the Agreement for up to four(4)one-year periods
based upon the criteria set forth in Exhibit "A", 'rf mutually acceptable terms can be negotiated.
OCSD shall make no obligation to renew nor give reason if it elects not to renew. The prices
established in the original Agreement may be adjusted.The adjustment will allow for any increase
or decrease in the manufactured cost of the Liquid Ferric Chloride and will be based upon OCSD
validated information furnished by Supplier and OCSD sources.Adjustments will only be reviewed
on an annual basis. OCSD reserves the right to agree with or reject the proposed price increase
or decrease.
8.2 Renewals may be made through the OCSD Purchase Order Process.
9. Termination
9.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without
cause, in whole or in part, at any time, by written notice to Supplier from OCSD. Upon receipt of
a termination notice, Supplier shall immediately discontinue all work underthis Agreement(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 Agreement. Such notice of
termination shall terminate this Agreement 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 Agreement 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 or breach of this Agreement.
9.3 OCSD may also terminate the Agreement for default in whole or in part by written notice
to Supplier from OCSD:
9.3.1 if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or
9.3.2 if Supplier sells its business; or
9.3.3 if Supplier breaches any of the terms of this Agreement.
9.4 All OCSD property in the possession or control of Supplier shall be returned by Supplier
to OCSD upon demand, or at the termination of this Agreement, whichever occurs first.
Orange County Sanitation District 3 of 8 Specification No. C-2016-755BD
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10. Indemnification and Hold Harmless
Supplier shall assume all responsibility for damages to property and/or injuries to persons,
including accidental death, which may arise out of or be caused by Supplier's services under this
Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, and
whether such damage or injury shall accrue or be discovered before or after the termination of
the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Supplier
shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials,
officers, agents and employees, from and against any and all claims, liabilities, damages or
expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or
damage to property or interference with the use of property, arising out of or in connection with
Supplier's performance under this Agreement, and/or(b) on account of any goods and services
provided under this Agreement. This indemnification provision shall apply to any acts or
omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of
Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted
by law, Supplier's duty to defend shall apply whether or not such claims, allegations, lawsuits, or
proceedings have merit or are meritless, or which involve claims or allegations that any of the
parties to be defended were actively, passively, or concurrently negligent, or which otherwise
assert that the parties to be defended are responsible, in whole or in part, for any loss, damage,
or injury. Supplier agrees to provide this defense immediately upon written notice from OCSD,
and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD.
11. Insurance
Supplier shall purchase and maintain, throughout the life of this Agreement 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
by reference as Exhibit "C"). Supplier shall not commence work under this Agreement 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 Agreement.
12. Eauipment Loss
OCSD will be responsible for any loss or damage to Supplier-owned equipment, when
OCSD determines OCSD is at fault, and will reimburse Supplier for such loss or damage upon
receipt of invoices, less a deduction for any amount determined to be the fault of Supplier.
13. Conflict of Interest and Reporting
Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in
performance of this Agreement.
14. Supplier's Relationship to OCSD
Supplier's relationship to OCSD in the performance of this Agreement is that of an
independent contractor. The personnel performing services under this Agreement 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 Agreement, 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.
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15. Safety and Accident Prevention
15.1 General: In addition to the requirements set forth in Exhibit "A", Supplier shall meet with
personnel from OCSD'S Risk Management Division to review safety and accident prevention
policies and procedures prior to its initial delivery. All subcontractors should be present at this
meeting. Supplier is responsible to inform all subcontractors of the items discussed at this
meeting. This meeting shall occur within five (5)working days of the effective date of the Notice
to Proceed.
16. Drug-Free Workplace
All employees of Supplier who will perform work under this Agreement must adhere to the
California Drug-Free Workplace Act, Government Code Sections 8350 through 8357.
17. Assionments
Neither this Agreement nor any interest herein or any claim hereunder may be assigned
by Supplier either voluntarily or by operation of law, nor may all or substantially all of this
Agreement be further subcontracted by Supplier without the prior written consent of OCSD.
16. Attorney's Fees
If any action at law or in equity 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 it may be entitled.
19. Permits. Ordinances and Regulations
Any and all fees required by Federal, State, County, City and/or local laws, codes and/or
tariffs that pertain to work performed under the terms of this Agreement shall be paid by Supplier.
Fees demanded for obtaining certificates, including associated inspection fees and expenses of
regulatory body inspectors shall be paid by Supplier.
20. Training Certification
When required by regulation, certificates of training shall be maintained on-site for the
duration of the activity that requires an employee of Supplier to be certified. Certificates shall be
current. Lack of certificates when required will be cause for removal of offending personnel from
the site, termination of the Agreement, or both.
21. Compliance With Law
Supplier warrants that under the performance of this Agreement, it shall comply with all
applicable Federal, State and local laws, and all lawful orders rules and regulations thereunder.
In connection with the execution of this Agreement, 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.
22. Disputes
22.1 This Agreement 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 Agreement or the performance thereof. Pending final resolution of
a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and
in accordance with OCSD'S decision.
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22.2 In the event of a dispute as to the construction or interpretation of this Agreement, 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.
22.3 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 at 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 (2) 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 (3)
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. Right to Review Services. Facilities. and Records
23.1 OCSD reserves the rightto review any portion of the services performed by Supplier under
this Agreement, 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.
23.2 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.
24. Incorporated Documents
24.1 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the other incorporated documents, the provisions of this Agreement shall
in all respects govern and control.
25. Severability
Any provision of this Agreement which is found to be invalid or unenforceable shall be
ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability
of such provision shall not affect the validity or enforceability of the remaining provisions hereof.
26. Waiver
The waiver of either Party of any breach or violation of, or default under, any provision of
this Agreement, shall not be deemed a continuing waiver by such Party of any other provision or
of any subsequent breach or violation of this Agreement or default thereunder.
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27. Breach
Any breach by Supplier to which OCSD does not object shall not operate as a waiver of
OCSD to seek remedies available to it for any subsequent breach.
26. 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 Agreement 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.
29. South Coast Air Quality Manaaement 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 Agreement work practices, which may have associated emissions shall comply
with the appropriate rules and regulations of the SCAQMD.
30. Performance
Time is of the essence in the performance of the provisions hereof.
31. Familiarity with Work
By executing this Agreement, 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 Agreement. 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.
32. Damage to OCSD'S Pros)
Any OCSD 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.
33. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than OCSD and Supplier.
34. Authority to Execute
The persons executing this Agreement on behalf of the Parties warrant that they are duly
authorized to execute this Agreement and that by executing this Agreement, the Parties are
formally bound.
35. Read and Understood
By signing this Agreement, Supplier represents that it has read and understood the terms
and conditions of the Agreement.
36. Entire Agreement
This Agreement 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.
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37. Notices
All notices under this Agreement 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: Larry Roberson
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Supplier: R.L. Horne
President
Pennco, Inc.
831 Bartlett Road
Sealy, TX 77474
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair, Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
PENNCO, INC.
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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AGREEMENT
FOR PURCHASE OF LIQUID FERRIC CHLORIDE (FeCI3)
SPECIFICATION NO. C-2016-755BD
THIS AGREEMENTis 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 Kemira Water Solutions,
Inc. with a principal place of business at 4321 West 6'h Street, Lawrence, KS 66049 (hereinafter
referred to as "Supplier") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD requires Liquid Ferric Chloride in its sewage treatment process and has
prepared Specifications (attached hereto and incorporated herein by reference as Exhibit"A")for
the purchase of said Liquid Ferric Chloride;
WHEREAS, sealed bids for the Purchase of Liquid Ferric Chloride, Specification No. C-2016-
755BD were solicited, received and opened on February 29, 2016; and
WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized
execution of this Agreement between OCSD and Supplier; and
WHEREAS, OCSD has chosen Supplier to provide Liquid Ferric Chloride in accordance with
Ordinance No. OCSD-47; and
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 Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and
Supplier. The terms and conditions herein exclusively govern the purchase of Liquid Ferric
Chloride as described in the Scope of Work, attached hereto and incorporated herein by reference
as Exhibit"A".
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as though fully set forth at length herein Exhibits to this Agreement are as follows in
order of precedence:
Exhibit"A" Scope of Work
Exhibit"B" Cost Proposal Form
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibit"D" OCSD Safety Standards
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects
govern and control.
2. Delivery
2.1 LOCATIONS: Deliveries shall be made to Plant 1 located at 10844 Ellis Avenue, Fountain
Valley, CA 92708 and Plant 2 located at 22212 Brookhurst Street, Huntington Beach, CA 92646.
Deliveries shall be made in accordance with Exhibit"A".
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2.2 OCSD will pay only for the actual gallons of Liquid Ferric Chloride delivered, based upon
certified tare weight and net weight. Gallons invoiced by Supplier and payable by OCSD will be
for the total net gallons of Liquid Ferric Chloride 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.
2.3 A delivery statement shall accompany all shipments and state the weight, gallons, specific
gravity of the product and percent delivered.
3. Possession
Ownership and control of all Liquid Ferric Chloride delivered pursuant to this Agreement
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. Quantit
4.1 OCSD makes no guarantee to actual use or quantity of Liquid Ferric Chloride purchased.
Use may be sporadic based on the wastewater treatment requirements unique to each treatment
plant.
4.2 OCSD will, through the term of this Agreement, purchase Liquid Ferric Chloride from
Supplier exclusively, except when OCSD determines Supplier cannot make delivery within the
time specified, with the quality and quantity specified, at the Agreement price, the level of service
is inadequate, OCSD unapproved increase in active dry pound rate or for any other default or
breach of this Agreement. In such event, OCSD may purchase Liquid Ferric Chloride elsewhere
and charge Supplier any difference in the delivered price to OCSD from that provided in this
Agreement, or alternatively, OCSD may terminate the Agreement based on said breach or failure
to deliver the specified product. Quality control tests will be performed by OCSD on the delivered
Liquid Ferric Chloride to ensure that Specifications are attained.
5. Pricing and Invoicing
5.1 Supplier will invoice monthly for delivered Liquid Ferric Chloride per Exhibit"A", and at the
price(s) listed in the Bid Price Form (attached hereto and incorporated herein by reference as
Exhibit 'B"). Prices shall include all cartage and taxes per gallon except California State Sales
Tax. The sales tax will be paid by OCSD.
5.2 OCSD shall pay, Net 30 days, upon receipt and approval by the OCSD Project Manager,
or 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
will mail the invoices to Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley,
CA 92708, attention Accounts Payable. All invoices shall include a description of the delivery
location, the delivery date and the unit price.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.
6. Modifications
6.1 This Agreement may be modified or changed only by written instrument in the form of an
amendment to this Agreement signed by both Parties.
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6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the
one-year Agreement term.Quarterly pricing will not be accepted.Any adjustments made will allow
for increases or decreases in the manufactured cost of the Liquid Ferric Chloride and will be based
upon OCSD validated information furnished by Supplier and OCSD sources. Adjustments will
only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed
price increase or decrease.
6.3 Price changes may be made through the OCSD Purchase Order Process.
7. Aareement Tenn
The purchase of Liquid Ferric Chloride under this Agreement shall be for the period of one
(1) year commencing on July 1, 2016 and continuing through June 30, 2017.
8. Renewals
8.1 OCSD may exercise the option to renew the Agreement for up to four(4)one-year periods
based upon the criteria set forth in Exhibit "A", K mutually acceptable terms can be negotiated.
OCSD shall make no obligation to renew nor give reason if it elects not to renew. The prices
established in the original Agreement may be adjusted.The adjustment will allow for any increase
or decrease in the manufactured cost of the Liquid Ferric Chloride and will be based upon OCSD
validated information furnished by Supplier and OCSD sources.Adjustments will only be reviewed
on an annual basis. OCSD reserves the right to agree with or reject the proposed price increase
or decrease.
8.2 Renewals may be made through the OCSD Purchase Order Process.
9. Termination
9.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without
cause, in whole or in part, at any time, by written notice to Supplier from OCSD. Upon receipt of
a termination notice, Supplier shall immediately discontinue all work underthis Agreement(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 Agreement. Such notice of
termination shall terminate this Agreement 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 Agreement 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 or breach of this Agreement.
9.3 OCSD may also terminate the Agreement for default in whole or in part by written notice
to Supplier from OCSD:
9.3.1 if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or
9.3.2 if Supplier sells its business; or
9.3.3 if Supplier breaches any of the terns of this Agreement.
9.4 All OCSD property in the possession or control of Supplier shall be returned by Supplier
to OCSD upon demand, or at the termination of this Agreement, whichever occurs first.
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10. Indemnification and Hold Harmless
Supplier shall assume all responsibility for damages to property and/or injuries to persons,
including accidental death, which may arise out of or be caused by Supplier's services under this
Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, and
whether such damage or injury shall accrue or be discovered before or after the termination of
the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Supplier
shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials,
officers, agents and employees, from and against any and all claims, liabilities, damages or
expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or
damage to property or interference with the use of property, arising out of or in connection with
Supplier's performance under this Agreement, and/or(b) on account of any goods and services
provided under this Agreement. This indemnification provision shall apply to any acts or
omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of
Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted
by law, Supplier's duty to defend shall apply whether or not such claims, allegations, lawsuits, or
proceedings have merit or are meritless, or which involve claims or allegations that any of the
parties to be defended were actively, passively, or concurrently negligent, or which otherwise
assert that the parties to be defended are responsible, in whole or in part, for any loss, damage,
or injury. Supplier agrees to provide this defense immediately upon written notice from OCSD,
and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD.
11. Insurance
Supplier shall purchase and maintain, throughout the life of this Agreement 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
by reference as Exhibit "C"). Supplier shall not commence work under this Agreement 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 Agreement.
12. Eauipment Loss
OCSD will be responsible for any loss or damage to Supplier-owned equipment, when
OCSD determines OCSD is at fault, and will reimburse Supplier for such loss or damage upon
receipt of invoices, less a deduction for any amount determined to be the fault of Supplier.
13. Conflict of Interest and Reporting
Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in
performance of this Agreement.
14. Supplier's Relationship to OCSD
Supplier's relationship to OCSD in the performance of this Agreement is that of an
independent contractor. The personnel performing services under this Agreement 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 Agreement, 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.
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15. Safety and Accident Prevention
15.1 General: In addition to the requirements set forth in Exhibit "A", Supplier shall meet with
personnel from OCSD'S Risk Management Division to review safety and accident prevention
policies and procedures prior to its initial delivery. All subcontractors should be present at this
meeting. Supplier is responsible to inform all subcontractors of the items discussed at this
meeting. This meeting shall occur within five (5)working days of the effective date of the Notice
to Proceed.
16. Drug-Free Workplace
All employees of Supplier who will perform work under this Agreement must adhere to the
California Drug-Free Workplace Act, Government Code Sections 8350 through 8357.
17. Assionments
Neither this Agreement nor any interest herein or any claim hereunder may be assigned
by Supplier either voluntarily or by operation of law, nor may all or substantially all of this
Agreement be further subcontracted by Supplier without the prior written consent of OCSD.
16. Attorney's Fees
If any action at law or in equity 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 it may be entitled.
19. Permits. Ordinances and Regulations
Any and all fees required by Federal, State, County, City and/or local laws, codes and/or
tariffs that pertain to work performed under the terms of this Agreement shall be paid by Supplier.
Fees demanded for obtaining certificates, including associated inspection fees and expenses of
regulatory body inspectors shall be paid by Supplier.
20. Training Certification
When required by regulation, certificates of training shall be maintained on-site for the
duration of the activity that requires an employee of Supplier to be certified. Certificates shall be
current. Lack of certificates when required will be cause for removal of offending personnel from
the site, termination of the Agreement, or both.
21. Compliance With Law
Supplier warrants that under the performance of this Agreement, it shall comply with all
applicable Federal, State and local laws, and all lawful orders rules and regulations thereunder.
In connection with the execution of this Agreement, 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.
22. Disputes
22.1 This Agreement 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 Agreement or the performance thereof. Pending final resolution of
a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and
in accordance with OCSD'S decision.
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22.2 In the event of a dispute as to the construction or interpretation of this Agreement, 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.
22.3 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 at 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 (2) 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 (3)
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. Right to Review Services. Facilities. and Records
23.1 OCSD reserves the rightto review any portion of the services performed by Supplier under
this Agreement, 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.
23.2 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.
24. Incorporated Documents
24.1 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the other incorporated documents, the provisions of this Agreement shall
in all respects govern and control.
25. Severability
Any provision of this Agreement which is found to be invalid or unenforceable shall be
ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability
of such provision shall not affect the validity or enforceability of the remaining provisions hereof.
26. Waiver
The waiver of either Party of any breach or violation of, or default under, any provision of
this Agreement, shall not be deemed a continuing waiver by such Party of any other provision or
of any subsequent breach or violation of this Agreement or default thereunder.
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27. Breach
Any breach by Supplier to which OCSD does not object shall not operate as a waiver of
OCSD to seek remedies available to it for any subsequent breach.
26. 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 Agreement 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.
29. South Coast Air Quality Manaaement 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 Agreement work practices, which may have associated emissions shall comply
with the appropriate rules and regulations of the SCAQMD.
30. Performance
Time is of the essence in the performance of the provisions hereof.
31. Familiarity with Work
By executing this Agreement, 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 Agreement. 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.
32. Damage to OCSD'S Pros)
Any OCSD 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.
33. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than OCSD and Supplier.
34. Authority to Execute
The persons executing this Agreement on behalf of the Parties warrant that they are duly
authorized to execute this Agreement and that by executing this Agreement, the Parties are
formally bound.
35. Read and Understood
By signing this Agreement, Supplier represents that it has read and understood the terms
and conditions of the Agreement.
36. Entire Agreement
This Agreement 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 8 Specification No. C-2016-755BD
041415
37. Notices
All notices under this Agreement 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: Larry Roberson
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Supplier: Christina M. Imbrogno
Customer Service Manager
Kemira Water Solutions, Inc.
4321 West 61h Street
Lawrence, KS 66049
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair, Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
KEMIRA WATER SOLUTIONS, INC.
Dated: By:
Print Name and Title of Officer
IRS Employers I.D. Number
Orange County Sanitation District 8 of 8 Specification No. C-2016-755BD
041415
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
04/06/16 04/27/16
AGENDA REPORT em Number Iem Numbe
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: SEWER LINE CLEANING FOR CITY OF TUSTIN AND
UNINCORPORATED COUNTY PROPERTY
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 3 to extend the contract term with Performance Pipeline
Technologies for the cleaning services of approximately 90 miles of Area 7 sewer
pipelines and manholes, for an additional six-month period, beginning July 1, 2016
through December 31, 2016,with one additional 6-month renewal option,for an additional
amount of$202,204, increasing the total amount not-to-exceed $404,408.
SUMMARY
BACKGROUND
Contractor services, currently provided by Performance Pipeline Technologies, are
used to clean the local sewers in Service Area 7. This area includes the City of Tustin
and unincorporated county areas north of Tustin, including the El Modena Islands.
Performance Pipeline Technologies was originally the lowest responsive bidder using
a competitive process in 2010. Their contract expired in June 2015 and a sole source
contract was executed in July 2015. This action was taken because these sewers are
currently in the Local Agency Formation Commission (LAFCO) process of being
transferred.
RELEVANT STANDARDS
• Maintain a proactive asset management program
• Less than 2.1 sewer spills per 100 miles
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
• Ensure that the public's money is wisely spent
PROBLEM
LAFCO is reviewing the transfer of Area 7 sewers to another public agency, had
unexpected delays and is now projecting a transfer by December 2016. The current
contract expires on June 30, 2016. Changing vendors will require an expensive start-
up for a new firm as equipment costs exceed $1.0 million. In addition, a lapse of
service is likely because of start-up activities for a new firm and risks associated with
learning the sewer system as required for a new vendor.
Page 1 of 2
PROPOSED SOLUTION
In order to avoid lapse in services, risks associated with start-up, and undue burden
on vendor, an extension to the existing contract based on the current cleaning plan
best meets the Orange County Sanitation District's needs. Performance Pipeline
Technologies has agreed to hold its current unit price schedule firm during the
extended contract period.
RAMIFICATIONS OF NOT TAKING ACTION
A lapse in service, short term decrease in reliability, and increased potential for spills.
PRIOR COMMITTEE/BOARD ACTIONS
May 2015, approved a Sole Source Contract, Minute Order 7.
ADDITIONAL INFORMATION
Approval of this contract extension does not guarantee the total contract amount be paid
to the Contractor should services not be utilized. Therefore, if the sewers are transferred
sooner, the contract will be terminated.
An annual service contract was awarded in 2010, and included four 1-year renewals.
Bidding complied with Orange County Sanitation District (Sanitation District) policy,
procedure, and authority levels. Performance Pipeline Technologies was the lowest
responsive bidder.
CEQA
N/A
BUDGET/ PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance OCSD47. This service is included in the proposed Operations and
Maintenance FY 2016- 2017 Operating Budget (Line item 90) Object number 53180.
Date of Approval Contract Amount Continpencv
5/27/2015 $202,204 $0.00
4/2 712 01 6 $202,204 $0.00
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• Contract Amendment No. 3
• Previous Contract Amendments No. 1 & 2
MAE:eh:sr
Page 2 of 2
AMENDMENT NO. 3
To
Sole Source Service Contract
For
Sewer Line Cleaning for City of Tustin and Unincorporated County Property
THIS AMENDMENT TO THE AGREEMENT is made and entered into, to be effective on the date
set forth below, by and between Orange County Sanitation District (hereinafter referred to as "OCSD") and
Performance Pipeline Technologies (hereinafter referred to as "Contractor') collectively referred to as the
"Parties".
WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between
OCSD and Contractor, the effective date of which is July 1, 2015 ("the Contract"); and
WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be
called Amendment No. 3 ("Amendment"); and
WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized
execution of this Amendment between OCSD and Contractor; and
WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the
Contract and become a part thereof from the beginning; and
WHEREAS, the Parties desire that the Contract as modified by Amendment No. 1, Amendment
No. 2, and this Amendment shall constitute the sole and entire Contract among the Parties;
NOW, THEREFORE, in consideration of these premises and the mutual covenants contained
herein, the Parties agree to amend the Contract to:
1. Section 2 Compensation — Increase compensation for this Contract by an additional two hundred
two thousand two hundred four dollars ($202,204.00). Compensation for this Contract shall not exceed the
total amount of Four Hundred Four Thousand Four Hundred Eight Dollars ($404,408.00).
2. Section 9 Contract Term — Extend the current termination date from June 30, 2016 to December
31, 2016. Include an additional option to renew the Contract for up to one (1) six-month period in
accordance with the terms and conditions set forth in this Section.
Except as expressly amended above, the Contract will remain unchanged and in full force
and effect.
1 of 2
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Amendment No. 3 to be signed by the duly authorized representatives as of the day and year last signed
below.
Oranae County Sanitation District Performance Pipeline Technologies
By:
Contracts/Purchasing Manager Date Date
Name:
Chair, Board of Directors Date
Title:
Clerk of the Board Date
3130/16
2 of
AMENDMENT NO. 1
To
Sole Source Service Contract
For
Sewer Line Cleaning for City of Tustin and unincorporated County Property
THIS AMENDMENT TO THE CONTRACT is made and entered into, to be effective on the date
last signed below, by and between Orange County Sanitation District hereinafter referred to as "OCSD"
and Performance Pipeline Technologies (hereinafter referred to as " Contractor') collectively referred to as
the"Parties".
WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between
OCSD and Contractor, the effective date of which is July 1, 2015 ("the Contract"); and
WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be
called Amendment No. 1 ("Amendment"); and
WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the
Contract and become a part thereof from the beginning; and
WHEREAS, the Parties desire that the Contract as modified by this Contract shall constitute the
sole and entire Contract among the Parties;
NOW, THEREFORE, in consideration of these premises and the mutual covenants contained
herein, the Parties agree to amend the Contract to:
1. Replace the existing Orange County Sanitation District Sanitary Sewer Overflow Notification
Procedures in the Scope of Work with the latest version dated August 3, 2015 (attached hereto and
incorporated herein together as Exhibit "A-1").
Except as expressly amended above, the Contract will remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Amendment No. 1 to be signed by the duly authorized representatives as of the day and year last signed
below.
Oran u Sanitation District Performance Pipeline Technologies
By: l Z�` /0- 5-IS
Co tracts/Purchasing Manager Date
10124e Name: Geue (OLASShW,Jc/
Date
Title: OU�,tlr�
10/2/15
Procedure No: ECSOP-009
a COUrdy Sanitation District Path: WntglobanControl Center
Orange Reports\Spill Procedures&FormMOLD
Fonns-Procedures\SSO Notification
Procedures Official_05.30.14.doc
Sanitary Sewer Overflow Notification Date: August 3, 2015
Procedures Approved by: James Colston
PROCEDURE REVISION HISTORY
Rev. Date Approval
0 March 30, 2004 Robert P. Ghirelli,Technical Services Director
1 April 12, 2006 Robert P. Ghirelli,Technical Services Director
2 August 21, 2007 Edward M. Torres,Technical Services Director
3 January 16, 2009 Edward M. Torres,Technical Services Director
4 February 10, 2011 James E. Colston, Environmental Compliance
Manager
5 August 3, 2015 James E. Colston, Environmental Compliance
Manager
1. PURPOSE AND SCOPE
The purpose of the Sanitary Sewer Overflow (SSO) Notification Procedures is to
provide a procedure for prompt notification to Orange County Sanitation District
(OCSD) staff and appropriate public agencies of an unauthorized release of
wastewater(raw or treated sewage or industrial wastewater). It also clarifies the
roles of each division regarding SSO response and reporting responsibilities.
2. DEFINITIONS
A. CASC: Countywide Area Spill Control Program
B. CIWQS: California Integrated Water Quality System - SSO Reporting System
C. LRO: Legally Responsible Official that certifies SSO Reports in CIWQS
D. Non-Working Hours: Hours when day-shift staff are not on-site.
E. OCHCA: Orange County Health Care Agency
F. OCSD's Service Area: Includes corridors where the regional trunk sewers,
interceptor, and pump stations are located. Also includes local sewers where
OCSD has operations and maintenance responsibility.
G. DES: Office of Emergency Services
Sanitary Sewer Overflow Notification Procedures 1 of 18 Effective 08-03-15
Procedure No.ECSOP-009
H. Private Property SSO: Sewage discharges that are caused by blockages or other
problems within a privately owned lateral. SSOs that are caused by a blockage in an
OCSD-owned line are not considered private property per the definition in the Statewide
SSS WDR permit.
I. OC Public Works: Orange County department that protects the public county-wide
from the threat of floods by constructing, operating and maintaining major flood control
channels, dams, retarding basins, pump stations.
J. RWQCB: California Regional Water Quality Control Board, Santa Ana Region
K. SSO: Sanitary Sewer Overflow; or sewage spill
L. SSS WDR: Statewide General Waste Discharge Requirements for sanitary
sewer systems issued on May 2, 2006, by the SWRCB to all federal and state
agencies, municipalities, counties, districts, and other public entities that own or
operate sanitary sewer systems greater than one mile in length that collect
and/or convey untreated or partially treated wastewater to a publicly owned
treatment facility. An updated MRP was approved on September 2013.
M. SWRCB: California State Water Resource Control Board
N. Working Hours: Monday— Friday, 6:30 a.m. —5:00 p.m.
3. RESPONSIBILITIES OVERVIEW
A. Division 140, Public Affairs: Receive and respond to phone rails from the
media or general public related to SSOs. Visit an SSO site when media is
present. Notify cities, fire departments, police departments, etc. of SSOs when
public relations are warranted.
B. Division 250, Information Technology: Work with Division 340, 790, and 830
to resolve problems with Internet/Network connection when non-operational.
Once the Internet/Network is operational, relay the information to the appropriate
division.
C. Division 260, Risk Management: Responds to ensure that the safety of
responders and the public is not compromised while carrying our response
operations. Risk Management provides critical support with SSOs, and
emergency operations center activations including establishing an incident
command post in the field.
D. Division 340, Collections: Project manager and the division responsible for the
SSS WDR to develop, implement, maintain a preventative maintenance program,
and certify SSO reports. Respond to reports of possible SSOs from OCSD's
facilities; Contain and coordinate the cleanup of OCSD SSOs, including making
every effort to recover sewage from the storm drain before it reaches a surface
water; Document actions taken using field reports, pictures, maps, etc.; Assist
member agencies when possible and document actions; Deal directly with
private property owners, this does not necessarily mean field staff but individuals
should be instructed to contact supervisors/management if they have specific
questions. The Manager is a designated LRO that can certify SSO Reports.
Sanitary Sewer Overflow Notification Procedures 2 of 18 Effective 0953-15
Procedure No. ECSOP-009
Also responds to reports of possible SSOs that may involve industrial process
waters and document actions taken. Responsible for the Water Quality
Monitoring Requirements collection of SSO samples from SSOs to surface
waters in which 50,000 gallons or greater are spilled to surface waters. This
includes collections of SSO samples, labeling of samples, delivery of samples to
the Lab, replenishing Water Quality Sampling spill kit supplies, and documenting
the sampling.
Designated Collections Office Staff(and back-up Person)
• Compile all SSS WDR required SSO information, including field reports,
pictures, maps, sampling results, calculations, problem reports, and
submit package to Division 790 in a timely manner for review (i.e. For a
Category 1 and 2 report, submit information by the second day. For a
Category 3 report, submit information by the 151n of the following month).
File in appropriate directories;
• Coordinate with EC regarding CIWQS SSO Reporting System issues;
• Provide training for Division 340 CIWQS SSO Reporting System issues
and reporting responsibilities;
• Point of contact for Division 790. Relays information provided by 790 to
340 staff.
E. Division 790, Environmental Compliance (EC): Liaison with regulators and
SSS WDR compliance overseer. Assure regulatory agency notifications and any
additional necessary notifications are fulfilled. Visit SSO site as required in the
EC Sanitary Sewer Overflow Response Procedure, EC-SOP-008. Submits drafts
of the Category 1, 2, and 3 SSOs to CIWQS for compliance with the SSS WDR.
Review SSO reports before certification by Legally Responsible Official. Assist
with SSO tracking and attend meetings to clarify compliance related issues and
requirements. Provide support by contacting CASC contractors to respond to
SSOs that enter flood control channels. Coordinate the Water Quality Monitoring
Requirements per Section 4, subsection F, with Collections and Laboratory.
Report the Water Quality Monitoring results from the Laboratory to CIWQS.
F. Division 830, Operations— Plant No. 1: Control Center: Coordinate SSO
response by receiving and processing preliminary information on possible SSOs.
Notify necessary divisions, member agencies, and regulatory agencies (after-
hours) by phone, radio, text (PNA) and numeric pagers, and e-mail as necessary.
Document actions by filling out the SSO report in the CIWQS SSO Reporting
System. If the CIWQS SSO Reporting System is down at the time of the SSO,
complete the SSO report on the appropriate CIWQS SSO Reporting System data
sheet found in the Collections System Binder and follow up by entering the data
into the CIWQS SSO Reporting System at a later time.
G. Division 890, Environmental Sciences Lab and Ocean Monitoring: Receive
water quality samples from Collections staff on SSOs to surface waters in which
50,000 gallons or greater are spilled to surface waters. Perform analysis on
water quality samples. Report water quality samples results to Environmental
Compliance staff. Supply Collections staff with water quality sampling spill kits
when requested.
Sanitary Sewer Overflow Notification Procedures 3 of 18 Effective 08-03-15
Procedure No. ECSOP-009
H. Member Agencies (Cities and Sanitation Districts): Respond to reports of
SSOs that may involve their Collections systems or private sewer systems that
may impact the municipal storm drain system. Contain and clean-up their
respective SSOs, protect their storm drains, and notify necessary regulatory
agencies.
I. OC Public Works and Stormwater Co-permitees: Protect County and co-
permittee stonnwater conveyance facilities from illegal discharges (including
sewage). Provide support by contacting CASC contractors to respond to SSOs
that enter flood control channels.
J. Orange County Health Care Agency: Goal is to protect the public health from
an SSO including responding to SSOs and closing beaches and other
recreational waters.
K. Private Property Owner: Remove the blockage (e.g., call a plumber) and stop
using water that goes to the sewer until the blockage is removed. OCSD may
assist with containment and clean-up if sewage enters public right-of-way. Local
city or OC Public Works or OCHCA stormwater code/ordinance enforcement can
assist with uncooperative owners. OCSD is not authorized and will not
participate in the cleaning of any privately owned lateral lines.
4. SSO REPORTING AND NOTIFICATION PROCEDURES
NOTE: Regulatory and other affected agencies require initial notification as soon
as possible without jeopardizing the response process (no later than two
hours).
A. SSO Report Received
(1) Control Center staff shall initiate documentation of the reported SSO (who,
what, when, where, why) on a Spill Interview Form (Attachment A .
(2) Control Center staff shall determine whether the reported SSO is in the
OCSD's service area or is the responsibility of another agency using the
Sphere of Influence, Sewer Atlas, other available resources in the Control
Center, and/or with the assistance of Collections staff.
B. SSO from the OCSD's Facilities
(1) If the Control Center determines that the possible SSO may be related to the
OCSD's facilities, Control Center staff shall contact and relay the available
information for investigation and/or control of reported SSO to the on-duty
Collections Supervisor or Designee during the day shift or standby Collections
staff during after-hours.
(2) Control Center staff shall notify OCSD staff and regulators of the possible
SSO via an Outlook e-mail and provide the available information to the Spill
notification - Sewage with PNA distribution list (see Attachment B for
recipients— includes internal, OCHCA, OC Public Works, and RWQCB staff).
For small, non-critical events (using the Operations supervisor's best
judgment) when reports are taken between 10 p.m. and 5 a.m., the control
Sanitary Sewer Overflow Notification Procedures 4 of 18 Effective 08-03-15
Procedure No. EC-SOP-009
center staff may utilize the Spill Notification - Sewage w/o PNA (Attachment
5) (no pagers are noted). The following information should be included in
the preliminary e-mail notification if available:
• Responsible city, agency, private property owner
• Date and time
• Incident location including address and city
• Problem description
• Response status
• If it entered a storm drain
• Estimated volume
(3) Upon arrival on site and preliminary investigation of reported SSO,
Collections staff will confine whether or not there is an SSO and the status of
their response and containment.
(4) Collections staff will make sketches and take photographs of the SSO, and
they will forward digital files to the designated Collections Office staff
responsible for compilation of SSO reports. Collections staff will file all SSO
documents on the electronic server at: H:\dept\fss\340\Groups\Collections
Facilities O&M\Common\Field Photos\SPILL REPORTING PHOTOS.
(5) Control Center staff will send out intermittent updates as new information
becomes available to the Spill notification - Sewage with PNA subscribers.
(6) The on-duty member of the EC staff shall notify OCHCA staff with a phone
call for any SSO volume (see Attachment C). If the SSO is equal to or
greater than 1,000 gallons also contact DES.
• During the night and weekend shifts: contact the County of Orange
Control 1 instead of OCHCA.
• Responsible staff shall complete all applicable regulatory notifications
in accordance with the Decision Table in Attachment C.
(7) Collections staff or managers may request Control Center staff to contact
other staff that may be required (e.g., ESL, Public Affairs, EC, Contractors).
They may also request Control Center staff to determine the location and
direction of flow for storm drains in the SSO area, This information is located
on a set of 80 large County of Orange facility drawings in the Control Center
or online at OC Public Works website
hftp://www.ocwatersheds.com/watersheds.aspx
(8) Control Center staff shall create a service request number in the CMMS
System. Staff will then enter the SSO data into the CIWQS SSO Reporting
System or if it's non-operational on the appropriate CIWQS SSO Reporting
System data sheet found in the Collections System Binder and follow up by
entering the data into the CIWQS SSO Reporting System at a later time.
Documentation in either the CIWQS SSO Reporting System or data sheet will
continue throughout the SSO response and related preliminary information
received during communications with the responding Collections staff.
Sanitary Sewer Overflow Notification Procedures 5 of 18 Effective 0jZ 15
Procedure No. ECSOP-009
Control Center staff shall confirm all field-related preliminary information on
the CIWQS SSO Reporting System with Collections staff and send updates to
the Spill notification- Sewage with PNA distribution list as information
becomes available.
(9) When Collections staff and Control Center staff believe the preliminary
information is as complete as possible for the response and clean-up (usually
after Collections staff leaves the site), Control Center staff shall povide a final
notification of the SSO to the Spill notification - Sewage with PNA distribution
list.
(10) By the end of the reporting period, the designated Collections Office Staff
shall review the SSO report and any information provided by other divisions
including Collections, and Construction Management to verify the preliminary
information and to ensure accuracy. The designated Collections Office staff
will make any necessary changes and additions in the CIWQS SSO
Reporting System and submit the final report to EC staff in a timely manner
for their review. EC shall perform Quality Assurance/Quality Control of the
final report and make necessary corrections in the CIWQS SSO Reporting
System. When all changes are complete, EC staff will click on the Ready to
Certify button so that the LRO can certify the SSO report for compliance. (see
EC Sanitary Sewer Overflow Response Procedure, EC-SOP-008)
C. SSO from Private Property
(1) Control Center staff shall notify and/or dispatch Collections staff, especially in
Area 7, to determine if the OCSD sewer is causing the problem.
(2) See Section B above. Response is the same. However, no field pictures,
sketches or calculations are required. Control Center staff shall note in the
CIWQS SSO Reporting System that the problem was a Private Property
SSO. Information provided in the CIWQS SSO Reporting System will include
the following:
• Responsible private property owner
• Date and time
• Incident location including address, city and zip code
• Problem description
• If it entered a storm drain
• Estimated volume
(3) If Collections staff informs Control Center staff that the blockage is located in
the private property owner's lateral, they will request the owner/property
manager to relieve the blockage (including calling out a plumber immediately
if necessary). Due to liability concerns and the possibility of damage to the
property owner's line in OCSD trying to solve the situation, it is against OCSD
policy for Collections staff to work on private lines, although supervisors or
management may authorize this work on a case-by-case basis.
(4) /f the property owner or the occupant of the property can not be reached
or refuses to call a plumber AND the private property discharge is
Sanitary Sewer Overflow Notification Procedures 6 of 18 Effective 08-03-15
Procedure No. EC-SOP-009
entering the public right-of-way or a storm drain, Environmental
Compliance staff shall call OC Health Care (714-433-6419) (Control 1
after hours— 714-628-7008) to request health code%rdinance
enforcement assistance. Environmental Compliance staff can also request
response from the City of Tustin Code Enforcement Office during working
hours (714-573-3106) for issues within the City limits (NOT in Unincorporated
OCSD 7). The County and the local cities are required by their NPDES
permit to not allow sewage to discharge to storm drains, and they have the
legal authority to enforce their requirements, which may include shutting off
the water supply and other measures.
(5) If a member of the public calls to report a reoccurring or ongoing SSO on
private property or that we can not otherwise assist them, they can report the
problem by calling 24-Hour Water Pollution Problem Reporting Hotline
877-891-7455 or logging onto htto:/hvww.ocwatershed.com/ and clicking
on Pollution Hotline. Staff can also use this mechanism, but official agency
calls should be made to Control Center.
(6) Control Center staff shall provide a final notication through Spill Notification -
Sewage w/o PNA (Attachment B) that the spill response has been completed.
(7) EC staff will include the Private Property SSO report as part of the CIWQS
SSO Reporting submittal.
D. SSO NOT Located in the OCSD's Service Area or OCSD Staff Does Not
Respond to SSO Site
(1) Control Center staff shall:
a. Refer the problem to the correct agency.
b. Document the agency's name, contact person, time of contact, and
phone numbers on the internal Collections System Problem Report.
E. SSO NOT OCSD's Facility BUT Responsible Agency Requests Assistance
(1) Control Center staff shall notify and/or dispatch Collections Facilities staff, if
available.
(2) See Section B above. Response is the same. However, no field pictures,
sketches or calculations are required. Control Center staff shall note in the
internal Collections System Problem Report that the problem was not an
OCSD's SSO.
(3) Provide notification through Spill Notification - Sewage w/o PNA (Attachment
5) as usual
F. Water Quality Monitoring Requirements —Sampling and Testing
Water quality sampling and testing is required to assess impacts from SSOs to
surface waters in which 50,000 gallons or greater are spilled to surface waters.
Sampling is conducted by the Collections staff, Testing is conducted by the
Sanitary Sewer Overflow Notification Procedures 7 of 18 Effective 08-03-15
Procedure No. EC-SOP-009
Laboratory staff, and Reporting is conducted by Environmental Compliance staff.
The water quality monitoring requirements are listed below:
(1) In the event of an SSO that reaches a surface water and has a volume of
50,000 gallons or greater the Collections staff will inform their Supervisor and
the Control Center that water quality sampling will be performed. The Control
Center will then notify appropriate staff(e.g. Environmental Compliance spill
reporting staff who will coordinate the Water Quality Monitoring response).
(2) The Collections staff shall use personal protective equipment (PPE) while
performing sampling and proceed only when it is determined to be feasible
and safe. The Collections staff will be equipped with a Water Quality
Sampling spill kit (e.g. sterilized bottles, labels, and chain of custody form).
(3) The Collections staff shall collect water quality samples from three (3)
locations in the receiving water in which the SSO entered:
i. 50 feet upstream of the SSO point of entry in the receiving water;
ii. at the SSO point of entrance in the receiving water;
iii. 50 feet downstream of the SSO point of entry in the receiving
water.
(4) Collections shall photograph, map, and mark the location of the three (3)
sample locations for future reference in the field report.
(5) Collections shall collect one (1) each of bacteriological water sample in a
special sterilized bottle from the upstream, entrance, and downstream
receiving water site. The sterile bottles can be found in the Water Quality
Sampling spill kit.
(6) Collections shall collect one (1) each of ammonia sample in a special
sterilized bottle from the upstream, entrance, and downstream receiving water
site. The sterile bottles can be found in the Water Quality Sampling spill kit.
(7) Collections shall label the six (6) field samples with the date, time, location,
and sampler's initials.
(8) Collections shall keep the samples under ice until transferred to the OCSD
laboratory.
(9) Collections staff will bring samples back to OCSD laboratory for analyses and
fill out the chain of custody form (COC) as soon as possible.
(10)Samples are assigned chain of custody forms that are completed throughout
the sampling, analysis, and reporting process.
(11)OCSD laboratory staff shall log the samples into LIMS and analyze the six
(6) field samples for ammonia and appropriate bacterial indicator. Ammonia
and bacterial indicator analysis procedures are maintained at the Laboratory.
Sanitary Sewer Overflow Notification Procedures 8 of 18 Effective 08-03-15
Procedure No. EC-SOP-009
(12)The Laboratory shall provide the results of the analysis to Environmental
Compliance for inclusion in the SSO report.
5. REFERENCES
California Code of Regulations, Title 23, Section 2250
California Fish and Game Code, Chapter 2, Article 1, Section 5650
California Health and Safety Code, Division 5, Chapter 6, Article 2, Sections
5410-5415, 5460-5462
California Water Code (Porter Cologne Act) Section 13271
EC Sanitary Sewer Overflow Response Procedure, EC-SOP-008
State Water Resources Control Board Order No. 2006-0003, Statewide General
WDR for Wastewater Collection Agencies
S. ATTACHMENTS
A. Control Center Spill Interview Form
B. Spill Notification Contacts
C. Spill Notification Decision Matrix and Contact List
Sanitary Sewer Overflow Notification Procedures 9 of 18 Effective 08-03-15
Procedure No. ECSOP-009
Attachment A
Collection System Problem Report—Sample Form
Page 1 of 2
Orange County Sanitation District
CONTROL CENTER SPILL INTERVIEW FORM
Call Initiated: Date: Time: CMMS Work Order k:
PERSON REPORTING PROBLEM:
Date First Noticed Spill: Time First Noticed Spill:
Name: Agency:
Spill Location:
City: Phone#
(Use Unincorporated Coanry if applicable)
Nearest Cross Street: Thomas Guide'Page&Coordinates:
IF A RESIDENT IS REPORTING PROBLEM: Notes:
Example Opening statement Well Ee dispatching our field craw,momentarily. To help us most effectively respoM to your call,
we need some additional masaination. These questions should only take a minute,but volt help us tremendously in better
resporxling to your toll.
For me new responders, is mere a g000 re erence
landmark?(shops, hooves,etc.)
Did you see water flowing from a manhole? Yes❑ No Ll Don't Know _
If not,where is it coming from?
Why do you think it's sewage? (Is there an odor?/Does
the manhole say"OCSD"or"sewerT)
How fast is the water Flowing?(Is it a small trickle out the
side or is it ithing thomob all outlets with form?
Is the water flowing in or to the street utter? Yes No Don't Know Lj
Do you know if storm drain catch basin is nearby? YCS No Don't Know
Is the water Flowing to or about m get to that catch basin? Yes No Don't Know
Approximately bow wide and deep is the(Flowing or wet) Dee : Wide:
water path? P
Have you called any other agencies ar did another
agency refer you to us?
IF ANOTHER AGENCY IS REPORTING PROBLEM: Notes:
If we find out me spill belongs to another ctlylagency always ask the question: is your agency,handling all no iacati
m ans 8
docuentation?' If they are,OCSD only has to document our Involvement.
I. Do you have a crew currently onsite? Yes❑ No❑ Don't Know❑
a. Use,have they contained the spill and protected storm Yes❑ NO ❑ Don't Know❑
drains?
b. If rmt,will your agency be responding? Yes No Don't Know
2. Is the water flowing in or to the street gutter? Yes Nol j Don't KnowEj
3. Is the water flowing to a storm drain/catch basin? YesLjNoLjDon't Know
Lj
a. Approximately how wide and deep is the(Ilm%mg or Deep:_ Wide'
wait water path?
Sanitary Sewer Overflow Notification Procedures 10 of 18 Effective 08- 33-15
Procedure No. EC-SOP-009
Although ure will be responding as quickly as possible sru request thus
If the answers to In and 1b.are NO,and 2 or 3 is your staff sun protecting the smrm dmins,setting up containment and
YES,then you should state the following: my necessmy trelttc conmol until we WNW unarm. These measures me
Y B imponent to protect the environment and possibly prevent a beech
closure.
How fast is the water flowing?(Is it a small trickle out the
side or is it gushine through all outlets with form?)
Sanitary Sewer Overflow Notification Procedures 11 of 18 Effective o8-03-15
Procedure No. ECSOP-0o9
Attachment A _
Collection System Problem Report— Sample Form
Page 2 of 2
Orange County Sanitation District
CONTROL CENTER SPILL INTERVIEW FORM
QUESTIONS FOR THE COLLECTIONS CREW: Notes:
Fill in the Blanks: If there are any blanks left on page one,ask Collections these questions when they
arrive onsite.
General information:
Is this a District problem(i.e., in,from, or caused by District's facilities)? Yes❑ No ❑
Type of spill: Sewage ❑ Chemical (I.W.) ❑ Other❑
Size of line(not cleanouq: inches Did any sewage reach storm drain? Yes ❑ No ❑
List receiving water(ifknown): Newport Bay❑ Santa Ana River❑ San Gabriel River❑Other
Cause of spill: Grease ❑ Roots ❑ Other Debris ❑ Rain-related Inflow❑ Line Break ❑
Vandalism ❑ Other❑
Initial Estimated volume: gallons Estimated amount recovered to sewer or vactored: gallons
Response:
Responding Personnel:
Responding Vehicles:
1.)Time Collections was first contacted: 2.)Time arrived onsite:
3.)Time containment set: 4.)Time blockage cleared:
5.)Time clean up complete/left site:
Sanitary Sewer Overflow Notificafion Procedures 12 of 18 Effective 0843-15
Procedure No. EC-SOP-009
Attachment B
Spill Notification Contacts
CONTACTS CONTAINED IN SPILL NOTIFICATION- SEWAGE
DISTRIBUTION LIST
Name Division I Agency Notified via E-mail or
PNA Pager?
Jim Herbern 110 Boar
Bob Ghirelli 110 Both
Jennifer Cabral 110 Both
Wesley Bauer 260 Both
George Rivera 260 Both
Randall Kleiman 260 E-mail
Nick Amontes 310 Both
Me*Esquer 310 Both
Pemn,Echavarria 310 Email
William Cassidy 340 Both
Peter Cherie 340 E-rnae
Donald Cleveland 340 Both
John Gonzalez 340 Both
James Cabral 340 Both
Eric SbaMoen 340 Both
Mike Bolster 340 Both
David Yager 341 PNA
Brian Reed 342 Emad
Hamlet Khublall 750 Email
Terry Kris 760 Email
Dindo Carrillo 790 Both
Lisa Ha 790 Both
Use It 790 Both
Jim Colston 790 Both
Deirdre Smarten 790 Both
Tom Meremillano 790 Email
Tom Gawaski 720 E-mail
Memll Seiler 790 Both
Mice Zsdek 790 Email
Ed Tones 810 Email
Tony Lee 830 Email
Peter McGrath 830 Both
Victoria Raymond 830 Email
John Bellit9 830 Email
Mike Berdis 830 Both
Ken Won $30 Both
Kurt Shelp 830 Email
Jim Spears 830 Both
Mike VwWirckelmann 890 Email
Ron Coss 890 Email
Superacdpt numbers Waste order of EC respwdem
Sanitary Sewer overflow Notification Procedures 13 of 18 Effective 08-03-15
Procedure No. EC-SOP-009
CONTACTS CONTAINED IN SPILL NOTIFICATION- SEWAGE DISTRIBUTION —
EXTERNAL
Notified via E-mail or
EYokoyama
ame Division/Agency PNA Cell?
n OC Public Works Email
ChrisCrompton OC Publie Wanks Email
OC PubW Works Email
OC Pubic Wong E-mail
Lon ler OCHCA E-mail
ama OCHCA E-mail
RWOCB Email
'Ile RWOCB E-mail
EC CONTACT INFORMATION
Back-Up Order
Name Internal Cell
D-mdo Carrillo' 1-EC 790 x 7476 (714)343-0333
Lisa Hare 2-EC 796 x 7404 (714)330-0827
Lisa Rothbart 3-EC 790 x 7405 14 227-9886
Jim Colston 4-EC 790 x 7450 (714)803-1397
•EC Primary Spill Responders will carry EC Spill cell phone(714343-0333).
NOTIFICATION CONTACTS
Normal Hours After Hours
OCpCA(Please call down the list until someone has been Contacted) Control 1: (714)628-7008(will contact
m(714)433-6419(Office Support Staff) OCHCA on-call staff)
Dan Yokoyana (714)433.6288
to Larry Brennla (714)433.6284
RWOCB—Water Board Santa Ana Region(951)7824130 24 hours: (951)7824130
Najah Amin(951)320.6362 OES: (800)852-7550
OES (Office of Emergency Services)(800)852-7550 24 hours
OC Public Works
(714)955-0600(storm drain/flood channel facility owners) Control 1: (714)628-7008
877 89-SPILL 897-7455 24 Hr Hotline
Callmns (949)724-2607 24 hours
California Highway Patrol OC Communications Center(949)559-7888 24 hours
traffic control/road way hazard on hichways and unincorporated areas
Cad Warren&Company Ed Garbo(Home): (714)283.8769
OCSWs Third Party Administrator Joan Week(Home): (714)549-0703
(publialprivae property damage)
(800)572.6900
Ed Garbo(714)740-7999,x123
Sanitary Sewer Overflow Notification Procedures 14 of 18 Effective 08-03715
Procedure No.ECSOP-009
CITY, SEWER, AND WATER AGENCY CONTACTS
CITY BUSINESS OFF-HOURS NOTIFICATION E- COMMENTS
HOURS MAIL
PUBLIC WORKS I CITIES
Anaheim F14)765-6850 (714)765b15 W IvechioneCcOnaheim.net 24-hr Emergency Dispatch
14 765.3300 14 7654860 Off-hrs.
Brea (714)990.7648 (714)990-7911 Jemm(EldAiea.ca.us Off-hours: Police Dept.
714 990.7691
bionesAbuenaoarcco
Buena Park (714)562-MSS (714)5623902 In Off-hours: Police Dept.
rhunt buene aik.com
Qy QuezAucypmss.
Cypress (949)724-7502 (562)594-7232 a.us, Off--hours: Police Dept.
(714)2296760 (714)2296600 pdickwnrdci.cvpres&ca
.us
Fountain Valley (714)593-4493 14)593A483 Steve.hauerwaasMun
tainvallev.om Off-hours:Police Dept.
714 593-0600
dandPci.fullerton.ra.us.
PattyL(a.d.fullenpn.ca,u
s(sewer spills),
(714)7386715 BNRAci.fullertoo.ca.us
Fullerton (714)7386897 (714)7386700 (sewer spills) Oft-hours: Police Dept.
GeneVis ci.fullerton.ra.
us(stormthanna0,
Doue RGpci.fullertcn.oa.
us stonelhezmat
(714)960.8861 caravi5surfaty-h1h.om
Huntington Beach (714)960-8830 (714)960-8825 iionesr@surtdty-hb.om Op-hours: Police Dept.
714 536-5921
(949)453-5300 kilanigbirwd.com
Irvice (949)724-7516 (949)724-7000 p.d. O Police Deice De Call IRWD w
949 724-7600 pt.
La Habra (562)905-9708 (562)---.— caracilo com nafametealahabr Off-hours:Police Dept
562 905-9782
La Palma (714)523-1140 (714)6903368 ofik amaCiwuAaoalma. Off-hours: Police Dept
Laguna Beach (949)497-0765 "497-0717 Off-hours:Police Dept.
Hours:7am-3:3
Newport Beach (949)644.3011 (949)644-3717 ebur!Acitv.newoort-
beach.ca.us Off-hours: Police Dept.
Orange (714)744-5525 (714)538-1961 Xcertscher(d dirmforan
14 5326480 e.cr
Placentia 14 993.8245 14 993-8164 WA Off-hours:Police Dept.
San Clemente (949)366-1563 (949)366-1553
848 361-8224
San Juan (949)493-6363 Off-hours:Answering
Capistrano 949 443-1171 (949 Service
Santa Ana (714)647-3380/ (714)8344211 p.d. Rick Strenberg cell:(714)
3344 402-7042 or Police Dept
Seal Beach 562 431-2527 5M)7994100 WA Off-hours:Police Dept.
t smAciatenton.ram
(714)3794M, (714)288-6742 s
Stanton )Q05 (Sherfffs) 6 dassrdci.stantomca.0 Off-hours:Sheriffs Dept.
s
(714)573-3150 rveeRtustinca.om
Tustin (714)5733 (714)SM3225200, Police aocnzeles(rt sfincca.om Off-hours:Police Dept.
Field Service kncuvenGptusGnra.am
Cell(714)337-5214 1 oNhallAmIlaoark.om Off-hours: Lead
Villa Park (714)998-1500 (714)497-7391 Maintenance Mike
Knowles and Ken Domer
Westminster 14 898-3311 14 898-3315 1 Off-hours:Jeff Howell
Sanitary Sewer Overflow Notification Procedures 15 Of 18 Effective 08-03.15
Procedure No.ECSOP-009
(0 for operebr) 1A26 wee Public Works Manager,eM.
or 911 6290
Yorba Linda C' 14 951-7170 14 990-7911 1 1 Off-hours: Police Dept.
SANITATION DISTRICTS
(949)631.1731 (714)7544WM lomfauth0ci.costa- Off-hours:Answering
Costa Mesa (714)393-4433 (714)3934433/ mesa.ca.us Service/Police Dept
714 337-3535 7545152
Dana Point (949)499-4555 Ernie Garde Oft-hours:Answering
(part of SCWD 949 496.9322 2WO137 Service at 949 499.4555
Garden Grove (714)741-5395 (714)7415704 p.d brenthAu.aarden-mve,ca.us Oft-hours: Police Dept.
LA.Sanitation 662 699-7411
Midway City and (714)893-M3 (714)310.9004 Oft-hours:Standby
Westminster Cellular phone
O.C.S.D. 14 962-2411 14 593-7025 Off-hours:Control Center
Rossmoor Loa Off-hours:Standby Pager
Alamitos Sewering (562)431-2223 (582)708-1772 OR General Manager
District (562)4004M Susan Bell OR Mekkty
Hiller
Sunset Beach ( )493-9932 (714) �� Off-hours:Answering
14 330-3128 Service
WATER DISTRICTS
EOCWD 714 538-5815
El Toro (949)837-0660 (949)837-7D50 Administration Center with
Answering Service
Irvine Ranch (949)453-5300 (949)4535 mberts®irwd.com Off-hours:Answering300 Service
Los Alamitos 562 431-2223 Los Alamitos
Los Afisos(IRWO) (949)830-0580 After hour-answer
service
Moulton Nl ue 949 831-2500 949 8312500 24-hour service
Orange County (714)288.2475 (714)538-1%1 Off-hours:Answering
14 378-3200 Service
Santa Margarita 949 459-6400 949 459-6581
Santiago County (714)649-2630 Off-hours:Answering
IRWD 949 453-5300 Service
South Coast" (949)4994555 Off-hours:Answering
Service
(949)551-8580 Trash only
TrsbuCO Canyon (949)858-0277 (949)856-0277 Off-hours:Answering
Service
Yorba Linda (714)701-3050 Off-hours:Answering
Service
COUNTY OF ORANGE
OC Public Works (877)89-SPILL (877)89SPILL Off-hours:Answering
897-7455 tD7-745 Service
Daytime Secondary Number/Off-hours Answering Service
"Cities carved-Laguna Nguel,Aliso V ,Laguna Hills. Sections of Mission Viejo and North Dana Point
"Cites served-Dana Point,Capistrano Beach and South Laguna
Phone numbers last updated:123(11
Sanitary Sewer Overflow Notification Procedures 16 of 18 Effective OB-03-15
Procedure No. EGSOP-009
Attachment C
Spill Notification Decision Matrix and Contact List
Page 1 of 1
Cheddfst Guidance NYM Notify:
If a possible spill of any size is . Collections Supervisor, Designee, or Standby
reported to the District . Plant No. 1 Chief Operator or Designee
E-mail brief notifice0on to internal staff,OCHCA,and RWQCB via
the Spill rrodgcation-Sewage wfh PNA disbibulion list in Outlook.
Include the following information,if known and available:
. Responsible city,agency,private property owner
If a spill of any size is confirmed by . Notified date and time
Collections staff . Incident location including address and city
. Problem description
. Response status
. If it entered a storm drain
. Estimated volume
If Collections staff confirm the spill Call the responsible Agency or City. See Contact City List above.
to be a non-Districts line (This includes private property spills where the spill is on City
property.) Fill out Collections System Problem Report.
If the spill is estimated to be less Call:OCHCA' (714)433-6419/6015
than 1,000 gallons
If the spill is estimated to be equal Call:OCHCA'(714)433641916015
to or greater than 1,000 gallons DES(800)852-7550
If spill discharging to storm drains/ Call OCHCA'(714)4336419 16015
flood confrul OC PUBLIC WORKS- (714)955.0600
DES(800)852-7550
If the private property owner is Call OC PUBLIC WORKS' (714)955-0600
uncoopemlive and public property OCHCA'(714)4336419/6015
and/or storm drains are Impacted (After Hours Control 1,at(714)628.7008 and request storm water
ordinance enforcement).
If the spill possibly contains Call:Collections Division—William Cassidy at(714)593-7372
irdushial process water? OCHCA'(714)4336419, and
RWQCB'(951)782.4130
If hazardous materials are a Notify the local police,fire,or sheriffs department,Collections—
possible concern? William Cassidy at(714)593.7372,and Risk Management—Wesley
Bauer at(714)263.5304.
If local oversight or enforcement is Contact the kraafgoveming city,especially for gutter and storm drain
needed response or it the spill is flowing to city property.
Notify the local police or sheriffs department. OCHCA sndlorthe
If command and control authority is local city may also be of assistance. OC PUBLIC WORKS/Control 1
needed can enforce against illegal discharges to storm drains throughout the
count .
Sanitary Sewer Overflow Notification Procedures 17 of 18 Effective 08-03.15
Procedure No. EC-SOP-009
Cheddbt Guidance ff
If traffic control is a concern Notify the local police or sheriffs department,California Highway
Patrol,(949)559-7888 or Calhans(949)724-2607 as necessary
If the spill has the potential to As the District's management directs, notify the Dish ct's Third-Parry
damage public orprivate properly Administrator,Cad Warren 8 Company, to determine whether their
representative should respond to the scene at(800) 572-6900.
II an SSO atdlB arm hI a,m:Wy Gonad t and Nay MI make the necessary wntads.
Sanitary Sewer Overflow Notification Procedures 18 of 18 Effective 08-03-15
Procedure No. EC-SOP-009
AMENDMENT NO. 2
To
Sole Source Service Contract
For
Sewer Line Cleaning for City of Tustin and Unincorporated County Property
THIS AMENDMENT TO THE CONTRACT is made and entered into, to be effective on the date set
forth below, by and between Orange County Sanitation District hereinafter referred to as "OCSD" and
Performance Pipeline Technologies (hereinafter referred to as " Contractor") collectively referred to as the
"Parties".
WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between
OCSD and Contractor, the effective date of which is July 1, 2015 ("the Contract"); and
WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be
called Amendment No. 2 ("Amendment"); and
WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the
Contract and become a part thereof from the beginning; and
WHEREAS, the Parties desire that the Contract as modified by Amendment No. 1 and this
Amendment shall constitute the sole and entire Contract among the Parties;
NOW, THEREFORE, in consideration of these premises and the mutual covenants contained
herein, the Parties agree to amend the Contract to:
1. Delete "Not Used" and add "Price Form" in reference to Exhibit "B" in subsection 1.2 (Page 1 of 9)
of the Contract.
2. Add the attached "Price Form" to Exhibit "B" of the Contract.
3. Renew the Contract for the one and only additional six-month period to be effective January 1,
2016 and terminate June 30, 2016 in accordance with subsection 9.1 (Page 3 of 9) of the Contract.
Except as expressly amended above, the Contract will remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Amendment No. 2 to be signed by the duly authorized representatives as of the day and year last signed
below.
�ra County Sanitation District Performance Pipeline Technolooiss
By: Qom— 12•'1 - is
ntracts/ u g Manager Date
Name: �Gtt �Ii.SSH�IJ�I c('
Date
Title: Qk1N2.f
11/24/15
EXHIBIT B
PRICE FORM
Description Rate(Includes 3.5%Increase)
1. 6-Inch diam. Pipe Cleaning - 2,500 ft. $0.29 L/F
2. 6-Inch diam.Pipe Cleaning w/Root Cutting-750 ft $1.04 L/F
3. 8-inch diam.Pipe— 850,000 ft. $0.31 L/F
4. 8-Inch diam.Pipe w/Root Cutting— 255,000 ft $0.47 L/F
5, 10-Inch diam.Pipe— 31,000 ft $0.33 L/F
6, 10-Inch diam.Pipe w/Root Cutting—9,300 ft $0.50 L/F
7, 12-Inch diam.Pipe—26,000 ft. $0.36 L/F
S. 12-Inch diam.Pipe w/Root Cutting- 7,800ft $0.50L/F
9. 15-Inch diam.Pipe— 13,098 ft. $0.36 L/F
10. 18-Inch diam.Pipe—2,383 ft $0.52 L/F
"NOTE: Lengths shown are approximate. Payment will be made on actual work Performed.
OPERATIONS COMMITTEE Meng D310 TOBE. Dir.
04/lti06/16 04/27/1Or6
AGENDA REPORT ItemNumber Item Number
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: COATING INSPECTION AND CORROSION TESTING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Professional Services Agreements to provide on-call Coating Inspection,
Confined-Space Entry Services, and other Corrosion Testing Services for Collection
System and Treatment Plant projects, PSA2016-001, for a three-year period effective
May 1, 2016, for an amount not to exceed $200,000 per individual agreement
($800,000 total) with the following four firms:
• Conpro Companies, Inc.
• CSI Services, Inc.
• On-Site Technical Services, Inc.
• Diversified Project Services International, Inc. (DPSI)
SUMMARY
BACKGROUND
The Orange County Sanitation District (Sanitation District) uses outside specialty
Consultants for coating inspection and corrosion testing services in support of Capital
Improvement Program, Facilities Engineering, and Operations and Maintenance
projects during the planning, design, and construction of facilities both inside the
plants and for the collection systems.
RELEVANT STANDARDS
1, 5, 20-year CIP plans updated annually
Highly-qualified, well-trained, motivated, and diverse workforce
Maintain a proactive asset management program
PROBLEM
The Sanitation District has a need for on-call coating inspection, confined-space entry,
and corrosion testing services. Currently, the Sanitation District has contracts with
two firms that provide these services. The current contracts are expiring and a
Request for Proposal (RFP) was issued to provide continuance of these services.
Page 1 of 3
PROPOSED SOLUTION
The Sanitation District advertised an RFP on December 10, 2015 and four proposals
were received. Based on the Sanitation District's standard evaluation process and
pursuant to government codes, staff recommends approval of the Professional
Services Agreements with Corrpro Companies, Inc.; CSI Services, Inc.; On-Site
Technical Services, Inc.; and Diversified Project Services International, Inc. (DPSI).
TIMING CONCERNS
The current contracts will be expiring and the budgets expended. Delaying the new
contracts will prevent the use of these services to support Collection System and
Treatment Plant projects.
RAMIFICATIONS OF NOT TAKING ACTION
Increased risk to construction quality and code compliance in Capital Improvement
Program, Facilities Engineering, and Operations and Maintenance projects.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The proposed service agreements shall cover a three-year period. The recommended
contract amounts are based on the average of the number and type of test 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.
Staff Evaluation of Proposals:
The four proposals received were evaluated on three predefined and equally weighted
criteria:
1. Approach and Understanding of the Scope of Work
2. Staff Qualifications
3. Related Project Experience
Page 2 of 3
The evaluation team reviewed and ranked the proposals received as follows:
PROPOSAL EVALUATION SCORES
Proposer Rank
Corrpro Companies, Inc. 1
CSI Services, Inc. 2
On-Site Technical Services, Inc. 3
DPSI 4
All of the proposed consultants were evaluated to be well qualified, and based on the
number of proposals received, all of the proposers are being recommended for award of
professional services agreements.
The fee proposals for the selected firms were opened on March 22, 2016 and the rates
were reviewed for general conformance and found to be acceptable. Contracts are
recommended to be awarded to Corrpro Companies, Inc.; CSI Services, Inc.; On-Site
Technical Services, Inc.; and Diversified Project Services International, Inc., each for an
amount not to exceed $200,000.
CEQA
This is not a project as defined by the California Environmental Quality Act (CEQA),
therefore CEQA does not apply.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. Funds for this item are included in the individual project budgets that require
these services.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OOSD website (wwwocsd.corn with the
complete agenda package:
Draft Professional Services Agreements
DF:dm:gc
Page 3 of 3
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «EffectiveDate» day of
«EffectiveMonth», 2016, by and between the ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "SANITATION DISTRICT", and nCompany», for purposes of this
AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and
CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party."
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, PSA2016-001 and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «BoardMeetingDate» the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee 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, and 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 applicable laws, regulations, 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 highest industry
standards for clarity, uniformity, and completeness.
REQUEST FOR PROPOSALS PSA2016-001
Page 1 of 15
C. In the event that CONSULTANTS services and/or work product(s) is not to the
satisfaction of the SANITATION DISTRICT and/or does not conform to the
requirements of this AGREEMENT or the applicable industry standards, the
CONSULTANT shall, without additional 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, or (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed [amount written in words
Dollars ($TBD)], 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. CONSULTANT will submit monthly or periodic statements, separately for each
project or Task, covering services and/or work performed no later than the
second Wednesday of the following month and in the format required by the
SANITATION DISTRICT, to request payment. 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:
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• Tasks completed, identified by the Task number assigned to each Task.
• Detailed breakdown of all costs incurred per task performed, and all back-up
documentation for each Task.
• Copy of the daily notes or tasks including the signature of the SANITATION
DISTRICT's Inspector approving the day's work.
• Running total of services billed, services paid, services billed but not paid,
and the amount of the contract remaining.
B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all
support documentation required by the SANITATION DISTRICT. CONSULTANT
understands that submitted costs are subject to Audit Provisions stated herein below.
C. 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.
D. 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.
E. The SANITATION DISTRICT may, at the discretion of the Director of
Engineering, 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.
F. 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.
G. 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.
H. 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.
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I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have
submitted a false claim when the CONSULTANT, 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,
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 (a) 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.
J. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services under
this Agreement will exceed seventy-five percent(75%) of the not-to-exceed
amount of the Agreement, including approved additional compensation,
CONSULTANT shall notify the SANITATION DISTRICT immediately, and in
writing. This written notice shall indicate the additional amount necessary to
complete the services. Any cost incurred in excess of the approved not-to-exceed
amount, without the express written consent of the SANITATION DISTRICT's
authorized representative shall be at CONSULTANT's own risk. This written
notice shall be provided separately from, and in addition to any notification
requirements contained in the CONSULTANT's requests for payment. Failure to
notify the SANITATION DISTRICT that the services cannot be completed within
the authorized not-to-exceed amount is a material breach of this Agreement.
5. PREVAILING WAGES
To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends
to utilize employees who will perform work during the contract, 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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees, Subconsultants and/or
Subcontractors who will perform Work during the design and preconstruction
phases of a construction contract for which Prevailing Wage Determinations have
been issued by the DIR and as more specifically defined under Labor Code
Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the
registration requirements of Labor Code Section 1725.5. Pursuant to Labor
Code Section 1771.4, the Work is subject to compliance monitoring and
enforcement by the DIR.
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B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(3).
7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional Services performed.
All documents in all forms (electronic, paper, etc.), including, but not limited to
tests, inspections, reports, original plans, studies, sketches, drawings, computer
printouts, disk files, and electronic copies 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 deliverables 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.
8. INSURANCE
A. General
I. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
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ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, 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
Workers 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 CONSULTANT to substitute any insurer whose
rating drops below the levels herein specified. Said substitution shall
occur within twenty (20)days of written notice to CONSULTANT, 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.
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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. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
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.
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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
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 (5/2010)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 (5/2010)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 Risk Management,
Div. 260, 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.
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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.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
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9. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in the proposed Project, as
requested by the SANITATION DISTRICT, the Parties hereto shall execute an
Amendment to this AGREEMENT setting forth with particularity all terms of the new
AGREEMENT, including, but not limited to any additional CONSULTANT's fees.
10. 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 under this
AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work
and services to be done by each Subconsultant, Subcontractor and each of
CONSULTANT's Project team member. CONSULTANT shall include the respective
compensation amounts for CONSULTANT and each Subconsultant and/or
Subcontractor, broken down as indicated in Section 2- COMPENSATION.
There shall be no substitution of the listed Subconsultants, Subcontractors and
CONSULTANT's project team members without prior written approval by the
SANITATION DISTRICT.
11. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants and/or Subcontractors are
comprised of registered engineers and a staff of specialists and draftsmen in each
department. The firm itself is not a registered engineer but represents and agrees that
wherever, in the performance of this AGREEMENT, the services of a registered
engineer is required, such services hereunder will be performed under the direct
supervision of registered engineers who are registered in California.
12. 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.
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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.
13. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to transform CONSULTANT, its staff, independent
contractors, or Subconsultants and/or Subcontractors into employees of the
SANITATION DISTRICT. CONSULTANT'S staff performing services under the
AGREEMENT shall at all times be employees and/or independent contractors of
CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages,
salaries, and other amounts due directly to its staff in connection with the AGREEMENT.
CONSULTANT shall be responsible for hiring, review, and termination of its staff and
shall be accountable for all reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, workers' compensation
and similar matters.
14. 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 and addressed as follows:
ORANGE COUNTY SANITATION DISTRICT:
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Clarice Marcin, Senior Contracts Administrator
Copy: Bill Gilbert, Project Manager
CONSULTANT:
«Company»
eConsultantsName»
oAddress»
«CityStateZip»
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.
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15. 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 at the address
listed in Paragraph 13.
16. 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, electronic materials, computation and study materials in
its files pertaining to the work described in this AGREEMENT, which is requested in
writing by the SANITATION DISTRICT.
17. 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.
18. 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 this AGREEMENT for that Party.
19. 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.
20. 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.
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21. 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).
22. 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, CONSULTANT's, 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, CONSULTANT,
Subconsultanls, 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
REQUEST FOR PROPOSALS PSA2016-001
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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.
23. 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.
24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES
25. 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.
26. 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.
REQUEST FOR PROPOSALS PSA2016-001
Page 14 of 15
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.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
«Company»
By
ate
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
ATTACHMENTS:
Attachment"A" Scope of Work
Attachment"B" Conflict of Interest Disclaimer
Attachment"C" Acknowledgement of Insurance Requirements and Certification of Ability to
Provide Coverages Specified
Attachment"D" Fee Schedule Form
Attachment"E" Sample Professional Services Agreement(PSA)
Attachment"F" Acknowledgement of PSA
Attachment"G" Acknowledgement of Addenda Receipt
Attachment"H" Safety Program @ OSHA 300/300A Logs and Summaries
Attachment"I" Safety Declaration
Attachment OCSD Safety Standards
CMM
REQUEST FOR PROPOSALS PSA2016-001
Page 15 of 15
OPERATIONS COMMITTEE Meng D310 TOBE. Dir.
04/lti06/16 04/27/1Or6
AGENDA REPORT ItemNumber Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Dean Fisher, Engineering Manager
SUBJECT: SURVEYING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Professional Services Agreements to provide on-call Surveying Services for
Collection System and Treatment Plant Projects, PSA2016-002, for a three-year period
effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement
($800,000 total) with the following four firms:
• Stantec Consulting Services, Inc.
• D. Wooley and Associates, Inc.
• Michael Baker International
• Bush and Associates, Inc.
SUMMARY
BACKGROUND
The Orange County Sanitation District (Sanitation District) uses outside specialty
Consultants for on-call surveying services in support of Capital Improvement Program,
Facilities Engineering, and Operations and Maintenance projects during the planning,
design, and construction of facilities both inside the plants and for the collection
systems.
RELEVANT STANDARDS
• Maintain a proactive asset management program
PROBLEM
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 a Request for Proposal (RFP)was issued to provide
continuance of these services.
Page 1 of 3
PROPOSED SOLUTION
The Sanitation District advertised a RFP on December 10, 2015 and nine proposals
were received. Based on the Sanitation District's standard evaluation process and
pursuant to government codes, staff recommends approval of the Professional
Services Agreements with Stantec Consulting Services, Inc.; D. Wooley and
Associates, Inc.; Michael Baker International; and Bush and Associates, Inc.
TIMING CONCERNS
The current contracts will be expiring and the budgets expended. Delaying the new
contracts will prevent the use of these services to support Collection System and
Treatment Plant projects.
RAMIFICATIONS OF NOT TAKING ACTION
Increased risk to quality assurance and code compliance in Capital Improvement
Program, Facilities Engineering, and Operations and Maintenance projects.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The proposed service agreements shall cover a three-year period. The recommended
contract amounts are based on the average of the number and type of surveys 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.
Staff Evaluation of Proposals:
The nine received proposals were evaluated on three predefined and equally weighted
criteria:
1. Approach and Understanding of the Scope of Work
2. Staff Qualifications
3. Related Project Experience
Page 2 of 3
The evaluation team reviewed and ranked the received proposals as follows:
PROPOSAL EVALUATION SCORES
Proposer Rank
Stantec Consulting Services, Inc. 1
D. Woolley and Associates, Inc. 2
Michael Baker International 3
Bush and Associates, Inc. 4
Towill 5
Guide Surveying, Inc. 6
Tait and Associates, Inc. 7
Huitt-Zollars 8
Precision 9
The fee proposals for the top selected firms were opened on March 22, 2016 and the
rates were reviewed for general conformance and found to be acceptable. Contracts are
recommended to be awarded to Stantec Consulting Services, Inc.; D. Wooley and
Associates, Inc.; Michael Baker International; and Bush and Associates, Inc., each for an
amount not to exceed $200,000.
CEQA
This is not a project as defined by the California Environmental Quality Act (CEQA),
therefore CEQA does not apply.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. These funds are included in the individual project budgets that require these
services.
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD webske (www.ocsd.com) with the
complete agenda package:
Draft Professional Services Agreements
DF:dm:gc
Page 3 of 3
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «EffectiveDate» day of
«EffectiveMonth», 2016, by and between the ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "SANITATION DISTRICT", and nCompany», for purposes of this
AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and
CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party."
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, PSA2016-002 and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on aBoardMeetingDate»the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee 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, and 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 applicable laws, regulations, 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 highest industry
standards for clarity, uniformity, and completeness.
C. In the event that CONSULTANTS services and/or work product(s) is not to the
satisfaction of the SANITATION DISTRICT and/or does not conform to the
PSA PSA2016-002
Page 1 of 15
requirements of this AGREEMENT or the applicable industry standards, the
CONSULTANT shall, without additional 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, or(b)subsequently becomes
publicly known to the CONSULTANT other than through disclosure by the
SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation all,
Total compensation shall be in an amount not to exceed [amount written in words
Dollars ($TBD)], 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. CONSULTANT will submit monthly or periodic statements, separately for each
project or Task, covering services and/or work performed no later than the
second Wednesday of the following month and in the format required by the
SANITATION DISTRICT, to request payment. 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:
PSA PSA2016-002
Page 2 of 15
• Tasks completed, identified by the Task number assigned to each Task.
• Detailed breakdown of all costs incurred per task performed, and all back-up
documentation for each Task.
• Copy of the daily notes or tasks including the signature of the SANITATION
DISTRICT's Inspector approving the day's work.
• Running total of services billed, services paid, services billed but not paid,
and the amount of the contract remaining.
B. CONSULTANT shall warrant and certify the accuracy of these costs and provide
all support documentation required by the SANITATION DISTRICT.
CONSULTANT understands that submitted costs are subject to Audit Provisions
stated herein below.
C. 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.
D. 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.
E. The SANITATION DISTRICT may, at the discretion of the Director of
Engineering, 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.
F. 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.
G. 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.
H. 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.
PSA PSA2016-002
Page 3 of 15
I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have
submitted a false claim when the CONSULTANT, 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,
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 (a) 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.
J. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
under this Agreement will exceed seventy-five percent(75%) of the not-to-
exceed amount of the Agreement, including approved additional compensation,
CONSULTANT shall notify the SANITATION DISTRICT immediately, and in
writing. This written notice shall indicate the additional amount necessary to
complete the services. Any cost incurred in excess of the approved not-to-
exceed amount, without the express written consent of the SANITATION
DISTRICT's authorized representative shall be at CONSULTANT's own risk. This
written notice shall be provided separately from, and in addition to any
notification requirements contained in the CONSULTANT's requests for payment.
Failure to notify the SANITATION DISTRICT that the services cannot be
completed within the authorized not-to-exceed amount is a material breach of
this Agreement.
5. PREVAILING WAGES
To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends
to utilize employees who will perform work during the contract, 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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees, Suboonsultants and/or
Subcontractors who will perform Work during the design and preconstruction
phases of a construction contract for which Prevailing Wage Determinations have
been issued by the DIR and as more specifically defined under Labor Code
Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the
registration requirements of Labor Code Section 1725.5. Pursuant to Labor
Code Section 1771.4, the Work is subject to compliance monitoring and
enforcement by the DIR.
PSA PSA2016-002
Page 4 of 15
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(3).
7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional Services performed.
All documents in all forms (electronic, paper, etc.), including, but not limited to
tests, inspections, reports, original plans, studies, sketches, drawings, computer
printouts, disk files, and electronic copies 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 deliverables 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.
8. INSURANCE
A. General
I. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
PSA PSA2016-002
Page 5 of 15
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, 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 Workers
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
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty(20) days of
written notice to CONSULTANT, 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 PSA2016-002
Page 6 of 15
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. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
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 PSA2016-002
Page 7 of 15
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 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 1001 and CG 2037 1001
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
Cshall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010)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 Risk Management,
Div. 260, 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.
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.
PSA PSA2016-002
Page 8 of 15
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.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
9. SCOPECHANGES
In the event of a change in the Scope of Work or a change in the proposed Project, as
requested by the SANITATION DISTRICT, the Parties hereto shall execute an
Amendment to this AGREEMENT setting forth with particularity all terms of the new
AGREEMENT, including, but not limited to any additional CONSULTANT's fees.
PSA PSA2016-002
Page 9 of 15
10. 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 under this
AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work
and services to be done by each Subconsultant, Subcontractor and each of
CONSULTANT's Project team member. CONSULTANT shall include the respective
compensation amounts for CONSULTANT and each Subconsultant and/or
Subcontractor, broken down as indicated in Section 2- COMPENSATION.
There shall be no substitution of the listed Subconsultants, Subcontractors and
CONSULTANT's project team members without prior written approval by the
SANITATION DISTRICT.
11. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants and/or Subcontractors are
comprised of registered engineers and a staff of specialists and draftsmen in each
department. The firm itself is not a registered engineer but represents and agrees that
wherever, in the performance of this AGREEMENT, the services of a registered
engineer is required, such services hereunder will be performed under the direct
supervision of registered engineers who are registered in California.
12. AUDIT PROVISIONS. Cqmbh.., ` `
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,
PSA PSA2016-002
Page 10 of 15
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.
13. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to transform CONSULTANT, its staff, independent
contractors, or Subconsultanls and/or Subcontractors into employees of the
SANITATION DISTRICT. CONSULTANT'S staff performing services under the
AGREEMENT shall at all times be employees and/or independent contractors of
CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages,
salaries, and other amounts due directly to its staff in connection with the AGREEMENT.
CONSULTANT shall be responsible for hiring, review, and termination of its staff and
shall be accountable for all reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, workers' compensation
and similar matters.
14. 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 and addressed as follows:
ORANGE COUNTY SANITATION DISTRICT:
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Clarice Marcin, Senior Contracts Administrator
Copy: Bill Gilbert, Project Manager
CONSULTANT:
«Company»
eConsultantsName»
xAddress»
eCityStateZip»
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.
15. 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.
PSA PSA2016-002
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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 at the address
listed in Paragraph 13.
16. 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, electronic materials, computation and study materials in
its files pertaining to the work described in this AGREEMENT, which is requested in
writing by the SANITATION DISTRICT.
17. 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.
18. 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 this AGREEMENT for that Party.
19. 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.
20. 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.
21. 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
PSA PSA2016-002
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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).
22. 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, CONSULTANT's, 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, CONSULTANT,
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 PSA2016-002
Page 13 of 15
23. 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.
24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES
25. 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.
26. 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 PSA2016-002
Page 14 of 15
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.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
BCompany.
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
ATTACHMENTS:
Attachment"A" Scope of Work
Attachment'B" Conflict of Interest Disclaimer
Attachment"C" Acknowledgement of Insurance Requirements and Certification of Ability to
Provide Coverages Specified
Attachment"D" Fee Schedule Form
Attachment"E" Sample Professional Services Agreement(PSA)
Attachment"F" Acknowledgement of PSA
Attachment"G' Acknowledgement of Addenda Receipt
Attachment"H" Safety Program @ OSHA 300/300A Logs and Summaries
Attachment"I" Safety Declaration
Attachment"J" OCSD Safety Standards
CMM
PSA PSA2016-002
Page 15 of 15
OPERATIONS COMMITTEE Meng D310 TOBE. Dir.
04/lti06/16 04/27/1Or6
AGENDA REPORT Item Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: GEOTECHNICAL TESTING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Professional Services Agreements to provide on-call Materials Testing,
Inspection, and Geotechnical Testing Services for Collection System and Treatment Plant
projects, PSA2016-003, for a three-year period effective May 1, 2016, for an amount not
to exceed $300,000 per individual agreement ($900,000 total) with the following three
firms:
• Ninyo and Moore
• Sequoia Consultants, Inc.
• Koury Engineering and Testing, Inc.
SUMMARY
BACKGROUND
The Orange County Sanitation District (Sanitation District) uses outside specialty
consultants for materials testing, inspection, and geotechnical testing services in
support of Capital Improvement Program, Facilities Engineering, and Operations and
Maintenance projects during the planning, design, and construction of facilities both
inside the plants and for the collection systems.
RELEVANT STANDARDS
1, 5, 20-year CIP plans updated annually
• Highly-qualified, well-trained, motivated, and diverse workforce
Maintain a proactive asset management program
PROBLEM
The Sanitation District has a need for on-call materials testing, inspection, and
geotechnical testing services. Currently, the Sanitation District has contracts with
three firms that provide these services. The current contracts are expiring and a
Request for Proposal (RFP) was issued to provide continuance of these services.
Page 1 of 3
PROPOSED SOLUTION
The Sanitation District advertised an RFP on December 10, 2015 and 12 proposals
were received. Based on the Sanitation District's standard evaluation process and
pursuant to government codes, staff recommends approval of the Professional
Services Agreements with Ninyo and Moore; Sequoia Consultants, Inc.; and Koury
Engineering and Testing, Inc.
TIMING CONCERNS
The current contracts will be expiring and the budgets expended. Delaying the new
contracts will prevent the use of these services to support Collection System and
Treatment Plant projects.
RAMIFICATIONS OF NOT TAKING ACTION
Increased risk to quality assurance and code compliance in the Capital Improvement
Program, Facilities Engineering, and Operations and Maintenance projects.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The proposed service agreements shall cover a three-year period. The recommended
contract amounts are based on the average of the number and type of test 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.
Staff Evaluation of Proposals:
The twelve received proposals were evaluated on three defined and equally weighted
criteria:
1. Approach and Understanding of the Scope of Work
2. Staff Qualifications
3. Related Project Experience
Page 2 of 3
The evaluation team reviewed and ranked the received proposals as follows:
PROPOSAL EVALUATION SCORES
Proposer Rank
Ninyo and Moore 1
Sequoia Consultants, Inc. 2
Koury Engineering and Testing, Inc. 3
GMU Geotechnical, Inc. 4
CTE South, Inc. 5
United Inspection and Testing 6
HAI (Hushmand Associates, Inc.) 7
RMA Group 8
Heider Inspection Group 9
Aesco 10
Twining, Inc. 10
Amec 12
The fee proposals for the top selected firms were opened on March 22, 2016 and the
rates were reviewed for general conformance and found to be acceptable. Contracts are
recommended to be awarded to Ninyo and Moore; Sequoia Consultants, Inc.; and Koury
Engineering and Testing, Inc., each for an amount not to exceed $300,000.
CEQA
This is not a project as defined by the California Environmental Quality Act (CEQA),
therefore CEQA does not apply.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. Funds for this item are included in the individual project budgets that require
these services.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Draft Professional Services Agreements
DF:dm:gc
Page 3 of 3
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «EffectiveDate» day of
«EffectiveMonth», 2016, by and between the ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "SANITATION DISTRICT", and «Company», for purposes of this
AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and
CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party."
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, PSA2016-
003 and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «BoardMeetingDate» the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee 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, and 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 applicable laws, regulations, 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 highest industry
standards for clarity, uniformity, and completeness.
PSA PSA2016-003
Page 1 of 15
C. In the event that CONSULTANTS services and/or work product(s) is not to the
satisfaction of the SANITATION DISTRICT and/or does not conform to the
requirements of this AGREEMENT or the applicable industry standards, the
CONSULTANT shall, without additional 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, or(b)subsequently becomes
publicly known to the CONSULTANT other than through disclosure by the
SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed [amount written in words
Dollars ($TBD)], 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. CONSULTANT will submit monthly or periodic statements, separately for each
project or Task, covering services and/or work performed no later than the
second Wednesday of the following month and in the format required by the
SANITATION DISTRICT, to request payment. 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:
PSA PSA2016-003
Page 2 of 15
• Tasks completed, identified by the Task number assigned to each Task.
• Detailed breakdown of all costs incurred per task performed, and all back-up
documentation for each Task.
• Copy of the daily notes or tasks including the signature of the SANITATION
DISTRICT's Inspector approving the day's work.
• Running total of services billed, services paid, services billed but not paid,
and the amount of the contract remaining.
B. CONSULTANT shall warrant and certify the accuracy of these costs and provide
all support documentation required by the SANITATION DISTRICT.
CONSULTANT understands that submitted costs are subject to Audit Provisions
stated herein below.
C. 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.
D. 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.
E. The SANITATION DISTRICT may, at the discretion of the Director of
Engineering, 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.
F. 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.
G. 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.
H. 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
PSA PSA2016-003
Page 3 of 15
maybe 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.
I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have
submitted a false claim when the CONSULTANT, 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,
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 (a) 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.
J. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
under this Agreement will exceed seventy-five percent(75%) of the not-to-
exceed amount of the Agreement, including approved additional compensation,
CONSULTANT shall notify the SANITATION DISTRICT immediately, and in
writing. This written notice shall indicate the additional amount necessary to
complete the services. Any cost incurred in excess of the approved not-to-
exceed amount, without the express written consent of the SANITATION
DISTRICT's authorized representative shall be at CONSULTANT's own risk. This
written notice shall be provided separately from, and in addition to any
notification requirements contained in the CONSULTANT's requests for payment.
Failure to notify the SANITATION DISTRICT that the services cannot be
completed within the authorized not-to-exceed amount is a material breach of
this Agreement.
5. PREVAILING WAGES
To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends
to utilize employees who will perform work during the contract, 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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees, Subconsultants and/or
Subcontractors who will perform Work during the design and preconstruction
phases of a construction contract for which Prevailing Wage Determinations have
been issued by the DIR and as more specifically defined under Labor Code
Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the
registration requirements of Labor Code Section 1725.5. Pursuant to Labor
Code Section 1771.4, the Work is subject to compliance monitoring and
enforcement by the DIR.
PSA PSA2016-003
Page 4 of 15
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(3).
7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional Services performed.
All documents in all forms (electronic, paper, etc.), including, but not limited to
tests, inspections, reports, original plans, studies, sketches, drawings, computer
printouts, disk files, and electronic copies 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 deliverables 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.
8. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
PSA PSA2016-003
Page 5 of 15
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, 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
Workers 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 CONSULTANT to substitute any insurer whose
rating drops below the levels herein specified. Said substitution shall
occur within twenty (20)days of written notice to CONSULTANT, 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 PSA2016-003
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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. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
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
C 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
PSA PSA2016-003
Page 7 of 15
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
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 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 1001 and CG 2037 1001
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 (512010)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 Risk Management,
Div. 260, 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 PSA2016-003
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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.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
9. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in the proposed Project, as
requested by the SANITATION DISTRICT, the Parties hereto shall execute an
PSA PSA2016-003
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Amendment to this AGREEMENT setting forth with particularity all terms of the new
AGREEMENT, including, but not limited to any additional CONSULTANT's fees.
10. 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 under this
AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work
and services to be done by each Subconsultant, Subcontractor and each of
CONSULTANT's Project team member. CONSULTANT shall include the respective
compensation amounts for CONSULTANT and each Subconsultant and/or
Subcontractor, broken down as indicated in Section 2- COMPENSATION.
There shall be no substitution of the listed Subconsultants, Subcontractors and
CONSULTANT's project team members without prior written approval by the
SANITATION DISTRICT.
11. ENGINEERING REGISTRATION
The CONSULTANTS personnel and Subconsultants and/or Subcontractors are
comprised of registered engineers and a staff of specialists and draftsmen in each
department. The firm itself is not a registered engineer but represents and agrees that
wherever, in the performance of this AGREEMENT, the services of a registered
engineer is required, such services hereunder will be performed under the direct
supervision of registered engineers who are registered in California.
12. 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
PSA PSA2016-003
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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.
13. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to transform CONSULTANT, its staff, independent
contractors, or Subconsultants and/or Subcontractors into employees of the
SANITATION DISTRICT. CONSULTANT'S staff performing services under the
AGREEMENT shall at all times be employees and/or independent contractors of
CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages,
salaries, and other amounts due directly to its staff in connection with the AGREEMENT.
CONSULTANT shall be responsible for hiring, review, and termination of its staff and
shall be accountable for all reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, workers' compensation
and similar matters.
14. 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 and addressed as follows:
ORANGE COUNTY SANITATION DISTRICT:
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Clarice Marcin, Senior Contracts Administrator
Copy: Bill Gilbert, Project Manager
CONSULTANT:
«Company»
«ConsultantsName»
«Address»
eCityStateZip»
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.
PSA PSA2016-003
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15. 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 at the address
listed in Paragraph 13.
16. 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, electronic materials, computation and study materials in
its files pertaining to the work described in this AGREEMENT, which is requested in
writing by the SANITATION DISTRICT.
17. 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.
18. 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 this AGREEMENT for that Party.
19. 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.
20. 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.
PSA PSA2016-003
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21. 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).
22. 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, CONSULTANT's, 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, CONSULTANT,
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
PSA PSA2016-003
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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.
23. 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.
24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES
25. 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.
26. 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 PSA2016-003
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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.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
BCompany.
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
ATTACHMENTS:
Attachment"A" Scope of Work
Attachment'B" Conflict of Interest Disclaimer
Attachment"C' Acknowledgement of Insurance Requirements and Certification of Ability
to Provide Coverages Specified
Attachment"D" Fee Schedule Form
Attachment"E" Sample Professional Services Agreement(PSA)
Attachment"F' Acknowledgement of PSA
Attachment"G' Acknowledgement of Addenda Receipt
Attachment"H" Safety Program @ OSHA 300/300A Logs and Summaries
Attachment"I" Safety Declaration
Attachment"J" OCSD Safety Standards
CMM
PSA PSA2016-003
Page 15 of 15
OPERATIONS COMMITTEE MeaHngDae TOBd.ofDir.
04/O6/16 04/27/16
AGENDA REPORT ItemNumber Item Number
7
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert Ghirelli, Assistant General Manager
SUBJECT: BIOSOLIDS HAULING SERVICE CONTRACT AWARD
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Service Contract with Denali Water Solutions to haul Orange County
Sanitation District's biosolids from Reclamation Plant No. 1 and/or Treatment Plant
No. 2 to Orange County Waste and Recycling's Prima Deshecha landfill and the
Inland Empire Regional Compost Facility for a period of one year from the
execution date of the contract, for the unit price of $8.96 per ton of biosolids and
$14.99 per ton of biosolids coupled with fuel surcharges, at an amount not to
exceed $600,000 per year with four (4) one-year renewal options; and
B. Approve a (10%) unit price contingency.
SUMMARY
BACKGROUND
Orange County Sanitation District (Sanitation District) released a Notice Inviting Bids
on February 4, 2016, seeking bids from qualified contractors to accept delivery and
haul up to 100 wet tons per day (WTPD)of biosolids from the Sanitation District to the
Orange County Waste Recycling (OCWR) Prima Deshecha landfill located at 32250
La Pata Avenue in the city of San Juan Capistrano; haul up to 50 WTPD of biosolids
to the Inland Empire Regional Composting Facility located at 12645 Sixth Street in the
city of Rancho Cucamonga, and haul biosolids, if needed, to several other alternative
sites (emergency events)within 330 miles.
Out of 115 prospective vendors that were notified of the invitation to bid by the
Sanitation District, a total of three bids were received on the closing submittal date on
March 10, 2016. The bids were evaluated based on pre-defined minimum
qualifications and cost in accordance with the Sanitation District's Ordinance No.
OCSD-47. Following the evaluation, Denali Water Solutions (Denali) met the
minimum qualifications and offered the most competitive bid (see table below). An
official Notice of Intent to Award was sent to all bidders on March 17, 2016, which
followed a standard seven day protest period. No protests or challenges were
received.
Page 1 of 3
Denali Water GIC Corporation Sierra
Cost Evaluation Solutions Total Unit Price Per Transportation
Scenarios Total Unit Wet Ton Total Unit Price Per
Price Per Wet Wet Ton
Ton
100 Wet Tons—
Prima Deshecha
Landfill $8.96 $12.48 $19.21
50 Wet Tons—
Inland Empire
Regional
Composting
Facilit $14.99 $12.48 $21.11
Combine Cost $23.95 $24.96 $40.32
RELEVANT STANDARDS
• Ocean Discharge Permit, NPDES CA0110604 §VI.C.4.1b Sludge (Biosolids)
Requirements
• Resolution No. OCSD 13-03 Biosolids Recycling Policy
• Support Biosolids Management Program, low cost management option
PROBLEM
Previous hauling contract with Sierra Trucking Inc. expired in December 2015 when
the current contractor was unwilling to renew under the prior contract payment
amounts. Presently, the Sanitation District does not have a hauling contract to
transport approximately 100 WTPD of biosolids to the Prima Deshecha Landfill and
approximately 50 WTPD to the Inland Empire Regional Composting Facility, thus,
limiting the Sanitation District's biosolids management options.
PROPOSED SOLUTION
Approve a contract with Denali to haul the Sanitation District's biosolids to Prima
Deshecha landfill and the Inland Empire Regional Compost Facility to maintain
biosolids management diversity and sustainability.
TIMING CONCERNS
The Sanitation District has not been hauling biosolids to Prima Deshecha Landfill
since December 2015, which is the Sanitation District's cheapest biosolids
management option at $41.19 tipping fee. Approximately 150 WTPD of biosolids are
allocated to options that are more expensive.
Page 2 of 3
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District would be unable to utilize two local biosolids management
options that are within the basin and maximize the cost benefit for utilizing its cheapest
management option.
PRIOR COMMITTEE/BOARD ACTIONS
May 2015 - Approved an Agreement with Inland Empire Regional Composting Authority
(IERCA) to receive and compost up to 50 wet tons per day of the Sanitation District's
Class B biosolids.
November 2012 - Approved a Waste Disposal Agreement with OCWR to receive and
dispose of the Sanitation District's biosolids at the Prima Deshecha landfill.
ADDITIONAL INFORMATION
N/A
CEQA
CEQA Analysis Reference: 1) November 7, 2012 Agenda Report — Waste Disposal
Agreement with Orange County Waste and Recycling, and May 27, 2015 Agenda
Report— Composting Agreement with Inland Empire Regional Composting Authority.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Line item: Section 5, Page 11).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• Service Contract
Page 3 of 3
SERVICE CONTRACT
Biosolids Hauling Services
Specification No. S-2016-748BD
THIS CONTRACT 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 Denali Water Solutions
with a principal place of business at 12812 Valley View Street, Suite 9, Garden Grove, CA 92845
(hereinafter referred to as"Contractor") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD desires to retain the services of Contractor for biosolids hauling services
"Services"; and
WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No.
OCSD-47; and
WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract 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
N
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 (Including all Appendices)
Exhibit'B" Bid from Contractor
Exhibit"C' Acknowledgement of Insurance Requirements
Exhibit"D" Not Used
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 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 10 Specification No. S-2016-7488D
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday,
Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit"K.
1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.10 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
2.1 Compensation for this project shall not exceed the total amount of Six Hundred Thousand
Dollars ($600,000).
2.2 OCSD will pay the Contractor for biosolids hauling cost per ton to the Prima Deshecha
Landfill and Inland Empire Regional Composting Facility in accordance with the Cost Matrix Form
of Exhibit"B". The wet tons per day(wtpd)of biosolids listed in the Cost Matrix Form are provided
by OCSD, but there will not be a guarantee by OCSD of this wtpd of biosolids. The wtpd of
biosolids provided by OCSD may change.
2.3 OCSD will pay the Contractor for biosolids hauling cost per ton to alternative sites other
than Prima Deshecha Landfill and Inland Empire Regional Composting Facility in accordance with
the Cost Matrix Form of Exhibit "B". The wtpd of biosolids listed in the Cost Matrix Form are
provided by OCSD, but there will not be a guarantee by OCSD of this wtpd of biosolids. The wtpd
of biosolids provided by OCSD may change.
2.4 In addition, the Contractor shall take into account fuel surcharge and use fuel surcharge
calculation in accordance with the Cost Matrix Form of Exhibit"B".
2.5 OCSD shall not guarantee minimum wtpd of biosolids to the Contractor.
3. California Department of Industrial Relations(DIR)Registration and Record of Wages
3.1 To the extent Contractors employees and/or its Subcontractors who will perform Work
under this Contract for which Prevailing Wage Determinations have been issued by the DIR and
as more specifically defined under Labor Code Section 1720 et seq, Contractor and its
Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and
enforcement by the DIR.
3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall
comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the
Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with
the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors shall furnish a
copy of all certified payroll records to OCSD and/or general public upon request, provided the
Orange County Sanitation District 2 of 10 Specification No. 5-2016-7488D
public request is made through OCSD, the Division of Apprenticeship Standards or the Division
of Labor Enforcement of the Department of Industrial Relations.
3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation
Section 16461(e).
4. Payments Payments shall be made upon approval by OCSD Project Manager, Tom
Meregillano or his designee, of invoices submitted for Services completed as described in Exhibit
"A" and Exhibit"B". OCSD, at its sole discretion, shall be the determining party as to whether the
Services have been satisfactorily completed.
5. Invoices
5A Billing rate (cost per ton) of biosolids shall be based on the number of tons OCSD has
scheduled for hauling on a given day.
5.1.1 If Contractor trucks are denied prescheduled loads because they do not meet the
Contract requirements and OCSD standards (even if the Contractor is allowed to make up
the load on a different date), the scheduled loads rate of the original load date shall apply.
5.1.2 If Contractor does not show for a scheduled load or cancels trucks (even if the
Contractor is allowed to make up the load on a different date), the scheduled loads rate of
the original load date shall apply.
5.1.3 If OCSD cancels or adds loads (revises hauling schedule), the scheduled loads
rate of the actual load date shall apply.
5.2 OCSD shall pay within 30 days of 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.
5.3 Invoices shall be emailed by Contractor to OCSD Accounts Payable at
APStaffCdOCSD.com and reference the following in the subject line: "INVOICE", the Purchase
Order Number, the Project Manager, Tom Meregillano and Specification No. S-2016-7486D.
5.4 Contractors are required to invoice OCSD at least once per month, but no more than twice
per month. Invoices shall itemize each load date hauled, OCSD ticket number, tons per load
(quantity), cost per ton (rate), and hauling destination in order for OCSD to verify charges. In
addition, each invoice shall also tally the total number of tons billed on the invoice. Contractor
shall invoice separately by Plant 1 or Plant 2.
6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contract.
7. Scope of Work Subject to the terms of this Contract, Contractor shall perform the
Services identified in Exhibit "A" and Exhibit "B". Contractor shall perform said Services in
accordance with generally accepted industry and professional standards.
Orange County Sanitation District 3 of 10 Specification No. S-2016-7488D
8. Modifications to Scone 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.
9. Contract Term The Services provided under this Contract shall be completed within one
(1)year from the effective date of notice to proceed.
10. Renewals
10.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods
based upon the criteria set forth in Exhibit "A" and Exhibit "B", if mutually acceptable contract
terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not
to renew.
10.2 Renewals may be made through the OCSD Purchase Order Process.
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 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.
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 the signed Acknowledgement of Insurance Requirements (attached
hereto and incorporated herein as Exhibit "C"). Contractor and all Subcontractors 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.
Orange County Sanitation District 4 of 10 Specification No. S-2016-7488D
13. Indemnification and Hold Harmless Provision Contractor shall assume all
responsibility for damages to property and/or injuries to persons, including accidental death,which
may arise out of or be caused by Contractor's services under this Contract,or by its Subcontractor
or by anyone directly or indirectly employed by Contractor, and whether such damage or injury
shall accrue or be discovered before or after the termination of the Contract. Except as to the
sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect,
defend and hold harmless OCSD, its elected and appointed officials, officers, agents and
employees, from and against any and all claims, liabilities, damages or expenses of any nature,
including attorneys' fees: (a) for injury to or death of any person or damage to property or
interference with the use of property,arising out of or in connection with Contractor's performance
under the Contract, and/or (b) on account of use of any copyrighted or uncepyrighted material,
composition, or process, or any patented or unpatented invention, article or appliance, furnished
or used under the Contract, and/or(c)on account of any goods and services provided under this
Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct,
or negligent misconduct, whether active or passive, on the part of Contractor of or anyone
employed by or working under Contractor. To the maximum extent permitted by law, Contractor's
duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have
merit or are mantissa,or which involve claims or allegations that any of the parties to be defended
were actively, passively, or concurrently negligent, or which otherwise assert that the parties to
be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor
agrees to provide this defense immediately upon written notice from OCSD, and with well
qualified, adequately insured, and experienced legal counsel acceptable to OCSD.
14. Safety Standards and Human Resources (HR) Policies OCSD requires all contractors
and service providers to follow and ensure their employees and all subcontractors follow all State
and Federal regulations as well as OCSD requirements while working at OCSD locations. If
during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts
do not comply with State or Federal regulations then the Contractor is required to follow the most
stringent regulatory requirement at no additional cost to OCSD. Contractor and all their
employees and Subcontractors, shall adhere to all applicable OCSD Safety Standards and
Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety".
OCSD's Safety Standards and Human Resource Policies are hereby incorporated by reference
as though fully set forth herein. In addition to the requirements stated above, CONTRACTOR
shall adhere to the following OCSD Safety requirements: SOP-102 PPE, SOP-113 Blood borne
Pathogen.
15. Warranties In addition to the Warranties stated in Exhibit "A", the following shall apply:
15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at
date of completion of this Contract.
15.2 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) at Contractor's sole
expense.
16. Performance Time is of the essence in the performance of this Contract and the
provisions hereof.
17. Force Maleure 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 5 of 10 Specification No. S-2016-7488D
18. Freiaht(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.
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. Regulatory Reaulrements 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, 261, and 503, Title 22, 23, and California Water
Codes Division 2.
21. 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.
22. 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.
23. Contractor's Employees Compensation
23.1 General Prevailing Rate — 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, and copies of the
same are on file in the office of the engineer of OCSD. The Contractor agrees that not less than
said prevailing rates shall be paid to workers employed on this contract as required by Labor Code
Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file
copies of the prevailing rate of per diem wages at its principal office and at each job site, which
shall be made available to any interested party upon request.
23.2 Forfeiture For Violation - Contractor shall, as a penalty to OCSD, forfeit fifty dollars
($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor
or any subcontractor under it)less than the prevailing rate of per diem wages as set by the Director
of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for
the work provided for in this contract, all in accordance with Section 1775 of the Labor Code of
the State of California.
23.3 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of
California, regarding the employment of apprentices are applicable to this contract and the
Contractor shall comply therewith if the prime contract involves thirty thousand dollars
($30,000.00)or more or twenty (20)working days or more; or if contracts of specialty contractors
not bidding for work through the general or prime Contractor are two thousand dollars($2,000.00)
or more or five (5)working days or more.
Orange County Sanitation District 6 of 10 Specification No. S-2016-7488D
23.4 Workday — In the performance of this contract, not more than eight (8) hours shall
constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in
a day from any person employed by him hereunder except as provided in paragraph 23.1 above.
Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code
of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty five dollars
($25.00) for each worker employed in the execution of this contract by Contractor or any
subcontractor for each calendar day during which any worker is required or permitted to labor
more than eight(8)hours in any one calendar day and forty(40)hours in any one week in violation
of said Article. Contractor shall keep an accurate record showing the name and actual hours
worked each calendar day and each calendar week by each worker employed by Contractor in
connection with the project.
23.5 Record of Wages; Inspection - Contractor agrees to maintain accurate payroll records
showing the name, address, social security number, work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the project
and agrees to require that each of its subcontractors do the same. All payroll records shall be
certified as accurate by the applicable Contractor or subcontractor or its agent having authority
over such matters. Contractor further agrees that its payroll records and those of its
subcontractors shall be available to the employee or employee's representative, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply
with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance
with the requirements of Section 1776 may be deducted from project payments per the
requirements of Section 1776.
24. 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.
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. 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.
Orange County Sanitation District 7 of 10 Specification No. 5-2016-7488D
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 at 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, orthree 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. Attornev'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.
30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract.
31. 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.
32. Damaae 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. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OCSD
employee. During the performance of this Contract, Contractor and its officers, employees, and
agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or
agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits
which accrue to OCSD's employees.
35. 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.
Orange County Sanitation District 8 of 10 Specification No. S-2016-7488D
35.1 In the event the Contractor obtains written approval from the Project Manager to delegate
duties, assign rights,substitute an approved Subcontractor and/or introduce a new Subcontractor,
the Contractor shall be as fully responsible to OCSD for the acts, errors and omissions of the
Subcontractor(s) and Suppliers and of the person(s) either directly or indirectly employed by the
Subcontractor(s) and Suppliers as the Contractor is for the acts, errors and omissions of persons
directly employed by the Contractor. Nothing contained in the Contract shall create any
contractual relationship between any Subcontractor/Supplier and OCSD.
35.2 Each Subcontract and Supplier agreement shall be approved in writing by OCSD and
preserve and protect the rights of OCSD, its directors, officers, agents, and employees under the
Contract with respect to the work to be performed by the Subcontractor so that subcontracting
thereof will not prejudice such rights, and shall allow to the Subcontractor or Supplier, unless
specifically provided otherwise in the subcontract agreement, the benefits of all rights, remedies
and redress against the Contractor that the Contractor, by the Contract, has against OCSD. The
Contractor shall make available to each proposed Subcontractor or Supplier, prior to the
execution of the subcontract, copies of the Contract documents.
35.3 This section does not and shall not operate to relieve the Contractor of any duty or liability
under the Contract, nor does it create any duty or liability on the part of OCSD. The Contractor
shall have sole responsibility for promptly settling any disputes between its Subcontractors.
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. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall
be personally liable to Contractor, or any successor-in-interest, in the event of any default or
breach by OCSD or for any amount which may become due to Contractor or to its successor, or
for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read
and understood the terms and conditions of the Contract.
39. 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.
40. 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 9 of 10 Specification No. 5-2016-7488D
41. Notices All notices under this Contract must be in writing. Written notice shall be
delivered by personal service or 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. Rejection or other refusal to accept or
the inability to deliver because of changed address for which no notice was given as provided
hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall
be effective when first received at the following addresses:
OCSD: Ludwig R. Lapus
Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Contractor: Denali Water Solutions
12812 Valley View Street
Suite 9
Garden Grove, CA 92845
Each party shall provide the other party written notice of any change in address as soon as
practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair, Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts, Purchasing and Materials
Management Division Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 10 of 10 Specification No. 5-2016-7488D
OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir.
04/lti06/16 04/27/1Or6
AGENDA REPORT ItemNumber Item Number
B
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Bob Ghirelli, Assistant General Manager
SUBJECT: ANNUAL MARINE MONITORING REPORT
GENERAL MANAGER'S RECOMMENDATION
Receive and file the 2014-15 Marine Monitoring Annual Report.
SUMMARY
BACKGROUND
Per the Orange County Sanitation District's (Sanitation District) NPDES Ocean
Discharge Permit, the Sanitation District staff must complete and submit an Annual
Compliance Report, which covers all environmental monitoring activities and
discharge compliance information to the Santa Ana Regional Water Quality Control
Board and the USEPA by March 15tb each year.
RELEVANT STANDARDS
• Full compliance of all NPDES Permit conditions
• Strategic Process Studies completed
• Participation in Regional Monitoring
• Environmental response due to cessation of disinfection, year one
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Since 1971, the Sanitation District has monitored the marine environment near the ocean
outfall for potential adverse environmental effects from the discharge of treated
wastewater. Presently, the Sanitation District conducts a tri-phased Ocean Monitoring
Program (OMP) under the auspices of the Federal Clean Water Act and the California
Ocean Plan. The Sanitation District OMP has become the standard for the monitoring of
wastewater ocean ouffalls in southern California and elsewhere.
Page 1 of 2
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
2014-15 Marine Monitoring Annual Report
Page 2 of 2
Orange County Sanitation District
Ocean Monitoring Report
Year 2014-2015
Em
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ANNUAL REPORT 2014-15
MARINE MONITORING
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92728-8127
(714) 962-2411
Orange County Sanitation District
10844 Ells Avenue,Fcunlan Vdlley,G192108
Anaheim 714.962.2411 www.ocsewets,mnl
Brea
Buena Pa* March 14. 2016
Cypress
Fountain Valley Kurt V. Berchtold, Executive Officer
Fullerton California Regional Water Quality Control Board
Garden Grove Santa Ana Region 8
Huntington Beach 3737 Main Street, Suite 500
Riverside, CA 92501-3339
Irvine
Le Habne SUBJECT: Board Order No. R8-2012-0035, NPDES Permit No. CA0110604
2014-15 Marine Monitoring Annual Report
La Palma
Los Alamitos Enclosed is the Orange County Sanitation District's 2014-15 Marine Monitoring
Newport Beach Annual Report. This report focuses on the findings and conclusions for the
Orange monitoring period July 1, 2014 to June 30, 2015. Overall, the results of the
monitoring program document that the disposal of our treated and disinfected
Placentia effluent into coastal marine waters continues to protect the environment and
Santa Ana human health.
SealBeach The results of the 2014-15 monitoring effort showed no impacts to the benthic
Stanton infaunal community within and adjacent to the zone of initial dilution (ZID).
Tustin Invertebrate and fish communities in the monitoring area were healthy, with all
Villa Park sites classifying as reference condition. Permit-regulated sediment
contaminants remained at or near background levels. The low levels of
County of ge contaminants in fish tissues and the low incidence of external abnormalities
Costs Mesa and diseases in fish populations demonstrated that the ouffall was not an
SanitaryDistnet epicenter of disease.
Mid"City
Sanitary Dishict There were limited and minimal changes in the receiving water conditions.
hyne Ranch {I Plume-related changes in temperature, salinity, dissolved oxygen, pH, and
Water District S transmissivity beyond the ZID were well within the range of natural variability,
Yorbs Linda and compliance with numeric receiving water criteria was achieved over 97%
Water Districtj of the time. Consequently, our ocean monitoring program continues to
demonstrate that the coastal receiving water environment outside the ZID has
not been degraded by the District's wastewater discharge. Finally, the low
concentrations of bacteria in water contact zones, together with the limited
distributions of ammonium, suggest that the wastewater discharge posed no
s.., human health risk and did not compromise recreational use.
Should you have questions regarding the information provided in this report, or
wish to meet with the District's staff to discuss any aspect of our ocean
monitoring program, please feel free to contact me at(714) 593-7400.
FM
To protect public health and the environment by providing
effective wastewater collection,treatment,and recycling.
oJNjV SPH„q�
N
Kurt V. Berchtold
March 14, 2016
Page 2
,x
However, you may also contact Dr. Jeff Armstrong, the supervisor of our
Ocean Monitoring section, who may be reached at (714) 593-7455 or at
iarmstronaaocsd.com.
Robert P. Ghire i, D.Env.
Assistant General Manager
cc: Jared Blumenfeld, U.S. EPA, Region IX
JA:ja
Enclosure
semint Orange County Sanitation District
10944 Ellis Avenue,Fountain Valley,(A 92709
Anaheim 714.962.2411Buena Park
Cypress •www.ocsewerscom
Brea
March 14, 2016
Fountain Valley
Fullertan
Certification Statement
Garden Grove
Huntington Beach
The following certification satisfies Section A.10 and A.15 of the Orange
La Habra County Sanitation District's Monitoring and Reporting Program No. R8-
La Palma 2012-0035, NPDES No. CA0110604, for the submittal of the attached
Los Alamro, OCSD Annual Report 2016 — Marine Monitoring.
Newport Beach
' - = I certify under penalty of law that this document and all
Placentia attachments were prepared under my direction or supervision in
SantaAna accordance with a system designed to assure that qualified
personnel properly gathered and evaluated the information
SealBeach submitted. Based on my inquiry of the person or persons who
Stanton manage the system, or those persons directly responsible for
Tustin gathering the information,the information submitted is,to the best
Villa Park of my knowledge and belief, true, accurate, and complete. I am
County of Orange aware that there are significant penalties for submitting false
Costa Mesa information, including the possibility offines and imprisonment for
Samnary District known violations.
Midway City
Sanitary District
Irvine Ranch
Water District
Water District
Robert P. Ghirgl 1, .Env. Date
Assistant General Manager
JA:ja
To protect public health and the environment by providing
effective wastewater collection,treatment,and recycling.
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CONTENTS
page
CONTENTS v
LIST OF TABLES viii
LIST OF FIGURES xii
ACKNOWLEDGMENTS AV
EXECUTIVE SUMMARY ES.1
WATER QUALITY ES.1
SEDIMENT QUALITY ES.1
BIOLOGICAL COMMUNITIES ES.2
Infaunal Invertebrate Communities ES.2
Demersal Fishes and Macroinvertebrates ES.2
Contaminants in Fish Tissue ES.2
Fish Health ES.2
CONCLUSIONS ES.2
Chapter 1 THE OCEAN MONITORING PROGRAM 1.1
INTRODUCTION 1.1
DESCRIPTION OF THE DISTRICT'S OPERATIONS 1.1
REGULATORY SETTING FOR THE OCEAN MONITORING PROGRAM 1.6
ENVIRONMENTAL SETTING 1.7
REFERENCES 1.10
Chapter 2 COMPLIANCE DETERMINATIONS 2.1
INTRODUCTION 2.1
WATER QUALITY 2.1
Offshore bacteria 2.1
Floating Particulates and Oil and Grease 2.6
Ocean Discoloration and Transparency 2.6
Dissolved Oxygen 2.6
Acidity (pH) 2.8
Nutrients (Ammonium) 2.8
Organics in the Water Column 2.8
Radioactivity 2.8
SEDIMENT GEOCHEMISTRY 2.9
BIOLOGICAL COMMUNITIES 2.9
Infaunal Communities 2.9
Epibenthic Macroinvertebrate Communities 2.9
Fish Communities 2.16
FISH BIOACCUMULATION AND HEALTH 2.24
Demersal Fish Tissue Chemistry 2.24
Sport Fish Muscle Chemistry 2.24
Fish Health 2.24
CONCLUSIONS 2.24
REFERENCES 2.29
v
CONTENTS
page
Chapter 3 STRATEGIC PROCESS STUDIES AND REGIONAL MONITORING 3.1
INTRODUCTION 3.1
REGIONAL MONITORING 3.2
Regional Nearshore (Surfzone) Bacterial Sampling 3.2
Bight'13 Regional Monitoring 3.3
Regional Kelp Survey Consortium - Central Region 3.3
Ocean Acidification Mooring 3.4
SPECIAL STUDIES 3.5
Cessation of Disinfection 3.5
REFERENCES 3.8
Appendix A METHODS A.1
INTRODUCTION A.1
WATER QUALITY MONITORING A.1
Field Methods A.1
Laboratory Methods A.7
Data Analyses A.7
Compliance Determinations A.9
SEDIMENT GEOCHEMISTRY MONITORING A.11
Field Methods A.11
Laboratory Methods A.12
Data Analyses A.13
BENTHIC INFAUNA MONITORING A.15
Field Methods A.15
Laboratory Methods A.15
Data Analyses A.16
TRAWL COMMUNITIES MONITORING A.17
Field Methods A.17
Laboratory Methods A.17
Data Analyses A.18
FISH TISSUE CONTAMINANTS MONITORING A.18
Field Methods A.18
Laboratory Methods A.19
Data Analyses A.19
FISH HEALTH MONITORING A.21
Field Methods A.21
Data Analyses A.21
REFERENCES A.22
A
CONTENTS
page
Appendix B SUPPORTING DATA B.1
Appendix C QUALITY ASSURANCE/QUALITY CONTROL CA
INTRODUCTION CA
WATER QUALITY NARRATIVE C.3
Ammonium C.3
Bacteria C.3
SEDIMENT GEOCHEMISTRY CHEMISTRY NARRATIVE C.9
First Quarter Semi-annual Collection (July 2014) C.9
Third Quarter Semi-annual Collection (January 2015) C.28
FISH TISSUE CHEMISTRY NARRATIVE C.28
Third Quarter(January 2015) C.28
BENTHIC INFAUNA NARRATIVE C.37
Sorting and Taxonomy QA/QC C.37
OTTER TRAWL NARRATIVE C.38
REFERENCES C.44
vii
LIST OF TABLES
page
Chapter 2 COMPLIANCE DETERMINATIONS
Table 2-1. Listing of compliance criteria from NPDES ocean discharge permit(Order No.
R8-2012-0035, Permit#CA0110604)and compliance status for each criterion in
2014-15. 2.2
Table 2-2. Summary of offshore water quality compliance testing results for dissolved
oxygen, pH, and transmissivity for 2014-15. 2.6
Table 2-3. Physical properties and organic contaminant concentrations of sediment samples
collected at each semi-annual and annual station(*)in Summer 2014 compared
to Effects Range-Median (ERM)values and regional measurements. 2.10
Table 2-4. Metal concentrations(mg/kg) in sediment samples collected at each semi-annual
and annual (')station in Summer 2014 compared to Effects Range-Median
(ERM)values and regional measurements. 2.12
Table 2-5. Physical properties and organic contaminant concentrations of sediment samples
collected at each semi-annual station in Winter 2015 compared to Effects Range-
Median (ERM)values and regional measurements. 2.14
Table 2-6. Metal concentrations(mg/kg) in sediment samples collected at each semi-annual
station in Winter 2015 compared to Effects Range-Median(ERM)values and
regional measurements. 2.15
Table 2-7. Whole-sediment Eohaustodus estuahus(amphipod)toxicity test results for
2014-15. 2.16
Table 2-8. Summary of infaunal community measures for each semi-annual &annual (')
station sampled during the Summer 2014 benthic survey, including regional and
District historical values. 2.17
Table 2-9. Summary of infaunal community measures for each semi-annual station sampled
during the Winter 2015 benthic survey, including regional and District historical
values. 2.19
Table 2-10. Summary of epibenthic macroinvertebrate community measures for each semi-
annual and annual (*)station sampled during the Summer 2014 and Winter 2015
trawl surveys, as well as District historical values. 2.21
Table 2-11. Summary of demersal fish community measures for each semi-annual and
annual (*)station sampled during the Summer 2014 and Winter 2015 trawl
surveys, as well as the District historical values. 2.23
Table 2-12. Summary statistics of tissue contaminant analyses of trawl fishes collected in
January 2015 at ouffall and nonouffall stations. 2.26
Table 2-13. Summary statistics of muscle tissue contaminant analyses of rig-caught fishes
collected in January 2015 at Zone 1 (ouffall)and Zone 3(non-outfall). 2.27
Appendix A METHODS
Table A-1. The District's ocean monitoring program station positions and nominal depths. A.3
Table A-2. Sampling dates during 2014-15. A.6
viii
LIST OF TABLES
page
Table A-3. Water quality sample collection and analysis methods by parameter during
2014-15. A.8
Table A-4. Sediment geochemistry and infaunal sampling summary for 2014-15. A.12
Table A-5. Sediment collection and analysis summary during 2014-15. A.13
Table A-6. Parameters measured in sediment samples during 2014-15. A.14
Table A-7. Benthic infauna sample distribution for 2014-15. A.15
Table A-8. Fish tissue handling and analysis summary during 2014-15. A.19
Table A-9. Parameters measured in fish tissue samples during 2014-15. A.20
Appendix B SUPPORTING DATA
Table B-1. Depth-averaged total coliform bacteria counts (MPN/100 mL)collected in
offshore waters and used for comparison with California Ocean Plan Water-
Contact(REC-1)compliance criteria, July 2014 through June 2015. B.1
Table B-2. Depth-averaged fecal coliform bacteria counts(MPN/100 mL)collected in
offshore waters and used for comparison with California Ocean Plan Water-
Contact(REC-1)compliance criteria, July 2014 through June 2015. B.2
Table B-3. Depth-averaged enterococci bacteria counts(MPN/100 mL)collected in offshore
waters and used for comparison with California Ocean Plan Water-Contact
(REC-1)compliance criteria and EPA Primary Recreation Criteria in Federal
Waters, July 2014 through June 2015. B.3
Table B-4. Summary of floatable material by station group observed during the 28-station
grid water quality surveys, July 2014 through June 2015. BA
Table B-5. Summary of floatable material by station group observed during the RECA water
quality surveys,July 2014 through June 2015. BA
Table B-6. Summary statistics of quarterly water quality parameters by depth strata and
season during 2014-15. B.5
Table B-7. Abundance of epibenthic macroinvertebrates by station and species for the
Summer 2014 and Winter 2015 trawl surveys. B.8
Table B-8. Biomass(kg)of epibenthic macroinvertebrates by station and species for the
Summer 2014 and Winter 2015 trawl surveys. B.10
Table B-9. Abundance of demersal fishes by station and species for the Summer 2014 and
Winter 2015 trawl surveys. B.12
Table B-10. Biomass(kg)of demersal fishes by station and species for the Summer 2014 and
Winter 2015 trawl surveys. B.14
Table B-11. Summary statistics of historic District Core nearshore stations for total coliforms,
fecal coliforms, and enterococci bacteria (CF1.1/100 mL) by station and season
during 2014-2015. B.16
ix
LIST OF TABLES
page
Table B-12. Summary statistics of OCHCA nearshore stations for total coliforms,fecal
coliforms, and enterococci bacteria (CFU/100 mL) by station and season during
2014-2015. B.19
Appendix C QUALITY ASSURANCEIQUALITY CONTROL
Table C-1. Ocean monitoring program sample collection requirements and percent
completion for water quality, July 2014-June 2015. C.2
Table C-2. Ocean monitoring program sample collection requirements and percent
completion for sediment geochemistry, infauna,sediment toxicity,trawl
community, trawl fish tissue, and sport fish tissue, July 2014-June 2015. C.2
Table C-3. Method detection limits(MDLs)for ammonium and bacteria in receiving water,
July 2014-June 2015. C.3
Table C-4. Water quality ammonium QA/QC summary, July 2014-June 2015. CA
Table C-5. Method detection limits (MDLs)for PAHs, LABS, pesticides, and PCBs in
sediments, July 2014-June 2015. C.10
Table C-6. Acceptance criteria for standard reference materials of PAH in sediments,July
2014-June 2015. C.12
Table C-7. Sediment PAH/LAB QA/QC summary, July 2014-June 2015. C.14
Table C-8. Acceptance criteria for standard reference materials of PCB/pesticides in
sediments, July 2014-June 2015. C.16
Table C-9. Sediment PCB/pesticides QA/QC summary, June 2014-June 2015. C.18
Table C-10. Method detection limits (MDLs)for trace metals in sediments, July 2014-June
2015. C.20
Table C-11. Acceptance criteria for standard reference materials of metals in sediments,July
2014-June 2015. C.21
Table C-12. Sediment metals QA/QC summary, July 2014-June 2015. C.22
Table C-13. Method detection limits (MDLs)for dissolved sulfides,total organic carbon, grain
size, total nitrogen, and total phosphorus in sediments, July 2014-June 2015. C.24
Table C-14. Sediment dissolved sulfides QA/QC summary, July 2014-June 2015. C.25
Table C-15. Sediment total organic carbon QA/QC summary, July 2014-June 2015. C.25
Table C-16. Sediment grain size QA/QC summary, July 2014-June 2015. C.26
Table C-17. Sediment total nitrogen and total phosphorus QA/QC summary, July 2014-tune
2015. C.27
Table C-18. Method detection levels (MDLs)for pesticides, PCB congeners, arsenic, mercury,
and selenium in fish tissue, DSQ II, July 2014-June 2015. C.30
Table C-19. Acceptance criteria for standard reference materials of PCB/pesticides in fish
tissue, July 2014-June 2015. C.31
x
LIST OF TABLES
page
Table C-20. Fish PCB/Pest QA/QC summary, July 2014—June 2015. C.33
Table C-21. Fish tissue percent lipid QA/QC summary, July 2014—June 2015. C.35
Table C-22. Acceptance criteria for standard reference materials of metals in fish tissue, July
2014—tune 2015. C.35
Table C-23. Fish tissue metals QA/QC summary,July 2014—June 2015. C.36
Table C-24. Percent error rates calculated for July 2014 QA samples. C.38
Table C-25. Trawl track distances and vessel speed for sampling conducted in Summer 2014
and Winter 2015. C.43
xi
LIST OF FIGURES
page
Chapter 1 THE OCEAN MONITORING PROGRAM
Figure 1-1. Regional setting for the District's ocean monitoring program. 1.2
Figure 1-2. a)Annual total beach attendance from 2001-2015 and b)monthly total beach
attendance during 2014-15 for Seal Beach City Beach, Boise Chica State Beach,
Huntington Beach City Beach, Huntington Beach State Beach, Newport Beach
City Beach, and Crystal Cove State Beach. Annual values represent beach
attendance from July 1 to June 30 for each program year. Solid black line on
each plot represents historical mean beach attendance(2001-2015). Note: data
for Seal Beach City Beach were not available for 2015. 1.3
Figure 1-3. Annual final effluent Flow(blue line)for the District and annual population (red
line)for Orange County, California, 1975-2015. 1.5
Figure 1-4. Annual rainfall for Newport Harbor, 1975-2015. Red line represents the historical
annual mean value. 1.5
Figure 1-5. Annual Flow for the Santa Ana River, 1975-2015. Red line represents the
historical annual mean value. 1.6
Chapter 2 COMPLIANCE DETERMINATIONS
Figure 2-1. Offshore and Nearshore (surfzone)water quality monitoring stations for 2014-15. 2.3
Figure 2-2. Benthic(sediment geochemistry and infauna)monitoring stations for 2014-15. 2.4
Figure 2-3. Trawl monitoring stations, as well as rig-fishing locations, for 2014-15. 2.5
Figure 2-4. Summary of mean percent compliance for dissolved oxygen (DO), pH, and light
transmissivity(%T)for all compliance stations, 1985-2015. 2.7
Figure 2-5. Non-metric multidimensional scaling (MDS)plot(top panel)and dendrogram
(bottom panel)of the infauna collected at within-and non-ZID stations for the
Summer 2014 (S)and Winter 2015(W)benthic surveys. 2.20
Figure 2-6. Non-metric multidimensional scaling (MDS)plot(top panel)and dendrogram
(bottom panel)of the epibenthic macroinvertebrates collected at outfall and
non-ouffall stations for the Summer 2014(S)and Winter 2015(W)trawl surveys. 2.22
Figure 2-7. Non-metric multidimensional scaling (MDS)plot(top panel)and dendrogram
(bottom panel)of the demersal fishes collected at ouffall and non-ouffall stations
for the Summer 2014 (S)and Winter 2015 (W)trawl surveys. 2.25
Chapter 3 STRATEGIC PROCESS STUDIES AND REGIONAL MONITORING
Figure 3-1. Percent of pH values measured below 7.75(aragonite saturation- 1) by the
District by program year. 3.5
Appendix A METHODS
Figure A-1. Water quality monitoring stations and zones used for compliance determinations. A.2
xii
LIST OF FIGURES
page
Appendix C QUALITY ASSURANCE/QUALITY CONTROL
Figure C-1. Quality assurance plots of otter trawl paths in relation to a 100-m circle(red
dashes)surrounding each nominal station position, July 2014. C.39
Figure C-2. Quality assurance plots of trawl depth per haul for otter trawl stations, July 2014.
Upper and lower limit lines are±10%of nominal trawl depth. C.40
Figure C-3. Quality assurance plots of otter trawl paths in relation to a 100-m circle(red
dashes)surrounding each nominal station position, January 2015. C.41
Figure C-4. Quality assurance plots of trawl depth per haul for otter trawl stations, January
2015.
Upper and lower limit lines are t10%of nominal trawl depth. C.42
xiii
ACKNOWLEDGMENTS
The following individuals are acknowledged for their contributions to the Marine Monitoring
Volume of the 2014-15 Annual Report:
Orange County Sanitation District Management:
Dr. Robert P. Ghirelli ........................................................ Assistant General Manager
Ron Coss..........Manager, Environmental Laboratory and Ocean Monitoring Division
Dr. Jeffrey L. Armstrong...........Environmental Supervisor, Ocean Monitoring Section
Ocean Monitoring Team:
George Robertson ..............................................................................Senior Scientist
Dr. Danny Tang.............................................................................................. Scientist
Michael Mengel......................................................Principal Environmental Specialist
Kelvin Barwick .......................................................Principal Environmental Specialist
Ken Sakamoto.......................................................... Senior Environmental Specialist
Hai Nguyen............................................................... Senior Environmental Specialist
Robert Gamber.........................................................Senior Environmental Specialist
Laura Terriquez.........................................................Senior Environmental Specialist
Ernest Ruckman .......................................................Senior Environmental Specialist
Erica Mason..............................................................Senior Environmental Specialist
Geoffrey Daly........................................................................Environmental Specialist
MarkKibby.............................................................................................. Boat Captain
StephenLaczko..................................................................................................Intern
Contributing Authors:
Kelvin Barwick, Dr. Sam Choi, Robert Gamber, Lori McKinley, Michael Mengel, Hai
Nguyen, Vanh Phonsiri, George Robertson, Ernest Ruckman, Ken Sakamoto, Dr.
Danny Tang, Laura Terriquez, and Dr. Yu-Li Tsai.
IT and LIMS Data Support:
Matthew Garchow.
Laboratory Team:
Miriam Angold, Jim Campbell, Dr. Sam Choi, Kim Christensen, Arturo Diaz, Ben
Ferraro, Joel Finch, Elaine Galvez, Michelle Kim, Thang Mai, Joe Manzella, Lori
McKinley, Ryan McMullin, Dawn Myers, Canh Nguyen, Thomas Nguyen, Paulo Pavia,
Vanh Phonsiri, Anthony Pimentel, Diane Poeske, Luis Ruiz, Dr. Yu-Li Tsai, Michael
Von Winkelmann, Kathy Waldron, Norman Whiteman, and Brandon Yokoyama.
AV
EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
The Orange County Sanitation District (District) conducts extensive ocean monitoring to
evaluate potential environmental and public health risks from its discharge of highly treated
wastewater off of Huntington Beach and Newport Beach, California. The effluent is released
over 7 km offshore in 60 m of water. The data collected are used to determine compliance
with receiving water conditions as specified in the District's National Pollution Discharge
Elimination System (NPDES) permit (R8-2012-0035, CA0110604), jointly issued in 2012
by the U.S. Environmental Protection Agency (EPA), Region IX and the Regional Water
Quality Control Board (RWQCB), Region 8. This report focuses on monitoring results and
conclusions from July 2014 through June 2015.
WATER QUALITY
Minor plume-related changes in temperature, salinity, dissolved oxygen (DO), acidity (pH),
and transmissivity were measured beyond the zone of initial dilution (ZID) during some
surveys. However, compliance with California Ocean Plan (COP) criteria remained high
(97-100%) for these water quality parameters. These results were consistent with previous
findings and none of these changes were determined to be environmentally significant, since
they fell within natural ranges to which marine organisms are exposed.
Offshore monitoring of nutrients (ammonium) and bacteria-2 measures of the wastewater
plume—showed only minor impacts to the receiving environment. Ninety percent of the
ammonium samples were below detection limits. When ammonium was detected, maximum
concentrations were 20-30 times less than the COP objective for chronic toxicity to
marine organisms. Bacterial concentrations remained low and were predominantly below
measurement detection levels. The low levels of ammonium,along with the lack of association
with chlorophyll-a, suggests that these concentrations were not environmentally significant.
Overall, the measured environmental effects to the receiving water continue to be relatively
small, with values remaining within the ranges of natural variability for the monitoring area.
These results support the conclusion that the discharge is not greatly affecting the receiving
water environment and that beneficial uses were maintained.
SEDIMENT QUALITY
Sediment parameter values were comparable for within-ZID and non-ZID station groups.
Values were below levels of biological concern (Effects Range-Median values) at all but one
non-ZID station. The exceedance did not appear to be effluent discharge-related. Whole
sediment toxicity tests showed no measureable toxicity. Overall,these results were consistent
with those of previous years, suggesting the wastewater discharge has minimal potential for
adverse impact on biota outside the ZID.
ES.1
BIOLOGICAL COMMUNITIES
Infaunal Invertebrate Communities
The infaunal communities were similar within the monitoring area, as within- and non-ZID
stations had comparable community measure values and equivalent species assemblages
based on multivariate analyses. Also,the infaunal communities atwithin-and non-ZID station
groups remain healthy based on their low Benthic Response Index values and high Infaunal
Trophic Index values. These results demonstrated that the outfall discharge had an overall
negligible effect on the benthic community structure within the monitoring area.
Demersal Fishes and Macroinvertebrates
Results for the epibenthic macroinvertebrates (EMIs) and demersal fishes were generally
consistent with past findings. Community measure values of the EMIs and fishes were
comparable between outfall and non-outfall stations. Multivariate analyses of the EMI and
fish species also showed that the biological communities at the outfall and non-outfall station
groups were generally similar. Furthermore,fish communities at outfall and non-outfall station
groups can be classified as reference condition based on their low Fish Response Index
values. These results indicated that the outfall area was not degraded and that it supported
normal fish and EMI populations.
Contaminants in Fish Tissue
Consistent with previous results, 2014-15 tissue concentrations of mercury, DDT, PCB, and
other chlorinated pesticides in fishes collected by otter trawling and hook-and-line methods
at outfall and non-outfall locations were below federal and state human consumption
guidelines. These results demonstrated that the outfall is not an epicenter of disease due to
the bioaccumulation of contaminants in fish tissue.
Fish Health
The lack of tumors, fin erosion, and skin lesions showed that fishes in the monitoring area
were healthy. External parasites and other external abnormalities occurred in less than 1%
of the fishes collected. These results were consistent with previous years and indicate that
the outfall is not an epicenter of disease.
CONCLUSIONS
The results for the 2014-15 monitoring effort were consistent with long-term findings that
showed limited impacts to the receiving water, sediment, and infaunal, demersal fish, and
EMI communities. Plume-related changes to receiving water DO, pH, and transmissivity
detected beyond the ZID were well within the range of natural variability. Low concentrations
of bacteria in water contact zones, in concert with the limited distributions of ammonium and
absence of associations of the wastewater plume with phytoplankton blooms, suggest that
the discharge had no discernible impact on the environment and posed no human health risk.
The low levels of contaminants in fish tissues and the low incidence of external abnormalities
and diseases in fish demonstrated that the outfall was not an epicenter of disease.
ES.2
THE OCEAN MONITORING PROGRAM
Chapter 1
Chapter 1
THE OCEAN MONITORING PROGRAM
INTRODUCTION
The Orange County Sanitation District (District) operates 2 wastewater treatment facilities
located in Fountain Valley (Plant 1) and in Huntington Beach (Plant 2), California. The
District discharges treated wastewater (effluent) to the Pacific Ocean through a submarine
ouffall located offshore of Huntington Beach and Newport Beach, California (Figure 1-1).
This discharge is regulated by the US Environmental Protection Agency (EPA), Region IX
and the Regional Water Quality Control Board (RWQCB), Region 8 under the Federal Clean
Water Act, the California Ocean Plan, and the RWQCB Basin Plan. Specific discharge and
monitoring requirements are contained in a National Pollutant Discharge Elimination System
(NPDES) permit issued jointly by the EPA and the RWQCB (Order No. R8-2012-0035,
NPDES Permit No. CA0110604) on June 15, 2012.
A large percentage of the local economies in southern California rely on beach use and its
associated recreational activities, which are highly dependent upon water quality conditions
(Turbow and Jiang 2004, Leeworthy and Wiley 2007). The region's Mediterranean climate
and convenient beach access results in high, year-round public use of beaches. For
example, although the highest visitation occurs during the summer months, beach usage
at the Huntington Beach and Newport Beach city beaches during the winter months can
each exceed 545,000 visitors per month (City of Huntington Beach, City of Newport Beach,
California State Department of Parks and Recreation, unpublished data, 2015).
For 2014-15, total beach attendance for Seal Beach, Bolsa Chica State Beach, Huntington
Beach City Beach, Huntington Beach State Beach, Newport Beach City Beach, and Crystal
Cove State Beach was-25 million (Figure 1-2a; City of Seal Beach, City of Huntington Beach,
City of Newport Beach, California State Department of Parks and Recreation, unpublished
data, 2015). Total monthly visitations ranged from 691,033 in December 2014 to 5,551,782
in July 2014 (Figure 1-21b). The 2014-15 seasonal visitation patterns were similar to those of
previous years.
DESCRIPTION OF THE DISTRICT'S OPERATIONS
The District's mission is to safely collect, process, recycle, and dispose of treated wastewater
while protecting human health and the environment in accordance with federal, state, and
local laws and regulations. These objectives are achieved through extensive industrial pre-
treatment (source control), secondary treatment processes, biosolids management, and
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■ Goes Chico Stele Beach ■ Huntington Beach Slate Beach ❑ Crystal Cove State Beach
Long-term Average
Figure 1-2. a)Annual total beach attendance from 2001-2015 and b) monthly total beach
attendance during 2014-15 for Seal Beach City Beach, Boise Chica State Beach,
Huntington Beach City Beach, Huntington Beach State Beach, Newport Beach City
Beach,and Crystal Cove State Beach. Annual values represent beach attendance
from July 1 to June 30 for each program year. Solid black line on each plot represents
historical mean beach attendance (2001-2015). Note: data for Seal Beach City Beach
were not available for 2015.
Source:City of Seal Beach Marine Safety/Lifeguards Department,City of Huntington Beach-Fire Department/
Marine Safety Division,City of Newport Beach-Fire DeparnnentlMarine Operations Division,State
Beaches,California State Departrnent of Parks and Recreation-Orange Coast District.
1.3
water reuse programs. During the 2012-13 program year, the District completed construction
and testing of new full secondary treatment facilities and brought these facilities permanently
on-line.
Together, the District's 2 wastewater treatment plants receive domestic sewage from
approximately 80% of the county's 3.1 million residents and industrial wastewater from 688
permitted businesses within the District's service area. Under normal operations, the effluent
is discharged through a 120-in (305-cm) diameter ocean outfall, which extends 4.4 miles
(7.1 km) from the Huntington Beach shoreline (Figure 1-1). The last 1.1 miles (1.8 km)
of the outfall consists of a diffuser with 503 ports that discharge the treated effluent at an
approximate depth of 197 ft (60 m).
Since 1999, the District has accepted 8.3 billion gallons (3.2 x 1010 L) of dry-weather urban
runoff from 20 diverted urban runoff locations in North and Central Orange County that would
otherwise have gone into the ocean without treatment (OCSD 2015). These include storm
water pump stations owned by the City of Huntington Beach (n=11), the City of Newport
Beach (n=2), the Irvine Ranch Water District (n=2), the PH Finance, LLC (n=1), and from 4
diverted flood control channels owned by the Public Works Department of Orange County.
The collection and treatment of dry-weather runoff is part of a regional effort to reduce beach
bacterial and chemical (e.g., selenium) pollution associated with chronic dry-weather flows
within the watershed. For 2014-15, the diverted daily discharge per month ranged from
0.70-1.49 million gallons (2.6-5.6 x 10' L) during dry weather and the total average daily
discharge was 1.50 million gallons (5.7 x 10' L). There are 4 new urban runoff diversions
proposed for the coming year. Construction of 1 new diversion is nearly underway, with the
diversion expected to go on-line by the end of 2016. Three additional diversions, the Delhi,
Santa Fe, and Lane flood control channels in the City of Santa Ana, are still in the proposal
stage with no projected timeline for completion.
Since July of 1986, approximately 10 million gallons per day (MGD) (3.8 x 107 L/day) of
the final effluent had been transferred daily to the Orange County Water District (OCWD)
where it received further (tertiary) treatment to remove residual solids. The effluent from
this process was then used for public landscape irrigation (e.g., freeways, golf courses) as
part of the Green Acres Project (GAP) or pumped into a local aquifer to provide a saltwater
intrusion barrier. In 2007-08, the District began diverting -35 MGD (=1.3 x 10' L/day) of
secondary effluent to OCWD's Groundwater Replenishment System (GWRS). The diversion
was increased to -68 MGD (=2.6 x 10' L/day) in 2008-09, averaged 84 MGD (-3.2 x 10' L/
day) in 2013-14, and was increased to-100 MGD (-3.8 x 10' L/day) in February 2015. This
flow is treated using microfiltration, reverse osmosis, and ultraviolet disinfection to achieve
constituent levels that meet or exceed drinking water standards.
During 2014-15, the 2 wastewater treatment plants received and processed influent volumes
averaging 187.3 MGD(7.1 x 108L/day). Treatment plant processes achieved a 98%reduction
in suspended solids concentration. After diversions to the GWRS, the District discharged an
average of 117.2 MGD (4.4 x 108 L/day) of treated wastewater to the ocean (Figure 1-3).
Peak flow in 2014-15 was 134.5 MGD (5.1 x 10' L/day) in July of 2014, which was well
below the historical peak flow of 550 MGD (2.1 x 109 L/day)that occurred during an extreme
rainfall event in the winter of 1996. Seasonal and interannual differences in flow volumes are
due to the variability in the amount of rainfall, infiltration of the treatment system by runoff,
1.4
300.0 4.0
p 250.0 3.5 G
0 3.0 p
200.0 c
2.5 m
LL 150.0 2.0 j
y 100.0 1.5 K
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W 50.0 0.5 !^.
0.0 0.0
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191y 410" 14,1 ^9pe. 10 p 11` ^9°'p' ^Opa'O ry�ti 00<i � 1,11 16 a
Vear
Figure 1-3. Annual final effluent flow(blue line)for the District and annual population(red line)for
Orange County, California, 1975-2015.
Source:OC Population:California Dept.of Finance
and reclamation. The 2014-15 total rainfall for Newport Harbor was 5.55 inches (141
mm) (Orange County, CA Department of Public Works 2015), well below the long-term
historical mean of 10.9 inches (277 mm) (Figure 14). As a result, annual flows in the
Santa Ana River were below average (Figure 1-5).
Prior to 1990, wastewater discharge volumes gradually increased due to continuing
population growth within the District's service area (Figure 1-3). However, wastewater
flows decreased in 1991-92 and remained stable through 2007 due to drought conditions
and water conservation measures despite the increasing population. Since 2007,
average flows have declined dramatically due to the conservation measures of our
member agencies and the startup of the GWRS, which reclaims water that previously
would have been discharged to the ocean.
30
25
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N
� 20
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15
W : A A 2 A
c 10
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Y
5
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101y 10'1� 1901 ^°j� 10y,1 1A9a 1_gVJ ^99v 1A9g �ti (y00 '7OOPf (yO�n'I
'7O,�x
Year
Figure 1-4. Annual rainfall for Newport Harbor, 1975.2015. Red line represents the historical
annual mean value.
Source:Rainfall:OC Public Works;Station 8B/Newport Beach.
1.5
1,000,000
100,000
0
0 10,000
g 1,000
0 100
LL
10
p p
nZ ry rypA ry nb 9 ryP^ ti PN�
BDr Year M h'
Figure 1-5. Annual flow for the Santa Ana River, 1975-2015. Red line represents the historical
annual mean value.
Source:Santa Ana River:USGS,5th Street Station,Santa Ana.
REGULATORY SETTING FOR THE OCEAN MONITORING PROGRAM
The District's permit includes requirements to monitor influent, effluent, and the receiving
water. Effluent flows, constituent concentrations, and toxicity are monitored to determine
compliance with permit limits and to provide data for interpreting changes to receiving water
conditions. Wastewater impacts to coastal receiving waters are evaluated by the District's
ocean monitoring program (OMP) based on 3 inter-related components: Core monitoring,
Strategic Process Studies (SPS), and Regional monitoring. In addition, the District conducts
other special studies not required under the existing NPDES permit. Information obtained
from each of these program components is used to further the understanding of the coastal
ocean environment and improve interpretations of the monitoring data. These program
elements are summarized below.
The Core monitoring program is designed to measure compliance with permit conditions and
trend analysis. Four major components comprise the program: (1) coastal oceanography
and water quality, (2) sediment quality, (3) benthic infaunal community health, and (4)
demersal fish and epibenthic macroinvertebrate community health, which include fish tissue
contaminant concentrations.
The District conducts SPS to provide information about relevant coastal processes that are
not addressed by Core monitoring. These studies have included evaluating the physical
and chemical processes that affect the fate and transport of the discharged wastewater,
tracking wastewater particles, contributing to the development of ocean circulation models,
and studying the effects of endocrine disrupting compounds (EDCs) on fish. The District
recently concluded a series of studies conducted over 3 years to examine recent changes
in infaunal assemblages near the outfall, collectively referred to as the ZID (zone of initial
dilution) Investigation. Presently, the District is continuing a sediment mapping study to
determine the optimal sediment station array to accurately generate a map of the District's
outfall footprint for sediment geochemistry analytes and benthic infaunal community metrics.
Since 1994, the District has participated in 5 regional monitoring studies of environmental
conditions within the Southern California Bight (SCB): 1994 Southern California Bight
1.6
Pilot Project (SCBPP), Bight'98, Bight'03, Bight'08, and Bight'13. The District has played
a considerable role in all aspects of these regional projects, including program design,
sampling, quality assurance, data analysis, and report writing. Results from these efforts
provide information that is used by individual dischargers, resource managers, and the public
to improve region-wide understanding of environmental conditions and to provide a regional
perspective for comparisons with data collected from individual point sources. Final reports
for the Bight'13 program will be available in December 2017. Program documents, data,
and reports on the previous studies can be found at the Southern California Coastal Water
Research Project's (SCCWRP)website (http://sccwrp.org). Since 1997, the District has also
participated in the Central Bight Water Quality Program, a collaborative regional water quality
effort of the City of Oxnard, the City of Los Angeles, the County Sanitation Districts of Los
Angeles, the District, and the City of San Diego.
Other collaborative projects organized by SCCWRP include "Characteristics of Effluents
from Large Municipal Wastewater Treatment Facilities' and "Comparison of Mass Emissions
among Sources in the Southern California Bight." Both of these projects involve historical
data mining from large publicly owned treatment works (POTWs), including the District.
Finally, the District has been working with the Southern California Coastal Ocean Observing
System (SCCOOS; http://www.sccoos.org) to provide real time meteorological data and
historical and ongoing offshore and beach water quality data to further understand region-
wide oceanographic trends. The District also partnered with SCCWRP, other local POTWs,
and the OC Health Care Agency in conducting studies not mandated by the NPDES permit.
Recent examples include continuing research on source tracking of bacterial contamination
and evaluating rapid tests for fecal indicator bacteria.
The District's OMP has contributed substantially to the understanding of water quality and
environmental conditions along the beaches and in the area adjacent to the submarine outfall.
This monitoring program has generated a large data set that provides a broad understanding
of both natural and anthropogenic processes that affect coastal oceanography and marine
biology.
ENVIRONMENTAL SETTING
The District's ocean monitoring area is located on the southern portion of the San Pedro
Shelf, adjacent to one of the most highly urbanized areas in the United States. The shelf is
composed primarily of soft sediments (sands with silts and clays)and inhabited by biological
communities typical of these environments. The seafloor increases in depth gradually from
the shoreline to a depth of approximately 262 f:(80 m), afterwhich the depth increases rapidly
as it slopes down to the open basin. The outfall diffuser lies at about 60 m depth on the shelf
between the Newport and San Gabriel submarine canyons, which are located southeast
and northwest, respectively (Figure 1-1). The 120-inch outfall represents one of the largest
artificial reefs in this coastal region and supports communities typical of hard substrates that
would not otherwise be found in the monitoring area (CDFG 1989, OCSD 2000). Together
with the District's 78-inch (198-cm)outfall, approximately 1.1 x 106 ft' (102,193 m2)of seafloor
was converted from a flat, sandy habitat into a raised, hard-bottom substrate.
1.7
Conditions within the District's monitoring area are affected by large regional-scale current
patterns that influence the water characteristics and the direction of water flow along the
Orange County coastline. The predominant low-frequency current flows in the monitoring
area are alongshore (i.e., either upcoast or downcoast) with minor across-shelf (i.e., toward
the beach) transport (OCSD 1997, 1998, 2004, 2011; SAIC 2001, 2009, 2011). The specific
direction of the flows varies with depth and is subject to reversals over time periods of days
to weeks (see SAIC 2011 for detailed long-term analyses).
Other natural oceanographic processes, such as upwelling and eddies, also influence
the characteristics of receiving waters on the San Pedro Shelf. Tidal flows, currents, and
internal waves mix and transport the District's wastewater discharge with coastal waters and
resuspended sediments. Tidal currents in the study region are relatively weak compared to
lower frequency currents, which are responsible for transporting material over long distances
(OCSD 2001, 2004). Combined, these processes contribute to the variability of seawater
movement observed within the monitoring area.
Episodic storms, drought, and climatic cycles influence environmental conditions and
biological communities within the monitoring area. For example, storm water runoff has a
large influence on sediment movement in the region (Brownlie and Taylor 1981, Warrick and
Milliken 2003). Major storms contribute large amounts of contaminants to the ocean and
can generate waves capable of extensive shoreline erosion, sediment resuspension, and
movement of sediments along the coast as well as offshore. Some of the greatest effects
are produced by wet weather cycles, periods of drought, and periodic oceanographic events,
such as El Nino and La Nina conditions. An understanding of the effects of the inputs from
rivers and watersheds, particularly non-point source runoff, is important for evaluating trends
in the environmental quality of coastal areas. River flows, together with urban storm water
runoff, represent significant, episodic sources of freshwater, sediments, suspended particles,
nutrients, bacteria and other contaminants to the coastal area (Hood 1993, Grant et al. 2001,
Warwick at al. 2007), although recent studies indicate that the spatial impact of these effects
may be limited (Ahn at al. 2005, Reifel et al. 2009). While many of the materials supplied to
coastal waters by rivers are essential to natural biogeochemical cycles, either an excess or
a deficit may have important environmental consequences.
Nearshore coastal waters of the SCB receive municipal and industrial wastes from a variety
of human-related sources, such as wastewater discharges, dredged material disposal, oil
and gas activities, boat/vessel discharges, urban and agricultural runoff, and atmospheric
fallout. The majority of these sources are located between Point Dume and San Mateo Point
(Figure 1-1). Discharges from the Los Angeles, San Gabriel, and Santa Ana Rivers are also
responsible for substantial inputs of contaminants to the SCB (Schafer and Gossett 1988,
SCCWRP 1992, Schiff and Tiefenthaler 2001).
A goal of the District's OMP is to provide an understanding of the effects of its wastewater
discharge on beneficial uses of the ocean. However, distinguishing the effects of the
District's discharge from those of natural and other human influences is difficult, especially
as the "signal" (impact) from the outfall has been greatly reduced since the 1970s. The
complexities of the environmental setting and related difficulties in assigning a cause or
source to a pollution event are the reasons for the District's extensive monitoring program.
1.8
This report presents OMP compliance determinations for data collected from July 2014
through June 2015. Compliance determinations were made by comparing OMP findings to
the criteria specified in the District's NPDES permit. Any related special studies or regional
monitoring efforts are also documented. This report and earlier annual reports are available
digitally at the District's website: http://www.ocsd.com/opengov/annual-reports/-folder-385.
1.9
REFERENCES
Ahn, J.H., S.B. Grant, C.Q. Surbeck, P.M. Digiacomo, N.P. Nezlin, and S. Jiang. 2005. Coastal water quality
impact of stormwater runoff from an urban watershed in Southern California. Environ. Sci. Technol.
39:5940-5953.
Brownlie, W.D. and B.D. Taylor. 1981. Sediment management for Southern California mountains, coastal
plains, and shorelines. Part C. Coastal Sediment Delivery by Major Rivers in Southern California.
Environmental Quality Laboratory Report 17C. California Institute of Technology, Pasadena, CA.
California State Department of Parks and Recreation—Orange Coast District. 2015. State Beach Attendance
Statistics. Unpublished data.
CDFG (California Department of Fish and Game). 1989. A Guide to Artificial Reefs in Southern California.
Robert D. Lewis and Kimberly K. McGee.
City of Huntington Beach — Fire DepartmenUMarine Safety Division. 2015. Huntington Beach Attendance
Statistics. Unpublished data.
City of Newport Beach—Fire Department/Marine Operations Division. 2015. Newport Beach Monthly Statistics.
Unpublished data.
City of Seal Beach—Marine Safety/Lifeguards Department. 2015. Seal Beach Statistics. Unpublished data.
Grant, S.B., B.F. Sanders,A.B. Boehm, J.A. Redman, J.H. Kim, R.D. Mrse,A.K. Chu, M. Gouldin, C.D. McGee,
N.A.Gardiner, B.H.Jones,J.Svejkovsky,G.V.Leipzig,and A.Brown. 2001. Generation of enterococci
bacteria in a coastal saltwater marsh and its impacts on surf zone water quality. Environ. Sci. Technol.
35:2407-2416.
Hood, D. 1993. Ecosystem relationships. In: Ecology of the Southern California Bight: A Synthesis and
Interpretation (M.D. Dailey, D.J. Reish, and J.W. Anderson — Eds.). University, of California Press,
Berkeley, CA. p. 782-835.
Leeworthy,V.R.and P.C.Wiley. 2007. Economic Value and Impact of Water Quality Change for Long Beach in
Southern California. National Oceanic and Atmospheric Administration Report. 23 p.
OCSD (Orange County Sanitation District). 1997. Annual Report, July 1995—June 1996. Marine Monitoring.
Fountain Valley, CA.
OCSD. 1998. Annual Report,July 1996—tune 1997. Marine Monitoring. Fountain Valley, CA.
OCSD. 2000. Annual Report,July 1998—tune 1999. Marine Monitoring. Fountain Valley, CA.
OCSD. 2001. Annual Report,July 1999—tune 2000. Marine Monitoring. Fountain Valley, CA.
OCSD. 2004. Annual Report,July 2002—tune 2003. Marine Monitoring. Fountain Valley, CA.
OCSD. 2011. Annual Report, July 2009—June 2010. Marine Monitoring. Fountain Valley, CA.
OCSD. 2015. Annual Report, July 2014—tune 2015. Environmental Compliance Program Pretreatment
Program. Fountain Valley, CA.
Orange County, CA. Department of Public Works. 2015. Historic Rainfall Data. Station 88—Newport Beach
Harbor Master. http://ocwatemheds.com/rainrewrds/rainfalidata/historic—data/rainfall—data
1.10
Reifel, K.M., S.C. Johnson, P.M. DIGIacomo, M.J. Mengel, N.P. Nezlin, J.A. Warrick, and B.H. Jones. 2009.
Impacts of stonnwater runoff in the Southern Califomia Bight-Relationships among plume constituents.
Cont. Shelf Res. 29:1821-1835.
SAIC (Science Applications International Corporation). 2001. Strategic Processes Study#1: Plume Tracking—
Ocean Currents. Prepared for the Orange County Sanitation District. Fountain Valley, CA. 68 p.
SAIC. 2009. Orange County Sanitation District Ocean Current Studies: Analyses of Inter-and Intra-Annual
Variability in Coastal Currents. Final Report prepared for the Orange County Sanitation District.
Fountain Valley, CA. 62 p.
SAIC. 2011. Statistical Analysis of Multi-Year Currents at Inshore Locations in San Pedro Bay. Final Report
prepared for Orange County Sanitation District. Fountain Valley, CA. 36 p.
SCCWRP (Southern California Coastal Water Research Project). 1992. Southern California Coastal Water
Research Project Biennial Report 1990-91 and 1991-92 (J.N. Cross and C. Francisco— Eds.). Long
Beach, CA.
Schafer, H.A.and R.W.Gossett. 1988. Characteristics of storm water runoff from the Los Angeles and Ventura
Basins. Technical Report Number 221. Southern Califomia Coastal Water Research Project. Long
Beach, CA. 58 p.
Schiff, K. and L.Tiefenthaler. 2001. Anthropogenic versus natural mass emissions from an urban watershed.
In: Southern California Coastal Water Research Project Annual Report, 1999-2000(S.B.Weisberg and
D. Elmore—Eds.). Southern California Coastal Water Research Project. Westminster, CA. p. 63-70.
Turbow D.T. and L.S. Jiang. 2004. Impacts of beach closure events on perception of swimming related health
risks in Orange County, California. Mar. Pollut. Bull.48:312-316.
Warrick, J.A. and J.D. Millikan. 2003. Hyperpycnal sediment discharge from semiarid southern California
rivers: Implications for coastal sediment budgets. Geology 31:781-784.
Warrick,J.A.,P.M.DIGIacomo,S.B.Weisberg,N.P. Nezlin, M.Mengel,B.H.Jones,J.C.Ohlmann,L.Washburn,
E.J. Terrill, and K.L. Farnsworth. 2007. River plume patterns and dynamics within the Southern
California Bight. Cont. Shelf Res. 27:2427-2448.
1.11
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COMPLIANCE DETERMINATIONS
Chapter 2
Chapter 2
COMPLIANCE DETERMINATIONS
INTRODUCTION
This chapter provides compliance results for the 2014-15 monitoring year for the Orange
County Sanitation District's (District) ocean monitoring program (OMP). The program
includes sample collection, analysis, and data interpretation to evaluate potential impacts of
wastewater discharge on the following receiving water characteristics:
• Bacterial
Physical
Chemical
• Biological
• Radioactivity
Each of these characteristics have specific criteria (Table 2-1) for which permit compliance
must be determined each monitoring year.
The Core OMP sampling locations include 28 offshore water quality stations, 68 benthic
stations to assess sediment chemistry and bottom-dwelling communities, 14 trawl stations to
evaluate fish and macroinvertebrate communities, and rig fishing zones for assessing human
health risk from the consumption of sport fishes (Figures 2-1 to 2-3, Table A-1). Monitoring
frequencies varied by component, and ranged from 2-5 days per week for surfzone water
quality to annual assessments of fish health and tissue analyses.
WATER QUALITY
Offshore bacteria
The majority (78-91%; n=2097) of fecal indicator bacteria (FIB) counts collected at the 8
REC-1 stations were below the method detection limit (MDL) of 10 MPN/100 mL (Tables
B-1 to B-3). The highest density observed for any single sample for total coliforms, fecal
coliforms, and enterococci was 5794, 234, and 52 MPN/100 ml-, respectively. Compliance
for all 3 FIB were achieved 100% for both state and federal criteria, indicating no impact of
bacteria to offshore receiving waters.
In addition to the required REC-1 stations, the District sampled an additional 7 stations along
the 10-m depth contour as part of a study to evaluate potential changes in bacteria counts due
2.1
Table 2-1. Listing of compliance criteria from NPDES ocean discharge permit(Order No.
R8-2012-0035, Permit#CA0110604) and compliance status for each criterion
in 2014-15.
Criteria Criteria Mel
Bacterial Characteristics
V.A.1.a.For the Ocean Plan Water-Contact Standards,total colifoim density shall not exceed a 30-day
Geometric Mean of 1,000 per 100 mL nor a single sample maximum of 10,000 per 100 mL.The total yes
colifonn density shall not exceed 1,000 per 100 mL when the single sample maximum fecal coliformhotal
coffin.ratio exceeds 0.1.
V.A.1.a.For the Ocean Plan Water-Contact Standards,fecal colifonn density shall not exceed a 30-day yes
Geometric Mean of 200 per 100 mL nor a single sample maximum of 400 per 100 mL.
V.A.1.a.For the Ocean Plan Water-Contact Standards,Entemooccus density shall not exceetl a 30-day yes
Geometric Mean of 35 per 100 mL nor a single sample maximum of 104 per 100 mL.
V.A.1.1b.For the USEPA Primary Recreation Criteria in Federal Waters,Entemoccus density shall not
exceed a 30 day Geometric Mean(per 100 ml-)of 35 nor a single sample maximum(per 100 ml-)of 104 yes
for designated bathing beach, 158 for moderate use,276 for light use,and 501 for infrequent use.
V.A.1.c.For the Ocean Plan Shellfish Harvesting Standards,the median total coli on density shall not N/A
exceed 70 per 100 ml-,and not more than 10 percent of the samples shall exceed 230 per 100 mL.
Physical Characteristics
V.A.2.a.Floating particulates and grease and oil shall not be visible. yes
V.A.2.b.The discharge of waste shall not cause aesthetically undesirable discoloration of the ocean yes
surface.
V.A.2.c.Natural light shall not be significantly reduced at any point outside the initial dilution zone as a yes
result of the discharge of waste.
V.A.2.d.The rate of deposition of inert solids and the characteristics of inert solids in ocean sediments shall yes
not be changed such that benthic communities are degraded.
Chemical Characteristics
V.A.3.a.The dissolved oxygen concentration shall not at any time be depressed more than 10 percent from yes
that which occurs naturally,as the result of the discharge of oxygen demanding waste materials.
V.A.3.b.The pH shall not be changed at any time more than 0.2 units from that which occurs naturally. yes
V.A.3.c.The dissolved sulfide concentration of waters in and near sediments shall not be significantly yes
increased above that present under natural conditions.
V.A.3.d.The concentration of substances,set forth in Chapter 11,Table B of the Ocean Plan,in marine yes
sediments shall not be increased W levels which would degrade indigenous biota.
V.A.3.e.The concentration of organic materials in marine sediments shall not be increased to levels which yes
would degrade marine life.
V.A.31 Nutrient materials shall not cause objectionable aquatic gmwdhs or degrade indigenous biota. yes
V.A.3.g.The concentrations of substances,set forth in Chapter 11,Table B of the Ocean Plan,shall not be yes
exceeded in the area within the waste field where initial dilution is completed.
Biological Characteristics
V.A.4.a.Marine communities,including vertebrate,invertebrate,and plant species,shall not be degraded, yes
V.A.4.b.The natural taste,odor,and color of fish,shellfish,or other marine resources used for human yes
consumption shall not be alteretl.
V.A.4.c.The concentration of organic materials in fish,shellfish,or other marine resources used for human yes
consumption shall not bioaccumulate to levels that are harmful to human health.
V.A.S. Discharge of radioactive waste shall not degrade marine life. yes
NIA=Not Applicable.
2.2
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to the cessation of disinfection of the final effluent (Figure 2-1). At these stations, 84-100%
of the samples (n=210)were below the MDL. The highest value measured was 201, <10,
and 10 MPN/100 mL for total coliforms, fecal coliforms, and enterococci, respectively.
Floating Particulates and Oil and Grease
There were no observations of oils and grease or floating particles of sewage origin at any
offshore or nearshore station in 2014-15 (Tables B-4 and B-5). Therefore, compliance was
achieved.
Ocean Discoloration and Transparency
The water clarity standards were met 97.4% of the time for both Zone A and B station groups
combined (Table 2-2). Compliance was slightly lower than the previous year's value of 100%
though it was within the range seen since 1985 (Figure 2-4). All transmissivity values (Table
B-6)were within natural ranges of variability to which marine organisms are exposed (OCSD
1996a). There were no impacts from the wastewater discharge relative to ocean discoloration
at any offshore station.
Dissolved Oxygen
In 2014-15, compliance was met 99.4% and 99.6% of the time for Zone A and B station
groups, respectively (Table 2-2). Overall compliance was met 99.5% of the time for all
stations combined. This represents an increase in compliance of 2.1% from the 2013-14
monitoring year (Figure 2-4), and is the highest dissolved oxygen compliance value seen
Table 2-2. Summary of offshore water quality compliance testing results for dissolved oxygen,
pH, and transmissivity for 2014-15.
Number of Number of Percent Number Percent
Parameter Observations Out-of-Range Out-of-Range Out-of- Out-of-
Occurrences Occurrences Compliance Compliance
Zone A Stations
Dissolved Oxygen 494 16 3.2 3 0.6
pH 494 18 3.6 0 0
%Transmissivity 494 196 39.7 0 0
Zone B Stations
Dissolved Oxygen 468 8 1.7 2 0.4
pH 468 4 0.9 2 0.4
%Transmissivity 468 103 22 25 5.3
Total(Zone A and Zone B Stations Combined)
Dissolved Oxygen 962 24 2.5 5 0.5
pH 962 22 2.3 2 0.2
%Transmissivity 962 299 31.1 25 2.6
2.6
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Figure 2-4. Summary of mean percent compliance for dissolved oxygen (DO), pH, and light
transmissivity(%T)for all compliance stations, 1985-2015.
2.7
since 1998 (86.1-99.5%). The DO values(Table B-6)were well within the range of long-term
monitoring results (OCSD 1996b, 2004b). No environmentally significant effects to DO from
the wastewater discharge were observed.
Acidity (pH)
Compliance was met 100%and 99.6%of the timeforZoneAand B station groups, respectively
(Table 2-2). Overall compliance was met 99.8% of the time for all stations combined, a slight
increase from the previous year's value, and within the range seen since 1985 (Figure 24).
There were no environmentally significant effects to pH from the wastewater discharge as the
measured values (Table B-6)were within the range to which marine organisms are naturally
exposed.
Nutrients (Ammonium)
During 2014-15, 90%(n=1,307)of the samples were below the MDL(<0.02mg/L). Detectable
ammonium concentrations ranged from 0.02 to 0.27 mg/L, with 95% (n=146) of the detected
values collected from samples taken below 15 m (Table B-6). Plume-related changes in
ammonium were not considered environmentally significant as maximum values were 15
times less than the chronic (4 mg/L) and more than 20 times less than the acute (6 mg/L)
toxicity standards of the California Ocean Plan (OCSD 2004a). In addition, there were no
detectable plankton associated impacts (i.e., excessive plankton blooms caused by the
discharge).
Organics in the Water Column
Only 8 constituents from Table B of the Ocean Plan have effluent limitations established in
the District's NPDES permit. During the period from July 2014 through June 2015, none of
these constituents exceeded the effluent limitations established in the permit.
Radioactivity
The District measures the effluent for radioactivity, but not the receiving waters. The results
of the effluent analyses during 2014-15 indicated that both state and federal standards were
consistently met and are published in the District's Discharge Monitoring Reports (DMR). As
fish and invertebrate communities are diverse and healthy, compliance is considered to be
met.
Overall, results from the District's 2014-15 water quality monitoring program detected minor
changes in measured water quality parameters related to the discharge of wastewater to
the coastal ocean. This is consistent with previously reported results (e.g., OCSD 2015).
Plume-related changes in temperature, salinity, DO, pH, and transmissivity were measurable
beyond the initial mixing zone during some surveys. This usually extended only into the
nearfield stations, typically <2 km away from the outfall, similar to what has been seen in the
past. None of these changes were determined to be environmentally significant since they
fell within natural ranges to which marine organisms are exposed (OCSD 1996a, 2004b;
Wilber and Clarke 2001, Chavez at al. 2002, Jarvis at al. 2004,Allen at al. 2005, Hsieh at al.
2005). Overall, the public health risks and measured environmental effects to the receiving
water continue to be small. All values were within the ranges of natural variability for the study
2.8
area, and reflected seasonal and yearly changes of large-scale regional influences. The
limited observable plume effects occurred primarily at depth, even during the winter when
stratification was weakest. In summary, staff concluded that the discharge, in 2014-15, did
not greatly affect the receiving water environment, and that beneficial uses were protected
and maintained.
SEDIMENT GEOCHEMISTRY
Means of sediment geochemistry parameter values in 2014-15 were comparable between
within-ZID and non-ZID station groups and were similarto or well below regional values(Tables
2-3to2-6). Sediment geochemistry values were also below levels of biological concern(Effects
Range-Median (ERM)values), except for silver(>3.7 mg/kg) at non-ZID Station C in Summer
2014. This exceedance was considered to be due to natural variability, as the concentration
of silver at Station C was below the ERM in the previous monitoring years (OCSD 2014, 2015)
and in Winter 2015. These results, coupled with the absence of sediment toxicity in amphipod
survival tests (Table 2-7) and the presence of healthy fish and invertebrate communities both
near and away from the outfall (see below), suggest good sediment quality in the monitoring
area. Therefore, we conclude that compliance was met.
BIOLOGICAL COMMUNITIES
Infaunal Communities
A total of 658 invertebrate taxa comprising 31,188 individuals were collected in the 2014-15
monitoring year. As with previous years (OCSD 2013, 2014), there were marked declines
in mean species numbers (richness) and abundances of infauna at stations deeper than
120 m (Table 2-8). Mean community measure values were comparable between within-
and non-ZID stations, and all station values were within regional and District historical
ranges in both surveys (Tables 2-8 and 2-9). The infaunal communities in both surveys
can be classified as reference condition based on their low (<25) mean Benthic Response
Index (BRI) values and/or high (>60) mean Infaunal Trophic Index (ITI) values. Results of
the multivariate analyses, particularly the similarity profile (SIMPROF) test, of the infaunal
species and abundances showed that the infaunal community composition at non-ZID and
within-ZID stations were similar in each survey (Figure 2-5). In terms of indicator species,
just 1 specimen of the pollution-tolerant polychaete species Capitella capitata Cmplx was
collected at within-ZID Station 0 and at 5 non-ZID stations in the summer survey, but none
was present in the winter samples. In addition, the abundances of the pollution-sensitive
amphipod genera Ampelisca and Rhepoxynius remained high at within-ZID stations, with
a survey mean of 43 individuals. These multiple lines of evidence suggest that the outfall
discharge had an overall negligible effect on the benthic community structure within the
monitoring area. We conclude, therefore, that the biota outside the ZID was not degraded by
the outfall discharge, and as such, compliance was met.
Epibenthic Macroinventebrate Communities
A total of 49 epibenthic macroinvertebrate (EMI) species, comprising 12,945 individuals and
a total weight of 46.9 kg, were collected from the monitoring area during trawls conducted in
2.9
Table 2-3. Physical properties and organic contaminant concentrations of sediment
samples collected at each semi-annual and annual station (*) in Summer
2014 compared to Effects Range-Median (ERM)values and regional
measurements.
Depth Total LAB Median Fines TOC Sulfides Total P Total N Total PAH Total DDT Total Past Total
Station (m) (Vglkg) Phi N (%) (mNk9) (nnek9) (m9lkg) (Vglkg) (Vglkg) (Vg*g) PCB
(pglk9)
Middle shelf Zone 1(31-50 m)
7 41 37.4 381 33.9 0.38 261 1300 350 388.5 10.80 ND 0.21
8' 44 25.0 3.88 40.0 0.41 6.41 1100 390 Tr.5 3.34 ND 0]1
21' 44 33.9 3.79 34.7 0.37 6.47 1200 370 SOS 2.34 ND 1.78
22' 45 23.8 395 45.8 0.38 4.67 1100 330 61.0 3.38 ND 1.98
30' 46 27.8 366 28.0 0.33 2.30 1100 280 59.4 1.63 ND 0.24
36' 45 11.0 391 43.9 0.35 5.10 1100 250 49.3 1.60 ND ND
55' 40 26.1 2.88 7.0 0.20 Im 720 200 29.5 1.32 ND ND
59' 40 141 3.34 181 0.33 295 940 350 40.5 105 NO ND
Mean 24.9 3.65 31.4 0.34 4.23 1070 315 95.8 3.18 ND 0.62
Middle shelf one 2,NonZID(51-90 m)
1 56 433 3.65 249 0.34 393 1200 340 798 229 NO 5,13
3 60 525 3.52 17.5 0.30 3.00 950 230 547 8.69 ND 6,28
5 59 308 3.78 32.7 0.37 402 360 340 88.0 1.96 ND 34
9 59 216 3.37 14.5 0.28 469 880 260 656 1.87 ND 0,35
10' 62 317 4.22 604 0.37 665 1100 340 619 2.02 ND 046
12 58 US 3.31 165 0.33 4,17 810 310 52.3 1.28 ND ND
13' 59 mb 3.79 347 0.37 2,17 1200 340 58.3 1.79 ND 0,66
37' 56 342 2.% 196 0.35 1130 690 260 518 1.75 ND ND
68 52 450 3.74 304 0.36 286 980 260 59.5 1.56 878 1,88
69 52 317 365 248 0.38 510 960 260 49.5 1.54 ND 0,67
10 52 60.1 3.55 209 0.35 566 710 470 60.1 3.3) ND 0,37
11 52 362 342 160 0.31 4,32 760 no 319 1.27 ND 0,52
12 55 347 368 27,5 0.36 6,33 790 330 89.3 2.28 ND 2,58
13 55 838 344 15.9 0.41 %04 970 230 207] 1.75 ND 6,81
14 51 549 345 18.1 0.m 4,18 870 300 650 1.25 ND 0,91
15 60 482 3.42 156 0.32 975 930 260 62.3 1.04 ND ND
11 60 157 3.41 117 0.31 300 1100 290 189 1.22 ND ND
18 63 438 3.42 15.3 0.31 3,16 910 280 700 1.27 ND 041
19 65 392 3.58 20.8 0.34 340 1100 280 594 1.61 ND 1,55
80 65 347 3.70 31.3 0.36 5,70 1100 300 46.3 1.25 ND 676
81 65 348 3.47 17.8 0.28 490 two 270 396 1.04 ND 0,18
82 65 387 3.37 14.6 0.27 7.59 850 290 420 1.12 ND ND
84 54 14.1 346 11.1 0.35 393 two 310 714 1.16 ND 1,27
85 51 852 341 140 0.39 6.27 1100 280 2109 5.36 ND 8,26
86 51 915 346 156 0.39 7.55 1100 270 240.9 1.72 ND 374
81 60 645 346 183 0.35 3.90 990 330 60.5 1.40 ND 2,06
C 56 1800 343 213 0.35 4.17 1400 84 591 1.96 ND ND
C2' 56 2700 4.54 76.1 1.21 883 1100 740 3674 1983 ND 777
CON 59 734 3.58 247 0.33 824 1200 350 436 291 ND 0.36
Mean 45.9 3.56 24.0 0.37 5.37 969 311 85A 2.87 0.03 2.15
Middle shelf Zone 2,WiNin-ZID(51-90 m)
0 56 143.4 3.36 10.8 0.50 4.34 1200 520 758.3 1.% ND 10.4
4 56 38.1 3.41 16.4 0.32 3.66 870 370 185.3 0.87 ND ND
16 58 35.7 3.47 21.0 0.32 3.93 %0 250 49.1 1.03 1.1 0.72
ZB 56 498 3.45 15.9 0.31 6.74 1100 330 59.0 1.06 ND 1.36
Mean 66.8 3.42 16.0 0.36 4.67 1028 368 262.9 1.23 0.28 3.12
Table 2-3 continues.
2.10
Table 2.3 continued.
Depth Total US Median Flues TOO Sulfides Total P Total N Total PAN Total DDT Total Past Total
Station PCB
Total
(p91k9) Phi (%) (%I (mglkg) (mg0'.g) (milling) (gg01g) (p6@g) (pglk9) 90c90
Middle shelf Zone 3(91-120 m)
17- 91 26.5 3.95 45.7 0.36 7.23 1200 520 42.2 2.19 NO 0.20
18- 91 13.0 3.77 31.4 0.41 5.88 1000 310 42.7 1.84 NO 0.20
20- 100 37.5 4.04 51.6 0.47 6.52 1100 430 86.1 3.80 NO 2.05
23- 100 25.8 3.43 19.5 0.34 7.14 910 350 24.7 1.45 NO NO
29- 100 85.8 4.29 64D 0.54 2.59 1200 560 92.2 2.92 NO 1.81
33- 100 48.1 3.64 33.6 0.47 13.00 850 300 54.0 2.21 NO 208
1 100 14.5 2.65 31.4 0.45 12.60 820 230 60.1 2.98 NO 0.21
1 100 38.2 4.09 53.3 0.61 7,40 1100 540 u's 6.48 NO 1]6
1 100 91.3 3.92 43.2 0.49 6.11 1000 540 70.5 5.88 NO 3.80
83- 100 35.3 3.77 28.2 043 5,68 920 370 70.6 1,96 NO 0.23
Mee. 39.6 3.76 403 0.06 7A2 1010 415 631 3.17 ND 1.25
Outer shelf(121-200 m)
24- 200 39.9 4.67 83.1 0.95 9.97 1100 640 103.8 10.42 NO 3.03
25- 200 51.5 4.77 81.5 1.24 15.60 1100 No 114.5 10.75 NO 5.60
27' 200 19.1 4.28 60.4 0.70 6.82 1200 650 69.4 5.43 NO 0.21
1 200 42.8 3.78 36.8 0.56 6.50 950 490 50.0 3.06 NO 2.66
1 200 223.6 5.42 90.2 1.96 10.40 980 1200 269.4 13.90 NO 10.15
61- 200 210.5 4.80 83.6 1.31 18.70 1100 780 216.3 11.10 NO 9.26
1 200 75.6 5.14 81.1 1.13 11.70 1100 810 119.2 10.99 NO 3.39
1 200 25.3 4.28 58.8 0.79 13.00 1100 530 128.0 3.88 NO 0.64
Cb' 187 50.3 5.53 87] 1.93 23.90 1000 780 255.6 4.37 NO 2.14
Mean 82.0 4.74 73.7 1.15 12.95 1070 758 147A 822 NO 4.12
Upper elope/Canyon(201-00 m)
1 303 49.9 4]6 82.3 1.48 12.00 1000 1000 98.6 10.43 NO 278
41- 303 96.8 4.89 81.6 1.59 8.81 990 1100 180.1 14.09 ND 5.51
1 303 96.6 5.40 92.0 1.96 13.80 920 1300 180.4 15.59 ND 5.71
1 241 390.5 5.85 92.6 2.38 36.60 1000 1700 295.0 10.65 ND 10.33
1 300 91.4 5.73 96.4 2.40 14.80 1000 770 219.2 23.78 ND 8.22
1 300 167.3 5.51 0.5 2.38 25.40 920 1700 2T4.7 2A.56 ND 10.19
fib' 300 18.00 6.33 92.5 0.85 22.80 1000 1000 87.9 2.11 NO ND
C5' 296 131.2 6.13 97.1 2.41 33.40 850 1700 252.9 9.38 NO 4.21
Mean 130.2 5.58 91.1 1.23 20.95 960 1284 198.6 13.70 NO 5.87
Sediment quality guidelines and regional summer values
ERM N/A NIA NIA NIA NIA NIA WA a4,792 46.10 N/A 180
8 AWM Middle NIA N/A 46.6 1 N/A N/A N/A 179 16 WA 13
Middle AW
SIgN'08AWM NIA N/A (0 1.5 NIA NIA N/A 231 56 WA 19
Outer shelf'
8AWM
Upper slope NIA N/A 81.3 2.6 NIA NIA N/A 230 238 WA 36
Upper
Abbreviations:ZID=Zone of Initial Dilution,AM=Ares WegNed Mean,ND=Not Detected,NIA=Not Applicable.
'Long at al.(1995).
'SchlR at al.(2011).
2.11
Table 2-4. Metal concentrations(mglkg) in sediment samples collected at each semi-
annual and annual (*) station in Summer 2014 compared to Effects Range.
Median (ERM)values and regional measurements.
station Depth(in) 8h As Be Be CE Cr Cu Ph H9 Ni S. Ag Zn
Middle shelf Zone 1(313(l m)
) 41 ND 3,31 42] 021 0.24 21,80 10.50 4X 0,02 9] 052 0,17 379
8' 44 ND 3.07 44.2 0.23 0.27 26.10 9.66 4A0 0.02 9.4 0.41 0.13 38.7
21• 44 NO 3.75 WA 0.25 0.19 20.30 9.01 5.32 0.01 9.3 0.39 0.14 37.6
22• 45 ND 3.34 43.0 0.25 0.27 24.50 11.00 4.56 0.02 10.9 0.59 0.15 43.6
30' 46 0.1 2.62 Wd 0.21 0.20 21.20 8.62 3.86 0.02 8.6 0.54 0.13 3 h
36' 45 0.1 2.99 41.5 0.22 0.24 18.50 8.09 3.91 082 9.1 0.34 0.08 37.1
55• 40 0.1 1.85 26.7 0.14 0.12 14.30 4.81 249 0.01 6.4 1.50 0.04 25
59' 40 NO 235 333 021 9.16 1690 655 420 002 74 634 0.10 299
leen 0.1 2.01 37.9 0.22 0.21 "A4 8.53 4.1 0.02 8.8 0.60 0.12 36.52
Middle shelf Zone 2.Non-21D(51.90 m)
1 56 NO 2,68 36.8 0.27 0.32 21.40 37.00 5.91 0.02 9.1 0.35 0.28 42.9
3 60 NO 2.60 33.5 0.27 0.27 20.90 9.T 4.23 0.01 8.4 0.33 0.17 41.3
5 59 0.1 2.47 39.4 0.25 0.29 22.00 11.00 3.36 0.02 9.8 0.47 0.20 42.8
9 59 ND 245 31.5 026 0.19 19,70 8.50 4.06 0,01 8.7 035 0,12 388
to- 62 NO 2.83 46A 0.29 0.29 23.20 11.60 5.44 0.02 11.0 0.35 0.21 44.8
12 58 ND 2.79 31.2 0.25 0.19 18.30 7.24 4.11 0.01 8.5 0.38 0.10 35.9
13' 59 NO 2.69 41.2 0.24 0.24 23.00 10.10 4.57 0.02 96 0.45 0.16 40
37• 56 NO 2.49 36.8 0.26 0.21 17.50 8.01 4.06 O.U1 9.8 0.33 0.08 40.1
60 52 NO 2.38 35.7 0.23 0.32 21.90 11.00 3.83 0.02 9.9 0.52 0.20 41.7
69 52 0.1 3.02 Ud 0.25 0.33 21.50 1090 5A4 0.03 9] 0A3 0.19 40.9
70 52 ND 2,92 33.9 022 0.31 2180 8% 4.11 0,02 9.5 044 0,15 405
71 52 NO 2.38 29.1 0.23 0.33 20.00 8.79 3.61 0.02 8.5 0.41 0.14 39
72 55 ND 2.57 37.6 0.24 0.30 23.40 11.80 4.9 0.02 10.1 0.38 0.22 42.2
23 55 NO 2.72 32.0 0.24 0.46 23.00 15. 0 4.13 0.03 8.9 0.44 0.22 4 J
74 57 NO 2.88 32.6 0.27 0.28 20.60 8.52 T83 0.01 8.7 0.37 0.11 39.4
75 60 NO 3.14 34.7 0.23 0.30 20.70 9A0 3.06 0.02 9.7 0.53 0.12 42.4
]) 60 NO 2.57 28.4 0.25 0.20 20.00 8.20 2.93 0.01 8.6 0.39 0.11 37.8
78 63 NO 2.41 29.6 0.23 0.19 20.70 8.19 3.43 0.02 8.6 0.44 0.11 38.2
79 65 NO 2.42 34.2 0.22 0.24 36.10 10.70 3.42 0.02 9.7 0.43 0.17 42.6
80 65 ND 2.96 38.0 0.33 0.17 22.30 10.00 4A8 0.02 10.7 0.36 0.11 45.2
81 65 NO 2.21 29.6 0.24 0.18 19.80 8.18 2.79 0.01 8.6 0.32 0.10 37.7
82 65 ND 2.46 28.0 0.26 O. 7 M.70 1.99 289 0.01 8] 0.41 0.10 38.4
84 54 NO 3.32 32.9 0.26 0." 20.10 12.30 12.3 0.02 9.0 0.34 0.19 41
85 57 NO 2.23 29.9 0.23 0.50 22.20 15.90 3.34 0.06 8.9 0.38 0.19 44.6
86 57 0.1 2.49 32.3 0.28 0.44 21.30 11.60 5.69 0.04 8.9 0.39 0.22 43.6
87 60 0.2 6.57 202.0 95.20 1.04 95.00 45.50 11 0.06 26.8 1.67 0.86 93.9
C 56 5.1 9.27 22.9 8.36 838 10.40 9.36 4.85 0.01 7.9 8.88 4.10 20
C2' 56 0.2 5.33 105.0 0.51 0.44 32.10 19.40 10.5 0.03 18.5 0.76 0.17 877
CON 59 0.1 2,99 43.9 0.24 0.18 22.40 9.28 4Z1 0.02 10.3 041 0.11 39.6
Mean 0.9 3.11 42A 3.81 0.61 24.23 12.0 5.21 0.02 10.2 0.75 0.32 43.91
Middle shelf Zone 2,Within-ZID(51-90 on
0 56 0.1 346 31.9 024 0.57 23,80 12.20 4.92 0,07 9.9 040 0,18 462
4 56 NO 2.74 Nd 0.21 0.20 20.10 7.88 2.81 0.01 8.0 0.34 0.10 36.3
26 58 NO 2.11 33.4 0.29 0.23 19.40 10.20 378 0.02 9.5 035 0.13 419
ZB 56 NO 2.54 33.5 0.24 0.39 20.70 9.47 2.68 0.01 10.0 0.50 0.14 43.2
Mean 0.1 2.88 32.1 0.24 0.35 21.00 9.94 3.0 0.03 9.3 0.411 0.14 41.9
Table 2-4 continues.
2.12
Table 2-4 continued.
Station Depth(m) Sb A. Be Be Call Cr Cu Pb Ng Ni Se Ag Zn
Middle ah.NZone 3(01.120 m)
11' 91 ND 2.30 36.6 0.29 D. 22.00 11.30 3.45 0.01 12.5 0.51 0.10 t6.5
18' 91 ND 2.65 40.3 0.27 0.18 22.90 9.39 4.34 0.01 10.8 0.50 0.10 45
20 100 0.1 3.22 52.5 0.30 DW 25.90 12.80 5.74 0.02 12.5 D" 0.19 49.5
23' 100 ND 2.89 32.2 0.27 0.20 18.10 6.15 4.13 0.01 8.8 0.37 0.08 322
29' 100 0.1 2.39 64.2 0.29 0.34 21.50 15.20 4.94 0.02 1&0 0.64 0.25 50
33' 100 ND 3.00 47.6 0.27 DU 23.40 10.30 3.77 0.01 12.5 0.65 0.12 471
38' 100 ND 256 346 0,20 0.28 1830 7,82 3.20 001 9.0 0.51 008 322
1. 100 0.1 2.63 66.4 0.31 0.32 28.70 14.90 4.94 0.02 13.5 0.60 0.21 52.9
60' 100 0.1 3.28 62.0 0.32 0.33 26.00 13.30 6.21 0.02 12.1 0.50 0.22 48
83' 100 ND 254 46A 0,29 0.22 2420 10,30 4.62 001 11.1 0,51 0.15 454
Mean 0.1 2.75 40.0 038 DV 23.70 11.21 4.53 0.01 11.6 DU 0.15 45.44
Older shelf(121.200 m)
24' 200 0.1 3.10 826 0.36 0." 33.90 17,90 5.34 0.02 1TO 0.83 0.21 62.2
25' 200 0.2 3.68 101.0 0.42 0.56 35.70 19.80 7.98 0.03 17.8 0.80 0.27 64.2
27' 200 0.1 2.91 65.5 0.35 0.39 29.20 13.50 6.91 0.02 15A 0.57 0.13 53.2
39' 200 0.1 3.49 50.1 0.33 0.31 26.50 11.50 4.9 0.02 13.7 0.52 0.10 50
57' 200 0.2 6.03 171.0 0.50 0.94 83.10 40.00 11.1 0.04 24.0 1.16 0.82 89
61' 200 0.2 4.94 137.0 0.43 0.85 69.80 31.60 9 0.04 20.6 1.09 0.67 79.5
63' 200 0.2 3.60 195C 0.36 DS,t 59.20 21.80 6.37 0.03 17A 0.83 0.34 64.7
65' 200 Di 469 706 042 0.53 29,10 15,60 6.56 002 16.2 0,68 0,18 58.1
C4' 187 0.2 6.08 103.0 0.52 0]1 38.90 22.50 9.48 0.03 22.1 0.90 0.23 83.7
Mean 03 4.28 108.4 0,41 0.59 45.04 21.58 7.52 0.03 18.2 0.82 0.33 67.18
Upper slope/Canyon(201d00 m)
40' 303 0.1 3.62 952 0.43 0.52 34.90 18.40 7.61 0.02 ITS 0.86 0.19 643
41' 303 D.2 3,49 9L0 042 049 56,10 20,50 6.15 002 19] 1.28 022 624
42' 303 0.2 4.78 46.4 0.45 0.63 69.50 26.20 9.88 0.03 21.6 1.27 0.33 78
44' 241 0.1 1.89 320 0.25 0.23 20.60 9.65 3.59 0.01 9.1 0.47 0.14 41.2
58' 300 0.2 5.41 188.0 0.56 0.72 86.80 33.30 9.83 0.03 26.5 1.60 0.43 915
62' 300 0.2 6.91 164.0 0.53 D86 71.30 35,90 10.8 0.03 26A 1.70 0.55 92.6
64' 300 0.1 7.93 88.5 0.81 0.45 43.00 32.60 9.68 0.03 31.9 0.86 0.16 88.6
C5' 296 0.2 7.57 13]D 0.64 0.99 ]]]D 33,90 16.8 D04 27.5 1.28 CAS 100
Wait 02 6.4 100.0 0.61 0.61 57.36 26.31 0.28 0.03 22.6 1.16 0.31 ".95
Sediment quality guidelines and regional summer values
ERM' NIA 10 NIA NIA 9.60 370 270 21B 070 51.6 NIA 3.70 410
Blghf08 AM Middle shelf' NIA 6.1 WA 0.30 0.32 31 10.7 7.8 0.05 12 0.72 0.24 46
BighfO8 AM Outer she8 s NIA 6.1 WA 0.19 0.47 36 12.3 9.1 0.05 17 0.54 0.25 52
BIghfG8 AM Upper slope' NIA 8.8 WA 0.29 140 68 22.8 15 0.09 29 1.60 1.60 79
Bolded station value indicates ERM eneedance.
Abbreviations:DID=Zane of Initial Duman,AWM=Area Weighted Mean,ND=Not Deteued,WA=Not Applicable.
'Long el al(1995).
'SchiR at at(2011).
2.13
Table 2-5. Physical properties and organic contaminant concentrations of sediment
samples collected at each semi-annual station in Winter 2015 compared to
Effects Range-Median (ERM)values and regional measurements.
Depth Total LAB Median Fines TOG Sulfides Total P Total N Total PAH Total DDT Total Pest Total
Station pa) (V91k9) PM 19) I ) (mglkg) (mglkg) (mglkg) (Vglk9) (Vglkg) (Vglk9) CB
(Rglk9)
Middle shelf Zone 2,Nond[D(51.90 m)
1 56 NA 3.61 23.9 0.35 5.15 low 330 65.2 2.31 ND 4.03
3 60 NA 3.43 16.3 0.36 2.12 950 280 48.4 1.18 ND 0.39
5 59 NA 3.72 29.7 0.36 1.41 970 290 44.8 2.08 ND 1.71
9 59 NA 3.34 15.4 0.34 4.74 820 260 42.3 1.36 ND 0.19
12 50 NA 3.26 14.0 0.30 2.71 760 220 32.4 1.80 ND 0.21
68 52 NA 3.76 32.7 0.40 8.04 low 400 118.4 1.79 ND 3.22
69 52 NA 3.54 22.3 0.36 3.60 950 300 41.1 2.04 ND 14.27
70 52 NA 3.61 24.1 0.41 13.70 940 280 34.1 1.84 ND 3.78
71 52 NA 3.39 14.3 0.32 7.73 970 250 30.1 1.06 ND 14.64
72 55 NA 3.57 22.5 0.35 1.19 low 330 84.4 1.50 ND 0.82
73 55 NA 3.40 13.1 0.44 3.27 13M 340 527.9 3.48 ND 19.89
74 57 NA 3.41 16.4 0.34 3.26 870 310 98.0 1.34 ND 0.90
75 60 NA 3.42 15.2 0.37 13.50 860 330 20.8 1.24 ND 0.64
TT 60 NA 3.38 14.7 0.28 6.34 930 310 16.8 1.20 ND 0.38
78 63 NA 3.38 13.7 0.28 10.70 860 240 96.8 1.07 ND ND
79 65 NA 3.62 22.1 0.33 2.39 930 350 35.6 2.01 ND 1.04
80 65 NA 3.71 31.1 0.31 1.33 980 250 19.1 1.93 ND 0.88
81 65 NA 3.48 18.4 0.29 2.81 930 300 23.9 1.81 ND 0.61
82 65 NA 3.42 16.8 0.30 3.20 870 260 14.5 1.13 ND ND
84 54 NA 3.47 16.8 0.36 8.80 low 350 61.1 1.57 36.26 3.20
85 57 NA 3.36 11.0 0.43 9.12 low 290 152.4 2.12 ND 7.64
06 57 NA 3." 14.3 0.38 8.86 920 370 78.4 1.84 ND 2.85
81 60 NA 3.43 16.6 0.30 3.78 930 310 78.6 1.09 ND 1.13
C 56 NA 3A5 20.9 0.34 ND 980 420 456 132 NO ND
CON 59 NA 358 232 0,32 7.69 940 300 513 2,11 ND ND
Mean NIA 3.0 19.2 0.34 5.64 946 307 74.5 1.0 1.45 3.3
Middle shelf Zone 2,WlthInZID(51-90 ell
0 56 NA 3.27 9.1 0.45 6.01 1900 280 69.5 2.83 ND 29.36
4 56 NA 339 15u 0,37 3A7 900 260 59A 121 NO ND
16 58 NA 3.43 182 0.40 12.40 940 250 60.1 1.39 ND 1.54
ZB 56 NA 3.45 18.3 0.38 8.01 930 390 49.5 1.08 ND 1.58
Mean NIA 3.38 15.2 0,10 7.47 ills 295 59.6 1.0 ND 8.12
Sediment quality guidelines and regional summer values
ERM NIA NIA NIA NIA NIA NIA NIA 44,792 46A0 NIA 180
Blght'08AWM NIA WA 46.8 1 WA WA NIA 179 16 NIA 13
Middleshelf'
Abbreviations:ZID=Zone of Initial Dilution.AM=Area WelgFBed Mean.ND=Not Deluded.NA=Not Analyzed.N/A=NMAppllcable.
'Long at al.(1995).
'Schiff of al.(2011),
2.14
Table 2-6. Metal concentrations(mg/kg)in sediment samples collected at each semi-
annual station in Winter 2015 compared to Effects Range-Median (ERM)
values and regional measurements.
Station Deplh(m) Sb As Be Be Cd Cr Cu Pb Hg Ni Se A9 Zn
Middle shelf Zone 2,NonZID(51-90 m)
1 56 0.1 2.25 37.3 0.27 0.37 23,20 1190 5.76 0.02 10.7 0.38 0.2E 43.4
3 60 0.1 2.33 36.7 0.28 0.26 43.80 10.10 5.45 0.06 15.4 0.37 0.16 43
5 59 NO 2.81 39.6 0.26 0.28 24.00 1100 5.0 D.04 10.7 0.38 0A8 44.7
9 59 NO 2.70 26.7 0.23 0.21 35.90 7.75 4.65 0.01 18.2 0.29 0.09 36
12 58 NO 2.27 30.0 0.23 0.20 30.50 7.52 4. 3 0.01 15.5 0.31 0.10 36.5
68 52 NO 2.97 42.8 0.26 0.30 29.60 1180 5.98 0.05 14.3 0.39 0.20 44.7
69 52 0.1 3.36 33.9 0.25 0.29 37.20 9.77 5.46 0.02 20.1 0.32 0.15 42.3
70 52 0.1 3.11 39.8 0.27 0.31 2)]0 9.24 5.39 0.02 13.4 OAO 0.14 41.1
71 52 0.1 3.00 34.2 0.28 0.33 34.90 8.34 4.21 0.03 18.3 0.38 0.11 38.7
12 55 0.1 2.86 37.0 0.27 0.29 41.20 1100 5.28 0.02 23.2 0.42 0.19 40.2
73 55 0.1 3.11 34.1 0.25 0.57 33.00 15.70 5.74 0.02 15.3 0.31 0.22 47.4
14 57 NO 2.70 33.5 0.23 0.34 22.80 9.71 4.75 0.02 9.6 0.M 0.15 42.9
15 60 0.1 2.79 W.0 0.29 0.36 25.40 8.70 4.31 0.01 13.2 0.38 0.11 42.4
]] 60 0.1 2.43 33.9 0.31 0.28 20.80 9.17 4.80 0.01 9.5 0.36 0.13 41.8
78 63 NO 2.14 31.3 0.26 0.23 35.30 8.53 4.25 0.01 17.9 0.35 0.1E 38.3
79 65 NO 2.45 36.8 0.28 0.22 42.70 10.10 4.78 0.06 23.7 0.35 0.13 44.2
80 65 NO 2.52 39.2 0.31 0.21 22.00 10.30 5.52 0.01 11.2 0.33 0.11 45.4
81 65 0.1 2.26 38.1 0.28 0.21 21.30 8.97 4.54 0.01 9.0 0.35 0.13 42.3
82 65 NO 2.44 31.8 0.30 0.17 29.70 7.63 3.92 0.01 16.9 0.40 0.08 39.3
84 54 0.1 2.66 35.0 0.27 0.46 39.10 13.10 5.41 0.03 20.1 0.41 0.22 45.4
85 57 NO 2.44 33.1 0.26 0.43 24.50 11.70 5.04 0.02 10.4 0.39 0.21 48.3
86 57 NO 2.83 33.9 0.25 0.41 48.00 12.20 5.26 0.02 24.7 0.36 0.20 44.6
87 60 NO 2.65 29.2 0.27 0.24 30.30 9.42 4.78 0.02 14.9 0.34 0.12 44.3
C 56 0.1 2.58 43.5 0.25 0.21 50.40 9.38 5.46 0.02 20.5 0.36 0.11 41.7
CON 59 0.1 2.67 43.5 0.28 0.20 37,00 8.73 5.43 0.01 21.0 0.43 0A0 39.6
Mean 0.1 2.0 35.6 0.27 0.30 112,41 10.W 5.05 0.02 15.9 0.30 0.15 42.0
Middle shelf Zone 2,WIthlnZID(51-90 m)
0 56 0.1 3.37 35.9 022 0.70 27.20 17,00 106 0.03 11.8 0.38 0.22 489
4 56 0.2 2.46 32.5 0.26 0.24 33.60 8.64 4.59 0.06 16.2 0.37 0.11 39.7
96 58 NO 2.21 34.9 0.29 0.29 90.40 11.10 4.60 0.02 35.0 0.36 0.16 44.8
ZB 56 NO 259 34.9 026 034 34.]0 995 452 005 174 034 0.14 435
Mean 0.1 2.06 34.6 0.27 0.39 48A8 11.67 6.08 0.04 20.1 Cell 0.16 44.22
Sediment quality guidelines and regional summer values
ERM NIA 10 NIA NIA 960 370 270 218 0,70 51.6 NIA 3.7 410
Bght(At AWM Middle shelf' NIA 6A NIA 0.30 032 31 10.7 7.8 0,05 12 0.92 0.24 46
Atabreviations2ID=Zone of Initial Common,AWM=Area Weighted Mean,NO=Not Defaced,WA=Not Applicable.
Long st al.(1995).
•Schiff at at,(2011).
2.15
Table 2-7. Whole-sediment Eohaustorius estuarius(amphipod)toxicity test results for 2014-15.
Station %Survival %of home p-value Assessment
home* 100 N/A N/A N/A
0 94 94 0.28 Nontoxic
1 96 96 0.11 Nontoxic
4 96 96 0.28 Nontoxic
72 99 99 0.75 Nontoxic
73 98 98 0.52 Nontoxic
76 97 97 0.28 Nontoxic
77 100 100 0.91 Nontoxic
CON 95 95 0.75 Nontoxic
ZB 98 98 0.52 Nontoxic
ZB Dup 97 97 0.28 Nontoxic
home sediment represents the control.
N/A=Not Applicable.
the 2014-15 period (Tables B-7 and B-8). The mean species richness, species diversity (H'),
and Simpson's Diversity Index (SDI) for EMIs at non-outfall stations were lower than from
other stations in both surveys (Table 2-10). Large numbers(>1,000)of Lytechinus pictus(sea
urchin), Ophiura luetkenii(brittlestar), and Sicyonia penicillata (shrimp)at non-outfall Stations
T23, T17, and T11 contributed to the low species richness, H', and SDI values (Tables B-7
and B-8). These 3 species accounted for 89% of the total abundance and 55% of the total
biomass. Nevertheless, community measure values at each non-outfall station, including
those at all other stations, were within District historical ranges (Table 2-10). Multivariate
analyses (non-metric multidimensional scaling (nMDS) and cluster analyses) of the EMI
species and abundance data revealed that the EMI community composition was similar
between outfall and non-outfall stations in both surveys (Figure 2-6). This suggests that
the outfall discharge had an overall negligible effect on the EMI community structure within
the monitoring area. Based on these overall results, we conclude that the EMI communities
within the monitoring area were not degraded by the outfall discharge, and consequently,
compliance was met.
Fish Communities
A total of 34 fish taxa, comprising 7,162 individuals and a total weight of 232.1 kg, were
collected from the monitoring area during the 2014-15 trawling effort (Tables B-9 and B-10).
The mean species richness, abundance, biomass, H', and SDI values of demersal fishes
were comparable between outfall and non-outfall stations in both surveys, with values falling
within historical ranges (Table 2-11). More importantly, the fish communities at outfall and
non-outfall stations were classified as reference condition based on their low (<45) mean
fish response index (FRI) values in both surveys. Multivariate analyses (nMDS and cluster
analyses) of the demersal fish species and abundance data further demonstrated that the
2.16
Table 2-8. Summary of infaunal community measures for each semi-annual&annual
(e)station sampled during the Summer 2014 benthic survey, including
regional and District historical values.
Station Deptb(m) Total No. Total N' SDI IT! BRI
of Species Abundance
Middle ahalf Zone 1(31.50 m)
7' 41 99 391 4.11 34 89 17
8' 44 121 455 4.14 41 79 15
21- 44 129 473 4.26 45 85 12
22 45 78 193 3.92 32 86 11
30' 46 95 200 3.96 35 01 14
se. 45 97 359 3.37 26 79 19
55, 40 140 820 4.25 40 81 15
59' 40 117 481 4.17 40 89 12
Mean 110 433 4.02 37 M
Middle shelf Zone 2,Non-ZID 151-90 no
1 56 93 545 3.25 17 71 18
3 60 103 533 3.54 25 74 22
5 59 82 459 3.37 21 75 15
9 59 75 376 3.43 23 75 19
to- 62 72 399 2.93 14 72 17
12 58 116 497 4.00 37 78 16
13' 59 83 277 3.62 30 78 10
37' 58 100 312 3.96 39 86 15
68 52 105 592 3.61 26 75 18
69 52 121 5% 3.61 29 72 19
70 52 101 542 3.N 18 75 18
71 52 118 585 3.68 30 60 18
72 55 78 429 3.00 17 72 17
73 55 104 573 3.50 23 71 23
74 57 103 475 3.53 26 77 19
75 60 92 447 3.39 22 74 20
77 60 77 325 3.39 23 75 14
78 63 69 319 3.60 30 77 20
79 65 94 518 3.33 21 73 16
80 65 68 359 3.13 14 76 16
81 65 93 402 3.30 19 73 16
82 65 84 370 3.49 23 75 21
84 54 103 632 3.22 19 70 17
85 57 98 378 3.73 28 73 21
86 57 96 391 3.67 30 71 18
87 60 99 521 3.55 26 73 20
C 58 100 392 3.81 33 00 14
C2' 56 40 142 3.28 16 63 40
CON 59 107 434 4.01 34 77 14
Mean 93 M1RW 25 75 is
Middle shelf Zone 2,Within-ZID(51-90 no
0 56 89 462 3,25 17 67 23
4 56 92 453 3,51 23 77 21
76 58 96 452 3,60 25 74 22
ZB 56 88 521 3,19 16 70 23
Mean 91 472 3.39 21 72 22
Table 2-8 continues.
2.17
Table 2-8 continued.
Sta0on Depth(m) Total No. Total N. SDI ITI SRI
of Species Abundance
Middle shelf Zone 3(91-120 m)
17' 91 93 413 330 26 77 16
18- 91 96 399 333 26 82 13
20' 100 90 357 3A4 29 86 17
23' 100 98 488 332 25 81 19
29' 100 97 257 333 30 92 15
33' 100 87 271 4.05 35 78 21
38' 100 96 382 4.01 34 82 22
58' 100 99 351 4A6 37 84 25
60' 100 92 232 3.80 30 93 18
83' 100 94 373 384 28 86 15
90 352 3.85 30
Outer shelf(121-200 m)
24- 200 43 114 3.43 20 Sul 23
25- 200 50 % 3.59 28 79 22
27' 200 64 227 3.50 21 74 19
39' 200 56 292 3A6 13 12 25
1. 200 31 50 3.26 20 59 31
61' 200 40 86 3.38 20 64 21
63' 200 44 102 3.40 21 71 27
6V 200 43 182 2.59 13 69 26
C4' 187 23 62 2.50 8 56 39
Mean 44 135 3.20 18 63 a
Upper slope/Canyon(201-500 m)
40' 303 34 91 3.17 13 NIA N/A
41' 303 31 79 2A7 12 NIA N/A
42' 303 30 91 2A6 12 NIA N/A
44' 241 20 46 2.69 9 NIA N/A
58' 300 26 49 Las 15 NIA N/A
62' 300 23 34 2.95 15 NIA N/A
64' 300 26 48 2.90 15 NIA N/A
CS' 296 29 78 2.72 11 NIA N/A
21 65 2.90
Regional values[mean(range)]1
Bight 08 Middle shelf 99(30.153) 393(79-1159) 3.83(2.824.32) 31(13 8) NC 15(2-26)
fthl Outer shell 62(2]-12]) 190(43-532) 3.52(2.934.19) 24(12d1) NC 15(-2J3)
Bigh=Upper slope 26(Mg) 70(13-258) 2.72(1]1-3.83) 11(4-28) N/A NIA
District historical summer values(2004-2014 Fiscal Years)[mean(range)]
Middle Shelf Zonel 113(6-156) 451(11-818) 4.00)1.42A.46) 35(4-51) 83(67-95) 11(8-23)
Middle shelf are 2,Wi6iin-ZID 90(33-138) 538(211-1491) 3.39(0.364.00) 22(1a ) 45(1-83) 30(13-52)
Middle shelf Zone 2,Norl 101(29-143) 444(145-629) 3.80(2.293.42) 30(552) 75(1-96) 20(10-5])
Middle shelf Zone 3 1N(67-146) 543(111A82) 3.78(3.04-4.23) 27 D"2) 82(65-91) 18(13-26)
Outer she0 48(23-80) 145(41-367) 3.33)2.58-3.95) 20(932) R(42-100) 22(14-36)
Upper slope/Canyon 28(14 9) 67(19-165) 2.91(2.31-3.43) 13(7-22) 69(33-1 00) 24(1342)
t6ounes:Ranasmghe of ai_(2012)
Abbreviations:➢D=Zone of nitial Dilution,N/A=Not Applicable,NC=Not Calmlaled.
2.18
Table 2-9. Summary of infaunal community measures for each semi-annual station
sampled during the Winter 2015 benthic survey, including regional and
District historical values.
Station Depth(in) Total No. Total N' SDI ITI BRI
of Species Abundance
Middle shelf Zone 2,Nan-ZID(51-0 m)
1 55 59 152 3.64 26 83 18
3 60 72 278 3.51 23 78 19
5 59 61 247 3.52 22 85 20
9 59 72 231 3.52 24 75 16
12 58 TB 281 3.58 27 n 13
68 52 94 325 4.00 35 93 13
69 52 74 247 3.79 26 88 18
70 52 84 343 3.71 26 S8 17
71 52 69 239 3.63 23 90 13
72 55 55 206 3.17 tT TB 17
73 55 TT 292 3.61 25 74 22
74 57 60 263 3.28 19 76 16
15 60 68 280 3.50 19 83 17
TT 60 65 232 3.54 23 78 17
78 63 71 199 3.65 25 SO 18
79 65 74 343 3.36 21 78 13
80 65 78 335 3.63 25 81 14
81 55 14 263 3.40 23 15 16
82 65 TO 252 3.68 25 79 14
84 54 75 294 3.76 28 79 19
85 57 71 280 3.46 22 78 20
86 57 62 229 3.37 18 86 20
87 60 84 270 3.69 31 18 18
C 56 95 313 4.01 35 85 19
CON 59 67 202 3.61 24 82 13
Mean 72 2" 3.58 81 17
Middle shelf Zone 2,Within-ZID 151-91)m)
0 56 81 374 3.41 19 73 23
4 56 72 251 349 23 79 19
76 SO 84 314 3.49 25 76 20
ZB 56 71 274 3.39 18 79 20
Mean TT 303 3.45
Regional values[mean(range)]t
Bight'08 Middle shelf 99(30-153) 393(79-1159) 3,83(2824.32) 31(1348) NO 15(2-26)
District historical winter values(20042014 Fiscal Years)[mean(range)]
Middle shag Zone 2,Non-ZID 94(45-142) 370(157-634) 3,78(2874.32) 29(948) 76(47-95) 19(1046)
Middle shelf Zone 2,Within-ZID 85(35-128) 424(142-1230) 3.39(0.894.04) 22(1-39) 46(3-84) 29(1645)
t Source:Rem ingM1e at e1.(2012).
Abbreviatams:ZID=Zone of Initial Clinic,NO=Not Calculated.
2.19
2D Stress: 0.26 ow Similarity
o+v • 49.5
]ss a ze-w
83 e e ]B.W ]S.
♦ OS B3 W• • ]C-W
♦ • eSOW IS
ess •]4s • ]o-w
else ]zav
]S$SO • ] ]13 84-w a ]1M'
93e 70-1 ISB.W SO
SO
CON$ 4: 87- e 0.W
• 123e 883 81-W saw Bam
81 5 SO SO
• 13 ]83 12M
823• Oil s 3M UM"M 1.W
985• e e • 73-W SN'
Sy 80W • e
SOS e • 78'w
SO SO
ns w
SO
IS pEN u
VW
■ Non-ZID e
Within-ZID e
40 ■ Non-ZID
Within-ZID
so
0
D
m
E
rn
so--
too-
•eee�eeeueeueeeueee♦••elueeu••e a♦e ueeeueee•eeeuee
"��m���'?m2�"lm��Y�x"lmYm�"dmX���YBry°d„"dr�w;damsa�,aa0e3�pp�«aa�m�cros*m
Stations
Figure 2-5. Non-metric multidimensional scaling(MDS) plot(top panel)and dendrogram (bottom
panel)of the infauna collected at within-and non-ZID stations for the Summer 2014(S)
and Winter 2015(W) benthic surveys.
Stations connected by red lines in the dendrogram are not significantly differentiated based on the SIMPROF test.
The 5 main clusters formed at a 49.5%similarity level on the dendrogram are superimposed on the MDS plot.
2.20
Table 2-10. Summary of epibenthic macroinvertebrate community measures for each
semi-annual and annual (*) station sampled during the Summer 2014 and
Winter 2015 trawl surveys, as well as District historical values.
Season Station Nominal Total No. Total Abundance Biomass H' SDI
Depth(m) of Species (kg)
Middle she"Zone 1 (31-50 m)
T2` 35 10 74 0.13 1.8 4
T24 36 18 182 0.89 1.8 3
T6' 36 11 105 0,21 is 4
T18' 36 12 129 0,33 1.1 2
Mean 13 123 0.39 1.6 3
Middle shelf Zone 2,Non-outfall(51-90 m)
T23 58 12 392 0.80 0.9 2
T12 57 8 150 0.45 0.8 1
T17 60 9 2431 470 0.1 1
T11 60 14 2498 3,54 0.3 1
Summer
Mean 11 1368 2.37 0.5 1
Middle shelf Zone 2,Oufall(51-90 m)
T22 60 15 182 0.67 1.9 4
Ti 55 13 114 0,80 1A 2
Mean 14 148 0.73 1.7 3
Outer shelf(121-200 m)
T10' 137 15 194 11,91 1.2 2
T25' 137 11 81 0.57 1.4 3
T14' 137 12 124 1.91 1.4 2
T19' 137 11 188 2,01 1.2 2
Mean 12 147 4.10 1.3 2
Middle shelf Zone 2,Non-ou"all(51-90 m)
T23 58 12 1378 11.16 0.3 1
T12 57 9 27 0,61 1.8 4
T17 60 6 2221 1,90 0.2 1
T11 60 9 2011 1,71 02 1
Winter
Mean 9 1409 3.84 0.6 2
Middle shelf Zone 2,Outfall(51.90 m)
T22 60 13 405 2,45 1.1 2
Ti 55 10 59 0.19 1.6 3
Mean 12 232 1.32 1A 3
District historical values(2004-2014 Fiscal Years)[mean(range)]r
Middle shell Zone 1 15(426) 413(33-2592) 1.12(0,06 4.16) 15(0.1-2.2) 3(16)
Middle shelf Zone 2,Non-oudall 16(s t5) 388(18-2567) 3.24(0.12-26.33) 1.5(0.4-2.8) 3(1-10)
Middle shelf Zone 2,Coitall 15(9-24) 981(55-6860) 3.66(0 if-9.89) 1.4(0.2-2.1) 3(15)
Outer shelf 12(S22) 271(37-999) &W(0.10-26.39) 1A(0.1-2.3) 2(15)
t Summery steGalics ere based on date from all trawl surveys conducted behmen the 20 2014 FY
2.21
2D Stress: 0.16 Similarity ■ Non-outfall
42 ♦ Outfall
■T17S
T11-W
■
T71-S
■ T22-S
T1-S
♦ T1 W T12-W
T23-S ♦ O
T23-W
T12-S ■
■
T22-W
T17-W
■
20 ■ Non-outfall
♦ Outfall
40
0 60
E
rn
80
100
H H ~ r r H F F H F F
Stations
Figure 2-6. Non-metric multidimensional scaling(MDS) plot(top panel)and dendrogram (bottom
panel)of the epibenthic macroinvertebrates collected at outfall and non-outfall
stations for the Summer 2014(S) and Winter 2015 (W)trawl surveys.
Stations connected by red lines in the dendrogram are not significantly differentiated based on the SIMPROF test.
The 3 mein clusters formed at a 42%similarity level on the dendrogram are superimposed on the MDS plot.
2.22
Table 2-11. Summary of demersal fish community measures for each semi-annual and
annual (*)station sampled during the Summer 2014 and Winter 2015 trawl
surveys, as well as the District historical values.
Season Station Nominal Total No. Total Biomass H' SDI FRI
Depth(m) of Species Abundance (kg)
Middle shelf Zone 1 (31-50 m)
T2` 35 12 127 4.95 1.9 5 22
T24 36 12 177 4.52 2.0 5 26
T5` 36 10 221 3.19 1.7 4 20
T18' 36 12 281 5.46 1.6 3 24
Mean 12 202 4.53 1.8
Middle shelf Zone 2,Non-outfall(51-90 m)
T23 58 14 235 14.32 1.5 3 28
T12 57 20 574 14.12 1.8 3 28
T17 60 11 276 10.68 1.9 4 23
T11 60 13 419 683 1.8 4 21
Summer
15 376 11.49 1.8 4 25
Middle shelf Zone 2,Oudall(51-90 m)
T22 60 15 247 11.18 1.7 3 26
Ti 55 15 445 21.00 1.9 3 32
Mean 15 348 16.09 1.8 3 29
Outer shelf(121-200 m)
T70' 137 21 511 17.99 1.7 2 13
T25• 137 13 674 18.72 1.0 1 12
T14• 137 18 552 16.67 1.6 4 14
T19' 137 19 690 22.74 1.5 3 15
Mean 18 607 19.03 1.5 T 3 14
Middle shelf Zone 2,Non-oudall(51-90 m)
T23 58 13 301 11.41 1.5 3 20
T12 57 14 282 12.87 1.9 4 20
T17 60 12 202 8.84 1.6 3 22
T11 60 14 267 9.29 1.5 2 24
Winter
13 283 10.80 1.8 3 22
Middle shelf Zone 2,Oudall(51-90 m)
T22 60 13 396 10.62 1.5 2 21
T1 55 13 285 6.74 1.6 3 18
Mean 13 341 8." 1.6
District historical values(20(4-2014 FY)[mean(range)[
Middle shelf Zane 1 14(&17) 456(148.1132) s"(3.82-20 73) 1,7(l.2.2) 3(2.6) 22(1&26)
Middle shelf Zane 2,Noruufvl 18(11-28) 1394(155-15Tr2)31.91(4.98-163.87) 1.8(0.2-2.3) 4(1L) 24(1439)
Middle shelf Zane 2,Oudall 17(12-24) 1196(218L186) 51.25(8.59-168.92) 1.8(1-2.1) 4(1-5) 24(1837)
Outer shelf 18(13-26) 1053(3134874)29.18(5.12-125.46) 1.5(0.7-1.9) 3(13) 15(2-34)
t Summary statistics are based on data from all trawl surveys concluded heti the 20N-2014 FY.
2.23
fish communities were similar between the outfall and non-outfall stations (Figure 2-7).
These results indicate that the outfall discharge had no adverse effect on the demersal
fish community structure within the monitoring area. We conclude that the demersal fish
communities within the monitoring area were not degraded by the outfall discharge, and thus,
compliance was met.
FISH BIOACCUMULATION AND HEALTH
Demersal Fish Tissue Chemistry
In 2014-15, muscle and liver tissue contaminant concentrations in the target species
(Hornyhead Turbot and English Sole) were generally similar between outfall and non-
outfall stations, and all muscle tissue contaminant values were well below federal and state
human consumption guidelines (Table 2-12). The mean total PCB (tPCB) concentration in
English Sole liver at the non-outfall station slightly exceeded the state advisory tissue level.
All other liver contaminant values were below both state and federal levels (Table 2-12).
Elevated tPCB values in fish livers are not unexpected as high interannual and interspecies
variability of certain contaminants, including tPCB, have been documented in the District's
monitoring area since July 2004 (OCSD 2014). Furthermore, PCB is a bioaccummulative
legacy contaminant found in marine sediments throughout the SCB due to historical POTW
discharges that occurred until the early 1970s (Schiff 2000). Overall, there is no outfall-
related trend of increased contaminant levels in fish muscle or liver tissue. These results
demonstrate that the outfall is not an epicenter of disease due to the bioaccumulation of
contaminants in fish tissue.
Sport Fish Muscle Chemistry
All fish muscle tissue contaminant levels at both zones were well below federal and state
human consumption guidelines(Table 2-13). These results, in tandem with the demersal fish
tissue chemistry results, indicate there is little risk from consuming fish from the monitored
areas and compliance was achieved.
Fish Health
Fishes appeared normal in both color and odor in 2014-15, thus compliance was met.
Furthermore, less than 1% of all fishes collected showed evidence of irregularities. The
most common irregularity was the presence of the eye parasite Phrixocephatus cincinnatus
on the Pacific Sanddab (Citharichthys sordidus), which occurred in 1% of the examined fish.
These results are comparable to background levels found within the Southern California
Bight (Perkins and Gartman 1997) and do not indicate a degraded biota.
CONCLUSIONS
In summary, California Ocean Plan criteria for water quality were met. Bacterial standards
were achieved at offshore stations. Sediment quality was not degraded by excessive
loading of measured chemical contaminants or by physical changes to the sediment from the
discharge of wastewater solids. This was corroborated by the absence of sediment toxicity
2.24
2D Stress: 0.11 Similarity ■ Non-outfall
— 72 ♦ Outfall
T11S
T17-S
■
T17-W
T*W
• T11-WV
T12-W
T22-W -S
T23-W
• 3-S
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panel)of the demersal fishes collected at outfall and non-outfall stations for the
Summer 2014(S)and Winter 2015(W)trawl surveys.
Stations connected by red lines in the dendrogram are not significantly differentiated based on the SIMPROF test.
The 2 main clusters formed M a 72%similarity level on Me dendrogram are superimposed on the MDS plot.
2.25
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in controlled laboratory tests and the presence of normal infaunal communities throughout
the monitoring area. Fish and trawl invertebrate communities in the monitoring area were
healthy and diverse, and federal and state fish consumption guidelines were met. Altogether,
these results indicate that the receiving environment was not degraded by the discharge
of the treated wastewater, all permit compliance criteria were met, and environmental and
human health was protected.
2.28
REFERENCES
Allen, M.J., R.W. Smith, E.T. Jarvis, V. Raco-Rands, B.B. Bernstein, and K.T. Herbinson. 2005. Temporal
trends in southern California coastal fish populations relative to 30-year trends in oceanic conditions.
In: Southern California Coastal Water Research Project Annual Report 2003-2004 (S.B. Weisberg -
Ed.). Southern California Coastal Water Research Project, Westminster, CA. p.264-285.
Chavez, F.P., J.T. Pennington, C.G. Castro, J.P. Ryan, R.P. Michisaki, B. Schlining, P. Walz, K.R. Buck, A.
McFadyen, and C.A. Collins. 2002. Biological and chemical consequences of the 1997-1998 El Nino
in central California waters. Prog. Oceanogr. 54:205-232.
Hsieh,C.,C.Reiss,W.Watson, M.J.Allen,J.R.Hunter, R.N. Lea, R.H.Rosenblatt, P.E.Smith,and G. Sigihara.
2005. A comparison of long-term trends and variability in populations of larvae of exploited and
unexploited fishes in the southern California region:A community approach. Prog. Oceanogr. 67:160-
185.
Jarvis, E.T., M.J.Allen, and R.W. Smith. 2004. Comparison of recreational fish catch trends to environment-
species relationships and fishery-independent data in the Southern California Bight, 1980-2000.
CaICOFI Rep.Vol. 45.
Long, E.R., D.D. McDonald, S.L. Smith, and F.C. Calder. 1995. Incidence of adverse biological effects within
ranges of chemical concentrations in marine and estuarine sediments. Envimn. Manage. 19:81-97.
OCSD(Orange County Sanitation District). 1996a. Science Report and Compliance Report,Ten Year Synthesis,
1985-1995. Marine Monitoring. Fountain Valley, CA.
OCSD. 1996b. Water Quality Atlas. Ten-Year Synthesis, 1985-1995. Marine Monitoring. Fountain Valley,CA.
OCSD. 2004a. Annual Report, Compliance Report, July 2002-June 2003. Marine Monitoring. Fountain
Valley, CA.
OCSD. 2004b. Annual Report, Science Report, July 2002-tune 2003. Marine Monitoring. Fountain Valley,
CA.
OCSD. 2013.Annual Report, July 2011-June 2012. Marine Monitoring, Fountain Valley, CA.
OCSD. 2014. Annual Report, July 2012-June 2013. Marine Monitoring. Fountain Valley, CA.
OCSD. 2015. Annual Report, July 2013-June 2014. Marine Monitoring. Fountain Valley, CA.
Perkins, P.S. and R. Gartman. 1997. Host-parasite relationship of the copepod eye parasite (Phrixocephalus
cincinnatus) and Pacific sanddab (Citharichthys sordidus) collected from wastewater outfall areas.
Bull. Southern Calif.Aced Sci. 96:87-104.
Ranasinghe,J.A., K.C.Schiff,C.A. Brantley,L.L. Lovell, D.B.Cadien,T.K. Mikel, R.G.Velarde,S. Holt,and S.C.
Johnson. 2012. Southern California Bight 2008 Regional Monitoring Program:VI.Benthic Macrofauna.
Southern California Coastal Water Research Project. Costa Mesa, CA.
Schiff, K.C. 2000. Sediment chemistry on the mainland shelf of the Southern California Bight. Mar. Poll. Bull.
40:268-276.
Schiff, K., R. Gossett, K. Ritter, L. Tiefenthaler, N. Dodder,W. Lao, and K. Maruya, 2011. Southern California
Bight 2008 Regional Monitoring Program: III. Sediment Chemistry. Southern California Coastal Water
Research Project, Costa Mesa, CA.
Wilber, D.H. and D.G. Clarke. 2001. Biological effects of suspended sediments: A review of suspended
sediment impacts on fish and shellfish with relation to dredging activities in estuaries. No.Am. J. Fish.
Manage. 21:855-875.
2.29
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STRATEGIC PROCESS STUDIES AND
REGIONAL MONITORING
Chapter 3
Chapter 3
STRATEGIC PROCESS STUDIES AND
REGIONAL MONITORING
INTRODUCTION
The Orange County Sanitation District (District) operates under the auspices of a National
Pollutant Discharge Elimination System (NPDES) permit issued jointly by the United States
Environmental Protection Agency (EPA) and the State of California Regional Water Quality
Control Board (RWQCB) (Order No. R8-2012-0035, NPDES Permit No. CA0110604) in
June 2012. The permit requires the District to conduct an ocean monitoring program (OMP)
that documents the effectiveness of the District's source control and wastewater treatment
operations in protecting coastal ocean resources and beneficial uses. Part of the codified
OMP is a requirement to conduct Strategic Process Studies (SPS) and to participate in
regional monitoring programs. In addition, the District performs special studies, which are
generally less involved than SPS and have no regulatory requirement for prior approval or
level of effort.
SPS are designed to address unanswered questions raised by the Core monitoring program
results or they may focus on issues of interest to the District, such as the effect of contaminants
of emerging concern (CECs) on local fish populations. Some SPS are enumerated in the
NPDES permit. Other SPS are proposed and must be approved by state and/or federal
regulators to ensure proper focus and level of effort. For the 2014-15 program year, no SPS
were conducted.
Regional monitoring studies are those not focused solely on the District's monitoring area, but
which sample on larger areas of the Southern California Bight. These may include the"Bight"
studies coordinated by the Southern California Coastal Water Research Project (SCCWRP)
or studies conducted in coordination with other public agencies and/or non-governmental
organizations in the region. Examples include the Central Region Kelp Survey Consortium
and the Central Bight Water Quality Study.
This chapter provides study overviews of recently completed and ongoing special studies
and regional monitoring efforts. Unlike the other chapters in this report, these summaries are
the most recent information available up to the publication of this report. In most cases, this
information is also used in other chapters of this report to corroborate and supplement Core
monitoring results. This chapter provides study summaries only and the projects described
are not intended as comprehensive reports. Links to final study reports, if available, are
listed under each section below.
3.1
REGIONAL MONITORING
Regional Nearshore (Surfzone) Bacterial Sampling
The District is a partner with the Orange County Health Care Agency (OCHCA), the South
Orange County Wastewater Authority (SOCWA), and the Orange County Public Works
(OCPW) in the Ocean Water Protection Program, a regional bacterial sampling program that
samples 126 stations along 42 miles (67.5 km) of coastline (Seal Beach to San Clemente
State Beach) and 70 miles (112.6 km) of harbor and bay frontage. In 2014, over 7,700
samples were collected regionally for 3 fecal indicator bacteria (FIB; total coliform, fecal
coliform, and enterococci).
OCHCA reviews bacteriological data to determine whether a station meets beach bathing
water quality standards. Beach closures, postings, or health advisories are based on these
results. The 2012/2013/2014 Triennial Ocean, Harbor, and Bay Water Quality Report
provides a summary of bacteriological water quality for the county (www.ocbeachinfo.
com). The report also describes year-to-year variability and trends representing the 15-year
period (2000-2014) that Ocean Water-Contact Sports Standards (i.e., Assembly Bill 411)for
bacteriological water quality have been in place.
Afew of the county-wide report findings include:
• The number of reported sewage spills was at an all-time low, with 12 consecutive
years of decreasing spills.
• The yearly average number(12) of beach closures due to sewage spills from 2012
to 2014 was 53% below the 16-year average (23).
• The average number(25.3)of Beach Mile Days closures due to sewage spills was
also below the 16-year average (28.7).
• Total Beach Mile Days posted due to bacteriological standards violations during
the AB411 period (April 1 to October 31) was at near record lows (35.4) and was
81% below the 15-year average of 182.5 days (2000 through 2014).
Data from 18 of the 38 Regional stations sampled during 2014-15 by the District(Table B-11)
were analyzed separately for comparison with the District's historical surIzone results. Table
B-12 presents summary statistics for the remaining stations; a discussion of these data can
be found on the OCHCAwebsite(www.ocbeachinfo.com). Results for the 18 District stations
were similar to those of previous years (OCSD 2014, 2015). FIB counts at these stations
varied by season, location, and by bacteria type. A general spatial pattern was associated
with the mouth of the Santa Ana River. Seasonal geomeans and the percent of samples
exceeding geomean and single sample standards all peaked near the river mouth and then
tapered off upcoast and downcoast. Collectively, exceedance of the state single sample
standard (AB411) was low, with less than 1% by total coliforms, slightly over 2% by fecal
coliforms, and 5% by enterococci.
3.2
Central Bight Regional Water Quality Program
The District is a member of a regional cooperative sampling effort known as the Central
Bight Regional Water Quality Monitoring Program (Central Bight) with the City of Oxnard,
City of Los Angeles, the County Sanitation Districts of Los Angeles, and the City of San
Diego. Each quarter, the participating agencies sample a station grid that covers the coastal
waters from Ventura County to Crystal Cove State Beach and from Point Loma to the United
States—Mexico Border. The participants employ similarly equipped CTDs and comparable
field sampling methods. When combined with the District's Core water quality program data,
the Central Bight monitoring provides regional data that enhances the evaluation of water
quality changes due to natural oranthropogenic discharges(e.g., stormwater)and provides a
regional context for comparisons with the District's monitoring results. The Central Bight data
also provides a link to other larger-scale regional programs,such as the California Cooperative
Oceanic Fisheries Investigations (CaICOFI)and serve as the basis for the Bight'13 Nutrients
sampling. Currently, the Central Bight group is working to develop closer ties to the CaICOFI
program and District staff are working with the regional Southern California Coastal Ocean
Observing System (SCCOOS)to develop quality assurance guidelines for submitting Central
Bight data to SCCOOS that complies with the national Integrated Ocean Observing System
(IOOS) guidelines.
Bight'13 Regional Monitoring
Since 1994, the District has participated in 5 regional monitoring studies of environmental
conditions within the Southern California Bight (SCB): 1994 Southern California Bight
Pilot Project (SCBPP), Bight'98, Bight'03, Bight'08, and Bight'13. The District has played
a considerable role in all aspects of these regional projects, including program design,
sampling, quality assurance, data analysis, and report writing. Results from these efforts
provide information that is used by individual dischargers, resource managers, and the public
to improve region-wide understanding of environmental conditions and to provide a regional
perspective for comparisons with data collected from individual point sources. During the
summer of 2013, District staff conducted field operations, ranging in area from Orange
County south to Camp Pendleton in northern San Diego County and west to the southern
end of Santa Catalina Island, as part of the Bight'13 sampling effort. Currently District staff is
involved in final data submissions, data review, and report production for the Bight'13 project.
Final reports for the Bight'13 project will be available in December 2017. Project documents,
data, and reports on the previous studies are available on SCCWRP's website (http://sccwrp.
org).
Regional Kelp Survey Consortium— Central Region
The District is a member of the Central Region Kelp Survey Consortium (CRKSC), which
was formed in 2003 to map Giant Kelp (Macrocystis pyrifera) beds off Ventura, Los Angeles,
and Orange Counties via aerial photography. The program is modeled after the San Diego
Regional Water Quality Control Board, Region Nine Kelp Survey Consortium, which began
in 1983. Both consortiums sample quarterly to count the number of observable kelp beds
and calculate maximum kelp canopy coverage. Combined, the CRKSC and San Diego
aerial surveys provide synoptic coverage of kelp beds along approximately 81% of the 270
miles (435 km) of the southern California mainland coast from northern Ventura County to
3.3
the United States—Mexico Border. Survey results are published and presented annually by
MBC Applied Environmental Sciences to both consortium groups, regulators, and the public.
Reports are available on the SCCWRP's website (http://kelp.sccwrp.org/reports.html)
2014 Central Region Results
The number of kelp beds displaying canopy remained the same in the Central Region (24
of 26), however, the overall canopy cover decreased by nearly 24% from 2.2 mi2 (5.6 km2)
in 2013 to 1.7 m12 (4.3 km2) in 2014. Four kelp beds had increased surface coverage (3-
59%), whereas 21 beds had decreased surface coverage (1-73%)and 1 bed had no change.
However, total coverage in 2014 was still above the long-term (1965-2014) regional average
of 1.6 mi2(4.1 km2) (MBC 2015). Consistent with previous results, most of the Central Region
kelp beds reached their maximum extent in early summer.
There was no evidence of any adverse effects on Giant Kelp resources from any of the
region's dischargers. Rather, the Giant Kelp surveys of 2014 continued to demonstrate that
most kelp bed dynamics in the Central region are influenced by the large-scale oceanographic
environment, while micro-variations in local topography and currents can cause anomalies in
kelp bed performances.
Ocean Acidification Mooring
Increased acidification of coastal waters is an issue that has become increasingly important
along the west coast as reflected in its incorporation into the State of California Ocean
Protection Council's (OPC) most recent 5-year strategic plan (OPC 2012). The acidity/
alkalinity(pH)of receiving waters is an important biologic parameter as it affects the solubility
of calcium carbonate, a necessary building material for organisms with calcareous shells.
Aragonite concentration is a conventional metric used to evaluate potential impacts to
marine organisms with saturation values z1 considered necessary for calcium formation.
Preindustrial surface pH has been estimated to be 8.16 and a pH value of 7.75 has been
associated with an aragonite saturation of 1 (Orr at al. 2005, Feely et al. 2008, Bernie 2009,
Bijma et al. 2009, Pelejero et al. 2010). Since 1985, 11% of pH samples collected by the
District fell below 7.75, with a range of<1% (1989 and 1991)to 33% (1998) (Figure 3-1).
Findings from the Bight'08 project showed that nutrients discharged from ocean outfalls off
heavily urbanized regions were equivalent to natural nutrient sources(Howard et al.2012)and
research has linked nutrients with increased coastal acidification (NOAA 2012). Additionally,
Howard at al. (2012) showed that algal bloom intensity significantly increased over the last
decade and algal bloom 'hotspots' were shown to be co-located with major anthropogenic
sources and extended water residence times. These findings led to the inclusion of enhanced
nutrient and pH monitoring in the SCB as part of the Bight'13 Nutrients program (SCCWRP
2013).
Primary productivity and nutrient cycling (including oxygen demanding processes like
nitrification) can have direct and indirect effects on the ecological condition of coastal waters.
The California Ocean Plan (COP) establishes criteria for the amount of influence that
anthropogenic wastewater dischargers are permitted to have on the ecological condition of
coastal waters. These include criteria for nutrients ("shall not cause objectionable growth or
degrade indigenous biota'), dissolved oxygen ("shall not be depressed by more than 10% of
3.4
40
35
30
2
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2 20
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a
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p i1 �j,'D,,prp p p
^AB 006�00�o��o�g9�i'a99919�i'ry999�9�99�9�9099A��9 ryO�ryC{�^ryCQryryCQ ryCS'ryCQ ryO�ryO�QOe'IO '10�'I�'�^`lOry`L `LO��^�
Program Year
Figure 3-1. Percent of pH values measured below 7.75(aragonite saturation=1)by the District by
program year.
Red hor¢ontal line represents the period-of-rawnd mean of 11%.
that which would occur naturally"), and pH ("shall not be changed more than 0.2 pH units").
However, how anthropogenic nutrients influence each of these is not well understood and
existing pH sensors are not sensitive or stable enough to measure small changes in pH.
To address these issues, 4 Bight'13 participants (City of Los Angeles, County Sanitation
Districts of Los Angeles, City of San Diego, and the District) worked collectively to design
moored instrumentation platforms to measure pH, dissolved oxygen, and chlorophyll-a
fluorescence. The District built and recently deployed (October 2015)an Ocean Acidification
(OA) Mooring that measures temperature, salinity, dissolved oxygen, pH, and chlorophyll-a
fluorescence at selected depths as well as currents throughout the water column. A more
sensitive and stable pH sensor developed by the Monterey Bay Aquarium Research Institute
(MBARI) in conjunction with Scripps Institution of Oceanography (SIO) is also being used on
the mooring. Temperature is measured every 5 m of the water column from the surface to
70 m. With the exception of chlorophyll-a (sampled only at 35 m) the other physical factors
are measured at the surface, 5 m, 35 m, and 60 m. The mooring is located downcoast and
just offshore of the District's outfall. Data is stored internally and selected data is telemetered
hourly to shore.
SPECIAL STUDIES
Cessation of Disinfection
In 2002, the District began effluent disinfection with chlorine bleach followed by de-
chlorination with sodium bisulfite. At that time, the District provided 50% secondary
treatment, requiring the use of large quantities of bleach due to the high amount of solids in
3.5
the effluent. Beginning in 2006 the invertebrate community in the immediate area near the
outfall pipe began changing in structure and had decreased community health index scores.
The trend began slowly, but increased rapidly from 2008 to 2010. In 2009, stations as far
as 0.6 miles (1 km) from the outfall pipe began showing change with a trend of decreased
impact with increased distance from the outfall. This suggested the effluent discharge was
the cause. Staff addressed this issue by conducting 10 individual studies over a 3-year
period to determine the cause. Results showed that the District's use of large amounts of
chlorine bleach for disinfection were creating toxic disinfection by-products that were the
likely cause of the decline in the invertebrate communities.
The District achieved consistent full secondary treatment of the wastewater in March 2011.
This required approximately 10% of the 2002 bleach usage to meet operational goals.
Ocean monitoring results from January 2012 found evidence of invertebrate community
improvement at the affected permit-compliance stations near the outfall. By July 2012, all
previously affected stations near the outfall had normal or near-normal communities. This
recovery is likely due to the high quality of the secondary treated wastewater being produced,
requiring a greatly reduced amount of chlorine in the treatment process. However, the
disinfection by-products that caused the decline were still being produced by the use of
chlorine bleach, though at a much reduced volume. Further, an examination of the beach
and nearshore bacterial monitoring data showed no evidence that effluent disinfection had
any effect on bacterial levels in human recreational areas. District staff recommended that
the use of chlorination for effluent disinfection be discontinued based on the demonstrated
potential for environmental harm and permit-compliance issues and evidence indicating that
effluent disinfection does not provide increased human health protection on local beaches or
other recreational zones.
In anticipation of completion of all secondary treatment projects prior to 2012, the District
initiated an evaluation of its disinfection practices by an Independent Advisory Panel (IAP)of
experts hosted by the National Water Research Institute(NWRI). The IAP most recently met
on March 26,2014. They reviewed and discussed the data and circumstances surrounding
the use of disinfection by the District to protect public health and meet water quality
standards. The IAP concluded, among numerous observations and recommendations,
that:
• The District's investigations indicate that the main source of FIB and potential
pathogens are from birds,the Santa Ana River and Talbert Marsh, and groundwater
and not from the diluted effluent plume.
• Based on the District's water quality FIB data, collected during high-use periods,
all health department standards have been met.
• Continuing to chlorinate full secondary treated effluent provides little to no public
health benefit.
• If the use of chlorine is eliminated, the Panel recommends that the District
continue to extensively monitor the condition of the benthic environment near the
outfall discharge until it is determined that conditions have stabilized.
3.6
District staff presented the findings to the Orange County Coastal Coalition (OCCC) and the
cities of Newport Beach and Huntington Beach. They all endorsed the District's proposal to
eliminate the use of continuous disinfection for effluent disinfection. Based on the observations
and recommendations of the IAP and with public support, the District ceased disinfection of
the final effluent in March 2015.
To demonstrate continued compliance with NPDES permit requirements and public health
protection, enhanced beach and ocean water quality monitoring was initiated by the District.
This included adding one extra sampling day per week to 19 of the 38 Regional water quality
surfzone stations (Table A-1) resulting in a new total of twice per week, and adding a 10-m
contour (7 stations) to our offshore water quality grid which the District sampled 5 times per
quarter. The additional samples collected along the 10-m contour provided additional data
nearer the beach to demonstrate that the effluent plume did not migrate into bathing waters.
The enhanced monitoring was conducted from March through November 2015, after which
the RWQCB determined that the enhanced monitoring was no longer necessary based on
the monitoring results (see Chapter 2).
3.7
REFERENCES
Bernie D. 2009. Mitigation scenarios of ocean acidification using simple and complex models. Work stream 2,
Report 3 of the AVOID programme (AV1WS2/D1/R03). Available online at www.avoid.uk.net
Bijma, J., M. Barange, L. Brander, G. Cardew, J. de Leeuw, R. Feely, L. Fernand, G. Ganssen, J.P. Gattuso,
M.G. Davila, P. Haugan, H. Held, M. Hood, T. Kiefer,A. Kozyr, J. Orr, H.O. Partner, K. Rehdanz, G.J.
Reichart, P.G. Rodhouse, F. Schmidt, M.Thorndyke, C.Turley, E. Urban, P.Ziveri, E. Lipiatou, B.Avril,
and D. Turk. 2009. Impacts of ocean acidification. In European Science Foundation, Science Policy
Briefing 37, 1-12.
Feely, R.A., C.L.Sabine,J. Hernandez-Ayon,J. Martin, D. lanson,and B. Hales. 2008. Evidence for upwelling
of corrosive"acidified"water onto the Continental Shelf. Science 320:1490-1492.
Howard, M.D.A., G. Robertson, M. Sutula, B.H. Jones, N.P. Nezlin, Y. Chao, H. Frenzel, M.J. Mengel, D.A.
Caron,B.Seegers,A.Sengupta,E.Seubert,D.W.Diehl,and S.B.Weisberg. 2012. Southern California
Bight 2008 Regional Monitoring Program:VII. Water Quality. 145 p.
MBC Applied Environmental Sciences. 2015. Status of the Kelp Beds 2014 Survey. Prepared for the Central
Region Kelp Survey Consortium and Region Nine Kelp Survey Consortium. 75 p. +Appendices.
NOAA (National Oceanographic and Atmospheric Agency). 2012. Study finds that ocean acidification
is accelerated in nutrient-rich areas. http://www.noaanews.noaa.gov/stories20l2/20120924_
oceanacidification.html (September 24,2012).
OCSD (Orange County Sanitation District). 2014. Annual Report, July 2012—tune 2013. Marine Monitoring.
Fountain Valley, CA.
OCSD. 2015. Annual Report,July 2013—tune 2014. Marine Monitoring. Fountain Valley, CA.
OPC (Ocean Protection Council). 2012. A Vision for Our Ocean and Coast. Five-Year Strategic Plan 2012-
2017. Adopted February 17,2012. 34 p.
Orr, J.C., V.J. Fabry, O.Aumont, L. Bopp, S.C. Doney, R.A. Feely, A. Gnanadesikan, N. Gruber,A. Ishida, F.
Joos, R.M. Key, K. Lindsay, E. Maier-Reimer, R. Matear, P. Monfray, A. Mouchet, R.G. Najjar, G.K.
Plattner,K.B. Rodgers,C.L.Sabine,J.L.Sarmiento,R.Schlitzer, R.D.Slater, I.J.Totterdell,M.F.Weirig,
Y.Yamanaka, and A. Yool. 2005. Anthropogenic ocean acidification over the twenty-first century and
its impact on calcifying organisms. Nature 437:681-686.
Pelejero,C., E.Calvo,and O. Hoegh-Guldberg. 2010. Paleo-perspectives on ocean acidification. Trends Ecol.
Evol. 25:332-344.
SCCWRP(Southern California Coastal Water Research Project). 2013. Southern California Bight 2013 Marine
Monitoring Survey(Bight'13) Nutrients Workplan. 22 p.
3.8
METHODS
Appendix A
Appendix A
METHODS
INTRODUCTION
This appendix contains a summary of the field sampling, laboratory testing, and data analysis
methods used in the District's Ocean Monitoring Program (OMP). The methods also include
calculations of water quality compliance with California Ocean Plan (COP) criteria.
WATER QUALITY MONITORING
Field Methods
Offshore Zone
Permit-specified water quality monitoring was conducted 3 times per quarter at 28 stations
(Figure A-1, Tables A-1 and A-2). Eight stations located inshore of the 3-mile line of the coast
are designated as areas used for water contact sports by the Regional Water Quality Control
Board (RWQCB) (i.e., waters designated as REC-1), and were sampled an additional 3 days
per quarter for fecal indicator bacteria (FIB; total coliform, fecal coliform, and enterococci).
The additional surveys were conducted in order to calculate a 30-day geometric mean.
Each survey included measurements of pressure (from which depth is calculated),
temperature, conductivity(from which salinity is calculated),dissolved oxygen(DO), pH,water
clarity (light transmissivity, beam attenuation coefficient [beam-c], and photosynthetically
active radiation [PAR]), chlorophyll-a fluorescence, and colored dissolved organic matter
(CDOM). Measurements were conducted using a Sea-Bird Electronics SBE9/SBE 11 Deck
Unit (SBE9/11) CTD (conductivity-temperature-depth) profiling system deployed from the
M/V Nerissa. Profiling was conducted at each station from 1 m below the surface to 2 m above
the bottom or to a maximum depth of 75 m, when water depths exceeded 75 m. SEASOFT
(2014a) software was used for data acquisition, data display, and sensor calibration. PAR
was measured in conjunction with chlorophyll-a because of the positive linkage between light
intensity and photosynthesis per unit chlorophyll(Hardy 1993). Wind condition, sea state, and
visual observations of floatable materials or grease that might be of sewage origin were also
conducted. Discrete water samples were collected using a Sea-Bird Electronics Carousel
Water Sampler (SBE32/SBE33) equipped with Niskin bottles for ammonium (NH3-N) and
FIB at specified stations and depths. All discrete samples were kept on wet ice in coolers and
transported to the District's laboratory within 6 hours. A summary of the sampling methods
are presented in Table A-3.
Central Bight Regional Water Quality
An expanded grid of water quality stations was sampled quarterly as part of the District's
Central Bight Regional Water Quality monitoring. These 38 stations were sampled in
conjunction with the 28 Core water quality stations (see Figure 2-1) along with the County
Sanitation Districts of Los Angeles, the City of Los Angeles, and the City of Oxnard. The
total sampling area extends from the Ventura River in the north to Crystal Cove State Beach
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A.2
Table A-1. The District's ocean monitoring program station positions and nominal depths.
Station Latitude Longitude Depth Station Latitude Longitude Depth
Offshore Water Quality
1901 • 33' 33.682'N 117' 49.654 W 10 22N• 33° 35.423'N 117° 59.M6'W 39
1902• 33' 33.165'N 117' 49.944'W 60 2205• 33' 34.534'N 118' 00.282'W 57
1903• 33° 32.762'N 117' 50.182'W 100 2206• 33' 33.644'N 118° 01.018'W 185
1904- 33° 31.787'N 117' 50.734'W 405 2221'° 33° 38.099'N 117° 58.908'W 10
1905- 33° 30.810'N 117' 51.285'W 510 2222' 33° 37.522'N 117° 59.374'W 15
1906• 33° 29.829'N 117' 51.842'W 550 2223^ 33° 36.924'N 117° 59.871'W 22
2001 • 33' 35.335'N 117' 51.564'W 10 2224• 33° 36.035'N 118' 00.608'W 31
2002• 33° 34.755'N 117' 51.844'W 60 2225• 33' 35.146'N 118° 01.346'W 47
2003- 33° 34.565'N 117° 52.123'W 100 2226' 33° 34.257'N 118° 02.083'W 135
2004- 33° 33.589'N 117' 52.657'W 345 2301'• 33° 38.572'N 118° 00.064'W 10
2005• 33° 32.613'N 117° 53.225'W 410 2302• 33° 38.053'N 118° 00.495'W 15
2006• 33' 31.647'N 117' 53.793'W 470 23031 33° 37.537'N 118' 00.936'W 21
2021 • 33° 35.771'N 117' 52.099'W 10 2304• 33' 36.649'N 118° 01.674'W 29
2022- 33° 35.283'N 117° 52.379'W 53 2305' 33° 35.760'N 118° 02.412'W 38
2023° 33° 34.796'N 117' 52.658'W 165 2306• 33° 34.871'N 118° 03.149'W 114
2024• 33' 33.811'N 117' 53.179'W 300 2349•• 33° 39.190'N 118° 01.135'W 10
2025• 33' 32.851'N 117' 53.741'W 390 2350• 33' 38.667'N 118' 01.566'W 14
2026• 33' 31.900'N 117' 54.301'W 432 2351° 33° 38.151'N 118' 02.001'W 21
2101 •° 33° 36.183'N 117° 55.749'W 10 2352 d 33° 37.262'N 118° 02.739'W 29
2102- 33° 35.631'N 117' 56.206'W 26 2353° 33° 36.373'N 118° 03.477'W 37
2103° 33° 35.089'N 117' 56.678'W 110 23M d 33° 35.484'N 118° 04.214'W 123
2104 d 33' 34.199'N 117' 57.414'W 143 2401>• 33° 39.920'N 118' 02.103'W 10
2105• 33' 33.309'N 117' 58.150'W 280 2402• 33° 39.342'N 118' 02.593'W 16
2106° 33° 32.420'N 117° 58.885'W 309 2403 d 33° 38.765'N 118° 03.072'W 21
2181 -° 33° 36.877'N 117' 56.752'W 10 2404' 33° 37.875'N 118° 03.808'W 29
2182• 33° 36.272'N 117' 57.264'W 15 24051 33° 36.986'N 118° 04.544'W 37
2183° 33' 35.701'N 117' 57.744'W 36 24061 33° 36.096'N 118' 05.280'W 60
2184• 33' 34.811'N 117' 58.480'W 51 2451• 33° 41.475'N 118' 03.944'W 10
2185" 33° 33.922'N 117° 59.215'W 114 2452' 33° 40.739'N 118° 04.584'W 17
2186° 33° 33.032'N 117' 59.951'W 247 2453' 33° 39.987'N 118° 05.204'W 22
2201 •• 33° 37.493'N 117' 57.831'W 10 24M• 33° 39.098'N 118° 05.946'W 30
2202• 33' 36.901'N 117' 58.314'W 16 2455• 33° 38.210'N 118' 06.675'W 36
2203 d 33' 36.313'N 117' 58.810'W 25 2456• 33° 37.318'N 118' 07.411'W 42
'Central Bight Water Quality Regional Grid station only-CTD profiling only.
"Core Water Quality Station-CTD profiling only.
•Core Water Quality Station-CTD profiling and ammonium samples.
d Core Water Quality Station-CTD profiling plus ammonium and bacteria(REC-1)samples.
•Disinfection Cessation Station-CTD profiling plus ammonium and bacteria samples.
Stations denoted in bold represent the potential California Ocean Plan water quality compliance reference stations.
Table A-1 Continues.
A.3
Table A-1 Continued.
Station Latitude Longitude I Depth I Station I Latitude Longitude Depth
Regional Nearshore(Surizone)Water Quality
OSB02 33° 44.420'N 118° 06.937'W Ankle deep 6N- 33' 38.331'N 117' 58.573'W Ankle deep
O81303 33' 44.355'N 118° 06.449'W Ankle deep 314° 33' 38.018'N 117' 58.032'W Ankle deep
OSB05 33° 44.296'N 118° 06.378'W Ankle deep TM 33° 37.994'N 117° 57.645'W Ankle deep
OSB04 33' 44.209'N 118' 06.121'W Ankle deep 0' 33' 37.764'N 117' 57.598'W Ankle deep
OSB01 33' 43.603'N 118' 05.041'W Ankle deep SAR-N 33' 37.870'N 117' 57.434'W Ankle deep
OSUB1 33' 42.986'N 118° 04.341'W Ankle deep 3S' 33' 37.619'N 117' 57.264'W Ankle deep
39N° 33' 42.114'N 118' 03.321'W Ankle deep 68' 330 37.337'N 117° 56.704'W Ankle deep
33N° 33° 41.281'N 118° 02.495'W Ankle deep 9S° 33° 37.033'N 117° 56.283'W Ankle deep
BCO-1 33° 40.994'N 118° 02.138'W Ankle deep 15S• 33° 36.342'N 117° 55.459'W Ankle deep
27N• 33° 40.587'N 118' 01.712'W Ankle deep 21 S• 33' 36.059'N 117' 54.213'W Ankle deep
HB1 ° 33° 40.065'N 118° 01.937'W Ankle deep 27S' 33' 35.646'N 117' 52.910'W Ankle deep
HB2° 33' 40.022'N 118° 01.937'W Ankle deep 29S' 330 35.559'N 117' 52.508'W Ankle deep
HB3° 33° 39.952'N 118° 00.933'W Ankle deep BGC° 33° 35.389'N 117° 52.121'W Ankle deep
21 N• 33° 39.843'N 118° 00.785'W Ankle deep PPC° 33° 34.933'N 117° 51.416'W Ankle deep
HB4° 33° 39.680'N 118' 00.613'W Ankle deep WFC° 33' 34.900'N 117' 51.334'W Ankle deep
HB5° 33° 39.414'N 118° 00.310'W Ankle deep 39S' 33' 34.700'N 117' 51.946'W Ankle deep
15N° 33' 39.114'N 117° 59.846'W Ankle deep ONB39° 330 34.444'N 117' 50.410'W Ankle deep
12N° 33° 38.854'N 117° 59.413'W Ankle deep MDC° 33° 33.838'N 117° 49.702'W Ankle deep
914• 33° 38.565'N 117° 58.924'W Ankle deep El Moro° 33' 33.593'N 117' 49.292'W Ankle deep
•Bacteria sample was collected at least twice for both regional monitoring and the disinfection cessation study.
°When flowing,2 additional bacteria samples were collected:1)25 yards upcoast and 2)25 yards downcoast of freshwater-
ocean interface. When flow was not observed at the Interface,a single sample was collected 25 yards downcoast.
Bacteria sample was collected at least once per week at all other stations.
Trawl
To. 33° 37.117'N 117° 59.283'W 18 T17° 330 35.160'N 118' 02.658'W 60
TI° 33° 34.641'N 118° 00.567'W 55 T18 33' 36.960'N 118' 05.268'W 36
T2 33° 35.688'N 117° 59.561'W 35 T19 33° 35.3%'N 118° 05.424'W 137
T6 33° 35.946'N 118' 02.785'W 36 T22° 33' 34.326'N 117' 59.856'W 60
T10 33° 33.771'N 118' 00.250'W 137 T23° 33' 34.336'N 117' 59.051'W 58
Tit° 33° 36.055'N 118° 05.199'W 60 T24 330 35.648'N 118' 01.274'W 36
T12° 33° 34.868'N 118° 01.670'W 57 T25 33' 34.245'N 1180 01.967'W 137
T14 33° 34.672'N 118° 03.200'W 137
°Sampled for historical purposes.
°Semi-annual station.
All other stations were sampled annually.
Table A-1 Continues.
A.4
Table A-1 Continued.
Station I Latitude I Longitude I Depth I Station I Latitude I Longitude I Depth
Rig-fishing
Zone 1(outhll):Inshore of the 60 m depth contour bounded by the coordinates 33'36.272'N/117'57.264'W and
RF1 33' 37.522'N/117'59.374'W along the 15 m contour and 33'34.698'N/118' 01.713'W along the 80 m contour,
and 33'33.475'N/117-59.583'W along the 180 m contour.
RF3 Zone 3(non-ouMall):Bounded by the coordinates.33'35.879'N/118'08.015'W,33'35.333'N/118'07.476'W,
33'34.272'N/118'08.557'W,33-34.820'N/118-09.086'W.
Sediment Geochemistry,Sediment Toxicity,and Benthic Infauna
0.1 33' 34.573'N 118' 00.598'W 56 58 33' 33.365'N 118' 05.347'W 300
1•b 33' 34.657'N 118' 00.968'W 56 59 33' 36.070'N 118' 03.701'W 40
3. 33' 34.434'N 118' 00.660'W 60 60 33' 35.532'N 118' 04.017'W 100
4•b 33- 34.498'N 117' 59.761'W 56 61 33' 35.011'N 118' 04.326'W 200
5' 33' 34.749'N 118' 01.612'W 59 62 33' 34.069'N 11W 04.568'W 300
7 33' 35.325'N 118' 00.367'W 41 63 33' 34.173'N 118' 03.407'W 200
8 33' 35.164'N 117' 59.555'W 44 64 33' 33.484'N 118' 03.663'W 300
9' 33' 34.363'N 117' 59.510'W 59 65 33' 33.859'N 117' 57.230'W 200
10 33- 34.902'N 118' 02.081'W 62 68' 33- 34.848'N 118' 00.694'W 52
12- 33' 34.385'N 117' 59.054'W 58 69' 33' 34.794'N 118' 00.465'W 52
13 33' 35.307'N 118' 02.944'W 59 70' 33' 34.736'N 118' 00.183'W 52
17 33' 33.961'N 118' 00.187'W 91 71• 33' 34.687'N 117' 59.939'W 52
18 33' 34.064'N 118' 00.750'W 91 72•" 33' 34.674'N 118' 01.146'W 55
20 33- 34.599'N 118' 02.229'W 100 73 ° 33- 34.596'N 118' 00.709'W 55
21 33' 35.313'N 118' 01.891'W 44 74- 33' 34.616'N 118' 00.230'W 57
22 33' 35.204'N 117' 59.028'W 45 75- 33' 34.559'N 117' 59.974'W 60
23 33' 33.968'N 117' 59.147'W 100 76'• 33' 34.459'N 118' 00.297'W 58
24 33' 33.563'N 118' 01.140'W 200 77•b 33' 34.373'N 117' 59.730'W 60
25 33' 33.924'N 118' 02.176'W 200 78- 33- 34.329'N 118' 00.036'W 63
27 33' 33.326'N 117' 59.708'W 200 79' 33' 34.383'N 118' 00.876'W 65
29 33' 35.033'N 118' 03.113'W 100 80' 33' 34.324'N 118' 00.662'W 65
30 33' 35.493'N 118' 02.899'W 46 at- 33' 34.263'N 118' 00.362'W 65
33 33' 34.349'N 117' 57.866'W 100 82- 33' 34.207'N 118' 00.077'W 65
36 33' 35.308'N 117' 57.495'W 45 83 33' 34.239'N 118' 01.414'W 100
37 33' 34.832'N 117' 57.369'W 56 84' 33' 34.648'N 118' 00.5 T W 54
38 33' 34.634'N 117' 57.317'W 100 85- 33' 34.532'N 118' 00.679'W 57
39 33' 33.283'N 117' 58.531'W 200 86. 33' 34.560'N 118' 00.802'W 57
40 33' 32.496'N 117' 59.775'W 303 87- 33- 34.401'N 118- 00.380'W 60
41 33' 32.690'N 118' 01.149'W 303 C° 33' 35.799'N 118' 03.855'W 56
42 33' 33.098'N 118' 02.59B'W 303 C2 33' 36.125'N 117' 56.014'W 56
44 33' 34.586'N 118' 05.422'W 241 C4 33' 35.056'N 117' 55.833'W 187
55 33' 36.739'N 118' 05.413'W 40 C5 33' 33.920'N 117' 55.620'W 296
56 33' 35.665'N 118' 05.417'W 100 Control 1'° 33' 36.037'N 118' 05.387'W 59
57 33- 34.970'N 118' 05.418'W 200 ZB b 33' 34.545'N 118' 00.274'W 56
Semi-annual station.
"Sediment toxicity station(winter only).
All other stations were sampled annually.
A.5
Table A-2. Sampling dates during 2014-15.
Quarter Date Cruise# #of days Purpose
Water quality
0Ni612014 OC-2014-034 1 Core 28 Beach Grid(Day t)-Ammonium Only
OWWO14 OG2014 37 1 Bight'13 pH
Idea 010 OC-2014-038 1 Cora 28 Station Odd(Day 2)
08107I2014 OC-2014-03g 1 Central Bight Gnd
Summer 081142014 OC-2014 0 1 REC-1(Day 1)
081IMO14 OG2014 41 1 REC-1(Day 2)
01 01 1 REC-1(Day 3)
08125U91=014 00-2014-03 3 Bight'13 Nutrients Process
09A)M014 OG2014 6 1 Core 28 Station Grid(Day 3)
10/022014 OG2014 8 1 Core 28 Station Grid(Day 1)
f0@22014 00-2014 50 1 REC-1(Day 1)
11I042014 OP2014053 1 Blghrl3 pH
111052014 OC-201"M 1 Core 28 Station Grid(Day 2)
Fall
11106/2014 0P20ri 1 General Bight Odd
11I122014 00-2014-056 1 REC-1(Day 2)
111132014 OP2014 57 1 REC-1(Day 3)
1VIOM14 OG2014 1 1 Core 28 Station Grid(Day 3)-Ammonium Only
01/202015 00-2015 04 1 Core 28 Beach Odd(Day 1)
OM=015 OC-2015-005 1 Core 28 Station Grid(Day 2)
OM42015 OG2015 06 1 Central Bight Grid
021052015 0P2015-00] 1 REC-1(Day 1)
Winter 00112015 00-2015 08 1 Bight'13 all
OM9I2015 0P2015A 9 1 REC-1(Day 2)
021102015 OG-2015-010 1 REC-1(Day 3)
031262015 0C-2015 13 1 Core 28 Borden Odd(Day 3)-Ammonium Only
0311"M312015 OC-2015-014 2 Bldi Nutrients Process
0421I2015 OC-2015-017 1 Core 28 Station Grid(Day 1)-Ammonium Only
04222015 01 1 REC-1(Day 1)+Disinfection Cessation
"1232015 OC-2015-019 1 REC-1(Day 2)+Disinfection cessation
05A)W015 01 1 Core 28 Station One!(Day 2)-Ammonium Only
05101 OC-2015A21 1 Central Bight Gdtl
Stiing
05I05I2015 OC-201S022 1 REC-1(Day 3)+Disinfection Cessation
05/182015 OC-2015A23 1 REC-1(Day 4)+massacred Cessation
051192015 OG2015-024 1 REC-1(Day 5)+Disinfection Cessation
05272015 OG-2015-025 1 Bight'13 pH
061112015 OC-2015 30 1 Core 28 Station Gnd(Day 3)-Ammonium Only
Table A-2 Continues.
in the south. Data were collected using CTDs within a fixed-grid pattern comprising 216
stations during a targeted 3 to 4 day period. Parameters measured included pressure, water
temperature, conductivity, DO, pH, chlorophyll-a, CDOM, and water clarity. Profiling was
conducted from the surface depth to 2 m from the bottom or to a maximum depth of 100 m.
Sampling and analytical methods were the same as those presented in Table A-3.
A.6
Table A-2 Continued.
Quarter Date Cruise# I #of days Purpose
Sediment and Innate
0]/08-0]I0912014 O -2014-032 2 Core Semi-annual Benlhic
Summer
0]/10-0]It&2014 OC-2014-033 3 Core Annual Benlhic
01I06-OlM2015 M-2015-001 2 Core Semi-annual Benthlc
Winter
03I262015 O -2015-016 1 Toxicity Samples only
Trawls
0]22-0]12312014 O -2014-035 2 Core Semiannual
summer
0]/1]-0]Y23I2014 OC-2014-038 3 Core Annual
Winter 0121-01QW2015 OC-2015-002 3 Core Semi-annual
Rig Fishing
Fall 101272014 O -2014-051 1 Pil.t Study
Winter 01R7-01QW2015 M-2015-003 2 Cn.Annual
Current Meters and Moorings
0811=014 O -2014-047 1 TRBM/ADCP Recovery(M1a M1%&M21)
Sumer
MIN12014 M-2014-045 1 Thermistor Mooring Recovery(MIS&M21)
Winter 02/242015 OC-2015-011 1 Thermistor Moorng DeplWment(M18&M21)
002WO15 O -2015-012 1 TRBM/ADCPDeployment(M1a M19,&M21)
MM2015 O -2015-026 1 TRBM/ADCPR..myRiedeploymenl(M18)
Spring 08I182015 M-2015-027 1 TRBM/ADCP RecoveryRiedeployment(M21)
Nearshore Zone
Regional nearshore (surizone) FIB samples were collected 1-2 days per week at a total of
38 stations (Figure 2-1, Table A-1). When creek/storm drain stations Flowed to the ocean,
3 bacteriological samples were collected at the source, 25 yards downcoast, and 25 yards
upcoast. When flow was absent, a single sample was collected 25 yards downcoast.
Samples were collected in ankle-deep water, with the mouth of the sterile bottle facing an
incoming wave but away from both the sampler and ocean bottom. After the sample was
taken, the bottle was tightly capped and promptly stored on ice in the dark. The occurrence
and size of any grease particles at the high tide line were also recorded. Laboratory analysis
of FIB samples began within 6 hours of collection.
Laboratory Methods
Laboratory analyses of N H3-N and bacteriology samples followed methods listed in Table A-3.
Quality assurance/quality control (QA/QC) procedures included analysis of laboratory blanks
and duplicates. All data underwent at least 3 separate reviews prior to being included in the
final database used for statistical analysis, comparison to standards, and data summaries.
Data Analyses
Raw CTD data were processed using both SEASOFT(2014b)and third party (IGODS 2012)
software. The steps included retaining downcast data and removing potential outliers,
i.e. data that exceeded specific criteria limits. Flagged data were removed if they were
considered to be due to instrument failures,electrical noise(e.g.,large data spikes),or physical
interruptions of sensors (e.g., by bubbles) rather than by actual oceanographic events. After
A.7
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outlier removal, averaged 1 m depth values were prepared from the downcast data; if there
were any missing 1 m depths, then the upcast data were used as a replacement. CTD and
discrete data were then combined to create a single data file that contained all sampled
stations for each survey day.
Compliance Determinations
Water quality compliance was assessed based on: (1) specific numeric criteria for DO, pH,
and FIB; and (2) narrative (non-numeric) criteria for transmissivity, floating particulates, oil
and grease, water discoloration, beach grease, and excess nutrients. Station locations
were defined as either Zone A (2 innermost, alongshore transacts) or Zone B (2 outermost,
alongshore transacts) as shown in Figure A-1. Compliance evaluations for DO, pH, and
transmissivity were based on statistical comparisons to the corresponding Zone A or Zone
B reference station located upcurrent of the outfall (OCSD 1999). FIB compliance used
corresponding COP bacterial standards at each REC-1 station. The remaining compliance
determinations were completed based on presence/absence and level of potential effect at
each station.
Dissolved Oxygen, pH. and Transmissivity
For each survey, the depth of the pycnocline layer, if present, was calculated for each
station using temperature and salinity data. The pycnocline is defined as the depth layer
where stability is greater than 0.05 kg/m' (Officer 1976). Data for each station and numeric
compliance parameter (transmissivity, DO, and pH) were binned by water column stratum:
above, within, or below the pycnocline. When a pycnocline was absent, data were binned
into the top, middle, or bottom third of the water column for each station. Mean values for
each parameter were calculated by stratum and station. The number of observations usually
differed from station to station and survey to survey due to different water and pycnocline
depths. The selection of appropriate reference stations (i.e., upcoast or downcoast)for each
survey day were determined based on available current measurements and the presence
or absence of typical plume "signals" (e.g., elevated NH3-N, FIB, and CDOM). If the choice
of a reference station is indeterminate, then the data is analyzed twice using both upcoast
and downcoast reference stations. Once reference stations were determined, the data were
analyzed using in-house MATLAB (2007) routines to calculate out-of-range occurrences
(OROs)for each sampling date and parameter. These OROs were based on comparing the
mean data by stratum and station with the corresponding reference station data to determine
whether the following COP criteria were exceeded:
Dissolved oxygen: cannot be depressed >10% below the mean;
pH: cannot be greater than t0.2 pH units of the mean; and
Natural light (defined as transmissivity): shall not be significantly reduced, where
statistically different from the mean is defined as the lower 95% confidence limit.
In accordance with permit specifications, the outfall station (2205) was not included in the
comparisons because it is within the zone of initial dilution (ZID).
To determine whether an ORO was out-of-compliance (OOC), distributional maps were
created that identified the reference stations for each sampling date and location of each
ORO, including which stratum was out of range. Each ORO was then evaluated to determine
A.9
if it represented a logical OOC event. These evaluations were based on: (A) evaluation of
the wastewater plume location relative to depth using a combination of temperature, density,
salinity, CDOM, and when available, FIB and NH3-N; (B) evaluation of features in the water
column relative to naturally occurring events (i.e., high chlorophyll-a due to phytoplankton);
and (C) unique characteristics of some stations that may not be comparable with permit-
specified reference stations (2104/2105 or 2404/2406) due to differences in water depth
and/or variable oceanographic conditions. For example, Zone A stations (2103, 2203, 2303,
and 2403) are located at shallower depths than reference Station 2104. Waves and currents
can cause greater mixing and resuspension of bottom sediments at shallower stations under
certain conditions (e.g., winter storm surges). This can result in naturally decreased water
clarity (transmissivity) that is unrelated to the wastewater discharge. An ORO can be in-
compliance if, for example, a downcurrent station is different from the reference, but no
intermediate (e.g., nearfield) stations exhibited OROs.
Once the total number of DOC events was summed by parameter, the percentage of OROs
and OOCs were calculated according to the total number of observations. In a typical year,
Zone A has a total of 504 possible comparisons if 14 stations (not including the reference
station) and 3 strata over 12 survey dates per year are used. For Zone B, 432 comparisons
are possible from 12 stations (not including the reference station), 3 strata, and 12 sampling
dates. The total combined number of ORO and OOC events was then determined by
summing the Zone A and Zone B results. If not all of the strata are present or additional
surveys are conducted, the total number of comparisons in the analysis may be more or less
than the total number of comparisons possible (936).
Fecal Indicator Bacteria (FIB)
FIB counts at individual REC-1 stations were averaged per survey and compliance for each
FIB was determined using the following COP criteria (SWRCB 2010):
30-day Geometric Mean
• Total coliform density shall not exceed 1,000 per 100 mL.
• Fecal coliform density shall not exceed 200 per 100 mL.
• Enterococci density shall not exceed 35 per 100 mL.
Single Sample Maximum
• Total coliform density shall not exceed 10,000 per 100 mL.
• Fecal coliform density shall not exceed 400 per 100 mL.
• Enterococci density shall not exceed 104 per 100 mL.
• Total coliform density shall not exceed 1,000 per 100 mL when the fecal coliform/
total coliform ratio exceeds 0.1.
Additionally, the District's permit includes the following USEPA Primary Recreation Criteria
for Enterococcus (EPA 1994a).
• 30-day geometric mean: Density less than 35 per 100 mL.
• Single sample: Density less than 104 per 100 mL for designated bathing beaches.
• Single sample: Density less than 158 per 100 mL for moderate use.
• Single sample: Density less than 276 per 100 mL for light use.
• Single sample: Density less than 501 per 100 mL for infrequent use.
A.10
For purposes of this report, compliance with the EPA criteria was based on infrequent use.
Determinations of fecal coliform compliance were accomplished by multiplying E. coli data by
1.1 to obtain a calculated fecal coliform value.
There are no compliance criteria for FIB at the nearshore stations. Nevertheless, FIB data
were given to the Orange County Health Agency (who follows State Department of Health
Service AB411 standards) for the Ocean Water Protection Program (http://ocbeachinfo.
com/), and are briefly discussed in Chapter 2.
Nutrients and Aesthetics
Compliance for floating particulates, oil and grease, and water discoloration were determined
based on presence/absence at the ocean surface for each station. Compliance with the
excess nutrient criterion was based on evaluation of NH3-N compared to COP objectives
for chronic (4 mg/L) and acute (6 mg/L) toxicity to marine organisms. Compliance was
also evaluated by looking at potential spatial relationships between NH3-N distribution and
phytoplankton (using chlorophyll-a fluorescence).
SEDIMENT GEOCHEMISTRY MONITORING
Field Methods
Sediment samples were collected for geochemistry analyses from 29 semi-annual stations in
July 2014 (summer) and in January 2015 (winter) as well as from 39 annual stations in July
2014 (Figure 2-2, Tables A-1, A-2, and A-4). In addition, 3 L of sediment was collected from
9 stations in March 2015 for sediment toxicity testing (Tables A-1 and A-2). Each station was
assigned to 1 of 6 station groups: (1) Middle shelf Zone 1 (31-50 m); (2) Middle shelf Zone
2, within-ZID (51-90 m); (3) Middle shelf Zone 2, non-ZID (51-90 m); (4) Middle shelf Zone 3
(91-120 m); (5) Outer shelf(121-200 m); and (6) Upper slope/Canyon (201-500 m). In the
Compliance Determinations Chapter, the Middle shelf Zone 2, within- and non-ZID station
groups are simply referred to as within-ZID and non-ZID stations, respectively.
A single sample was collected at each station using a paired 0.1 m2 Van Veen grab sampler
deployed from the MN Nerissa. All sediment samples were qualitatively and quantitatively
assessed for acceptability prior to processing. Samples were deemed as acceptable if they
had a minimum depth of 5 cm. However, if 3 consecutive sediment grabs each yielded a
depth of<5 cm at a station, then the depth threshold was lowered to 54 cm. The top 2 cm of
the sample was transferred into containers and resealable plastic bags using a stainless steel
scoop. The sampler and scoop were rinsed thoroughly with filtered seawater prior to sample
collection. All sediment samples were transported on wet ice to the laboratory. Sample
storage and holding times followed specifications in the District's Environmental Laboratory
and Ocean Monitoring Standard Operating Procedures (ELOM SOP) (OCSD 2015; Table
A-5). Sediment grain size, total organic carbon (TOC), total nitrogen, and total phosphorus
samples were subsequently transferred to local and interstate laboratories for analysis (see
Appendix C). All sample transfers were conducted and documented using required chain of
custody protocols through the Laboratory Information Management Systems(LIMS)software.
A.11
Table A-0. Sediment geochemistry and Infaunal sampling summary for 2014-15.
Stations Sampling Frequency Parameters
Infauna
Metals
Mercury
Grain Size
Total DDT
0,1,3,4,5,912,68,69, Total Nitrogen
70,71,72,73,74,75,76, Semi-annual Total Phosphorus
77,78,79,80,81,82, 84, (summer and winter) Sediment Toxicity'
85,86,87,C,CON,ZB Dissolved Sulfides
Total Organic Carbon
Total Linear Alkylbenzenes2
Total Chlorinated Pesticides
Total Polychlorinated Biphenyls
Total Polycyclic Aromatic Hydrocarbons
Infauna
Metals
Mercury
7,8, 10,13.17,18,20,21, Grain Size
22,23.24,25,27,29,30. Total DDT
33,36.37,38,39,40,41. Annual Total Nitrogen
42,44,55,56,57,58,59. (summer only) Total Phosphorus
60,61.62,63,64,65,83. Dissolved Sulfides
C2,C4,C5 Total Organic Carbon
Total Linear Alkylbenzenes
Total Chlorinated Pastures
Total Polychlorinated Biphenyls
Total P0lycyclic Aromatic Hydrocarbons
'Conducted on selected winter samples only.
2Analyzed in summer samples only.
Laboratory Methods
Sediment chemistry and grain size samples were processed and analyzed using the methods
listed in Table A-5. The measured sediment chemistry parameters are listed in Table A-6.
Method blanks, analytical quality control samples (duplicates, matrix spikes, and blank
spikes), and standard reference materials were prepared and analyzed with each sample
batch. Total linear alkylbenzenes (total LAB), total polychlorinated biphenyls (total PCB), and
total polycyclic aromatic hydrocarbons (total PAH)were calculated by summing the measured
value of each respective constituent listed in TableA-6. Total dichlorodipheynitrichloroethane
(total DDT) represents the summed values of 4,4'-DDMU and the 2,4- and 4,4'-isomers of
DDD, DDE, and DDT, and total chlorinated pesticides (total Pest) represents the summed
values of 13 chlordane derivative compounds plus dieldrin.
Sediment toxicity, following EPA-recommended methods (EPA 1994b), was conducted using
the 10-day Eohaustorius estuarius amphipod survival test. Amphipods were exposed to test
and home (control) sediments, and the percent survival in each was determined.
A.12
Table A-5. Sediment collection and analysis summary during 2014-15.
Parameter Container Preservation Holding Time Method
Dissolved Sulfides HDPE container Freeze 6 months ELOM SOP 4500-S G Rev.B
Grain Size Plastic bag 4°C 6 months Plumb(1981)
Mercury Amber glass jar Freeze 6months ELOM SOP 245.1 B Rev.F
Metals Amber glass jar Freeze 6 months ELOM SOP 200.813_SED Rev E
Sediment Toxicity HOPE container 4°C 2 months ELOM SOP B810
Total Chlorinated Pesticides Glassjar Freeze 6 months ELOM SOP 8000-SPP
Total DDT Glassjar Freeze 6months ELOM SOP 8000-SPP
Total Linear Alkylbenzenes Glassjar Freeze 12 months ELOM SOP 8000-1AB
Total Nitrogen Glassjar Freeze 6 months EPA 351.210 and 353.2M'
Total Organic Carbon Glassjar Freeze 6months EPA 9060`
Total Phosphorus Glassjar Freeze 6months EPA 60106'
Total Polychlorinated Biphenyls Glassjar Freeze 6 months ELOM SOP 8000-SPP
Total Polycyclic Aromatic Hydrocarbons Glassjar Freeze 6 months ELOM SOP 8000-SPP
'Available online at v .epauov.
Data Analyses
All analytes that were undetected (i.e., value below the method detection limit) are reported
as NO (not detected) in Tables 2-3 to 2-6. Further, an NO value was treated as zero for
calculating a mean analyte concentration; however, if a station group contained all NDs
for a particular analyte, then the mean analyte concentration is reported as ND. Sediment
contaminant concentrations were evaluated against sediment quality guidelines known as
Effects Range-Median (ERM) (Long et al. 1998). The ERM guidelines were developed for
the National Oceanic and Atmospheric Administration (NOAA) National Status and Trends
Program (NOAA 1993)as non-regulatory benchmarks to aid in the interpretation of sediment
chemistry data and to complement toxicity, bioaccumulation, and benthic community
assessments (Long and MacDonald 1998). The ERM is the 50th percentile sediment
concentration above which a toxic effect frequently occurs (Long at al. 1995), and as such
an ERM exceedance is considered a significant potential for adverse biological effects. Data
analysis consisted of summary statistics and qualitative comparisons only.
Toxicity threshold criteria applied in this report were consistent with those of the Water Quality
Control Plan for Enclosed Bays and Estuaries — Part 1 Sediment Quality (Bay at al. 2009,
SWRCB 2009). Stations with statistically different(p<0.05) survival rates when compared to
the control, determined by a two sample t-test, were categorized as nontoxic when survival
was 90-100% of the control, lowly toxic when survival was 82-89% of the control, and
moderately toxic when survival was 59-81% of the control. Stations with not statistically
different (p>0.05) survival rates when compared to the control were Categorized as nontoxic
when survival was 82-100% of the control and lowly toxic when survival was 59-81% of the
control. Any station exhibiting survival less than 59%of the control was categorized as highly
toxic.
A.13
Table A-6. Parameters measured in sediment samples during 2014.15.
Metals
Antimony Cadmium Lead Selenium
Arsenic Chromium Mercury Silver
Barium Copper Nickel Zinc
Beryllium
Chlorinated Pesticides
Chlordane Derivatives and Dieldrin
Aldrin Endosulfan-alpha gamma-BHC Hexachlorobenzene
cis-Chlordane Endosulfan-bete Heptachlor Mirex
trans-Chlordane Endosulfansulfate Heptachlorepoxide trans-Nonachlor
Dielddn Enddn
DDT Denvatives
2,4'-DDD(o,p'-DDD) 2,4'-DDE(o,p'-DDE) 2,4'-DDT(o,p'-DDT) 4,4'-DDMU
4,4'-DDD(p,p=DDD) 4,4'-DDE(p,p'-DDE) 4,4'-DDT(p,p'-DDT)
Polychlorinated Biphenyl(PCB)Congeners
PCB 18 PCB 81 PCB 126 PCB 170
PCB 28 PCB 87 PCB 128 PCB 177
PCB 37 PCB 99 PCB 138 PCB 180
PCB 44 PCB 101 PCB 149 PCB 183
PCB 49 PCB 105 PCB 151 PCB 187
PCB 52 PCB 110 PCB 153/168 PCB 189
PCB 66 PCB 114 PCB 156 PCB 194
PCs 70 PCs 118 PCB 157 PCs 201
PCB 74 PCB 119 PCB 167 PCB 206
PCs 77 PCB 123 PCB 169
Polycyclic Aromatic Hydrocarbon(PAH)Compounds
Acenaphthene Benzo[g,h,]perylene Fluorene 2-Methylnaphthalene
Acenaphthylene Senzo[k]fluoranmene Indeno[1,2,3c,d]pyrene 2,6-Dimethylnaphthalene
Anthracene Biphenyl Naphthalene 1,6,7-Tdmethylnaphthalene
Benzla]anthmcene Chrysene Perylene 2,3,6-Tnmethylnaphthalene
Benzo[a]pyrene Dibenz[a,h]anthracene Phenanthmne 1-Methylphenanthrene
Benzo[b]fluoranthene Dibenzolhiophene Pyrene
Benzo[e]pyrene Flumanthene 1-Methylnaphthalene
Linear Alkylbenzenes'
2-Phenyldecane 5-Phenyldodecane 7-Phenyltetradecane 3-Phenylundecane
3-Phenyldecane 6-Phenyldodecane 2-Phenyltridecane 4-Phenylundecane
4-Phenyldecane 2-Phenylletradecane 3-Phenyltridecane 5-Phenylundecane
5-Phenyldecane 3-Phenyltetradecane 4Phenyltridecane 6-Phenylundecane
2-Phenyldodecane 4-Phenyltetradecane 5-Phenyltridecane
3-Phenyldodecane 5-Phenyltetradecane 7.6-Phenyltridecane
4-Phenyldodecane 6-Phenyltetrademne 2-Phenylundecane
Other Parameters
Dissolved Sulfides Total Nitrogen Total Organic Carbon Total Phosphorus
Grain Size
'Analyzed in summer samples only.
A.14
BENTHIC INFAUNA MONITORING
Field Methods
The infaunal community was monitored by collecting 1 sediment sample, concurrently with
sediment geochemistry samples, from 29 semi-annual stations in July 2014 (summer)and in
January 2015 (winter)as well as from 39 annual stations in July 2014 (Figure 2-2, TablesA-1,
A-2, and A-4). The purpose of the semi-annual surveys was to determine long-term trends
and potential effects along the 60 m depth contour, while the annual survey was conducted
primarily to assess the spatial extent of the influence of the effluent discharge. Each station
was assigned to 1 of 6 depth categories as described above in the sediment geochemistry
field methods section. The Middle shelf Zone 2, within- and non-ZID stations are simply
referred to as within-ZID and non-ZID stations, respectively, in Chapter 2.
All infauna sediment samples were qualitatively and quantitatively assessed for acceptability
prior to processing as described above in the sediment geochemistry field methods section.
Each acceptable sample was gently washed with filtered seawater through a 1.0 mm sieve.
Retained organisms were rinsed into 1 L plastic containers and anesthetized with 7%
magnesium sulfate for approximately 30 minutes. To fix the animals, full strength buffered
formaldehyde was then added to achieve a 10%, by volume, solution and returned to the
laboratory.
Laboratory Methods
After 3-10 days in formalin,samples were rinsed with water and transferred to 70%ethanol for
long-term preservation. Samples were sent to Marine Taxonomic Services, Inc. (San Marcos,
CA)to be sorted to 5 major taxonomic groups, Polychaeta, (worms), Mollusca (snails, clams,
etc.), Arthropoda (shrimps, crabs, etc.), Echinodermata (sea stars, sea urchins, etc.), and
miscellaneous phyla (Cnidaria, Nemertea, etc.). Removal of organisms from the sediment
samples was monitored to ensure that at least 95% of all organisms were successfully
separated from the sediment matrix (see Appendix C). Upon completion of sample sorting,
the major taxonomic groups were distributed for identification and enumeration (Table A-7).
Taxonomic differences were resolved and the database was edited accordingly(see Appendix
C). Species names used in this report follow those given in Cadien and Lovell (2014).
Table A-7. Benlhic infauna sample distribution for 2014.15.
Taxonomic Groups
Ouaner Survey Annelids Arthropods Molluscs Echinudennata Misc.Phyla
OCSD Contractor OCSD Contractor OCSD Contractor OCSD CDntractar OCSD Contractor
Summer 2014 Smnn smmual 24 5 29 0 0 29 15 14 15 14
Summer 2014 Annual 33 8 39 0 0 39 20 19 20 19
Winner 2015 Semi-annual 25 4 29 0 0 29 0 29 0 29
A.15
Data Analyses
Infaunal community data were analyzed to determine if populations outside the ZID were
affected by the outfall discharge. Six community measures were used to assess infaunal
community health and function: (1) total number of species (richness), (2) total number of
individuals (abundance), (3) Shannon-Wiener Diversity (H'), (4) Swartz's 75% Dominance
Index (SDI), (5) Infaunal Trophic Index (ITI), and (6) Benthic Response Index (BRI). H'was
calculated using loge (Zar 1999). SDI was calculated as the minimum number of species
with combined abundance equal to 75% of the individuals in the sample (Swartz 1978).
SDI is inversely proportional to numerical dominance, thus a low index value indicates high
dominance (i.e., a community dominated by a few species). The ITI was developed by Word
(1978, 1990) to provide a measure of infaunal community"health" based on a species' mode
of feeding (e.g., primarily suspension vs. deposit feeder). ITI values greater than 60 are
considered indicative of a"normal"community,while 30-60 represent a"changed"community,
and values less than 30 indicate a "degraded" community. The BRI measures the pollution
tolerance of species on an abundance-weighted average basis (Smith et al. 2001). This
measure is scaled inversely to ITI with low values (<25) representing reference conditions
and high values (>72) representing defaunation or the exclusion of most species. The
intermediate value range of 25-34 indicates a marginal deviation from reference conditions,
35-44 indicates a loss of biodiversity, and 45-72 indicates a loss of community function.
The ITI and BRI were not calculated for stations >200 m in depth following recommendations
provided by Word (1978) and Ranasinghe et al. (2012), respectively. The BRI was used to
determine compliance with NPDES permit conditions, as it is a commonly used southern
California benchmark for infaunal community structure and was developed with the input of
regulators (Ranasinghe et al. 2007, 2012).
The presence or absence of certain indicator species (pollution sensitive and pollution
tolerant) was also determined for each station. The presence of pollution sensitive species,
i.e., Amphiodia urtica (brittlestar) and amphipod crustaceans in the genera Ampelisca and
Rhepoxynius,typically indicates the existence of a healthy environment,while the occurrence
of large numbers of pollution tolerant species, i.e., Capitella capitata Cmplx(polychaete), may
indicate stressed or organically enriched environments. Patterns of these species were used
to assess the spatial and temporal influence of the wastewater discharge in the receiving
environment.
PRIMER v6(2001)multivariate statistical software was used to examine the spatial patterns of
infaunal invertebrate communities at the Middle shelf Zone 2 stations. The other stations were
excluded from the analyses, as Clarke and Warwick (2001) advocated that clustering is less
useful and may be misleading where there is a strong environmental forcing, such as depth.
Analyses included (1) ordination clustering of the data using non-metric multidimensional
scaling (nMDS), (2) hierarchical clustering with group-average linking based on Bray-Curtis
similarity indices, and (3) similarity profile (SIMPROF) permutation tests of the clusters. Prior
to the calculation of the Bray-Curtis indices, the data were 4th-root transformed in order
to down-weight the highly abundant species and to incorporate the less common species
(Clarke and Warwick 2001).
A.16
TRAWL COMMUNITIES MONITORING
Field Methods
Demersal fishes and epibenthic macroinvertebrates (EMIs) were collected in the summer
(July) of 2014 and the winter (January) of 2015. Sampling was conducted at 15 stations:
Inner shelf (18 m) Station TO; Middle shelf Zone 1 (36 m) Stations T2, T24, T6, and T18;
Middle shelf Zone 2 (60 m) Stations T23, T22, T1, T12, T17, and T11; and Outer shelf (137
m)Stations T10,T25,T14, and T19(Figure 2-3,Tables A-1 and A-2). Only Middle shelf,Zone
2 stations were sampled in both summer and winter; the remaining stations were sampled
in summer only. Station TO was sampled to maintain the long-term abundance records of
fishes and EMIs at this site. Data for this historical station are not discussed in this report,
however.
One trawl was conducted from the MN Nerissa at each station using a 7.6 m (25 ft) wide,
Marinovich, semi-balloon otter trawl (2.54 cm mesh)with a 0.64 cm mesh cod-end liner,an 8.9
m chain-rigged foot rope,and 23 m long trawl bridles following regionally adopted methodology
(Mearns and Allen 1978). The trawl wire scope varied from a ratio of approximately 5:1 at the
shallowest stations to approximately 3:1 at the deepest station. To minimize catch variability
due to weather and current conditions, which may affect the bottom-time duration of the
trawl, trawls generally were taken along a constant depth at each station, and usually in the
same direction.
Established trawl QA/QC methods for southern California were used (see Appendix C).
Station locations and trawling speeds and paths were determined using Global Positioning
System (GPS) navigation. Trawl depths were determined using an attached Sea-Bird
Electronics SBE 39 pressure sensor on 1 of the trawl boards.
Upon retrieval of the trawl net, the contents (fishes and EMIs)were emptied into a large flow-
through water tank and then sorted by species into separate containers. Fish bioaccumulation
specimens were counted, recorded, and removed for processing (see below).The remaining
fish specimens were processed as follows: (1)a minimum of 15 randomly selected specimens
of each species were weighed to the nearest gram and measured individually to the nearest
millimeter (standard length); and (2) if a haul sample contained substantially more than 15
individuals of a species, then the excess specimens were enumerated in 1 cm size classes
and a bulk weight was recorded. All fish specimens were examined for abnormalities such as
external tumors, lesions, parasites, and skeletal deformities. EMIs were sorted to species,
counted, and batch weighed. In the event of a large haul of a single invertebrate species
(n>100), 100 individuals were counted and batch weighed; the remaining animals were batch
weighed and enumerated later by back calculating using the weight of the first 100. Fish and
EMI specimens that required further taxonomic scrutiny were retained for final identification
at a later date.
Laboratory Methods
Specimens for the voucher collection and any animals that could not be identified in the
field were preserved in 10% buffered formalin for subsequent laboratory analysis. A
A.17
representative voucher collection of fishes and EMIs is maintained in the District's Taxonomy
Lab for reference and verification. Species and common names used in this report follow
those given in Page at al. (2013) and Cadien and Lovell (2014).
Data Analyses
Number of species, abundance, biomass, H', and SDI were calculated for both fishes and
EMIs at each station. Pleuroncodes planipes (pelagic red crab) was collected in the winter
survey; however, this species was not included in the calculations as it was mistakenly
neither recorded on all field sheets nor enumerated upon collection. Fish biointegrity in the
District's monitoring area was assessed using the fish response index (FRI). The FRI is
a multivariate weighted-average index produced from an ordination analysis of calibrated
species abundance data (Allen et al. 2001, 2006). FRI scores less than 45 are classified as
reference (normal) and those greater than 45 are non-reference (abnormal or disturbed).
PRIMER (2001) multivariate statistical software was used to examine the spatial patterns of
the fish and EMI assemblages at the Middle shelf Zone 2 stations. The other stations were
excluded from the analyses, as Clarke and Warwick (2001) advised that clustering is less
useful and may be misleading where there is a strong environmental forcing, such as depth.
Analyses included (1)ordination clustering of the data using nMDS, (2) hierarchical clustering
with group-average linking based on Bray-Curtis similarity indices, and (3) SIMPROF
permutation tests of the clusters. Prior to the calculation of the Bray-Curtis indices, the
data were fourth-root transformed in order to down-weight the highly abundant species and
incorporate the importance of the less common species (Clarke and Warwick 2001).
Middle shelf Zone 2 stations were grouped into the following categories to assess spatial,
outfall-related patterns: "outfall" (Stations T22 and T1) and "non-outfall" (Stations T23, T1 2,
T17, and T11).
FISH TISSUE CONTAMINANTS MONITORING
Two demersal fish species, English Sole (Parophrys vetulus) and Hornyhead Turbot
(Pleuronichthys verticalis), were targeted for analysis of muscle and liver tissue chemistry.
Muscle tissue was analyzed because contaminants may bioaccumulate in this tissue and
can be transferred to higher trophic levels. Liver tissue was analyzed because it typically
has higher lipid content than muscle tissue and thus bioaccumulates relatively higher
concentrations of lipid-soluble contaminants that have been linked to pathological conditions
as well as immunological or reproductive impairment (Arkoosh et al. 1998).
Demersal fishes in the families Scorpaenidae (e.g., Vermilion Rockfish and California
Scorpionfish) and Serranidae (e.g., Kelp Bass and Sand Bass) were targeted, as they are
frequently caught and consumed by recreational anglers. As such, contaminants in the
muscle tissue of these fishes were analyzed to gauge human health risk.
Field Methods
The sampling objective for bioaccumulation analysis was to collect 10 individuals each of
English Sole and Hornyhead Turbot at outfall (T1) and non-outfall (T11) stations during the
A.18
January 2015 trawl survey. Likewise, 10 individuals in total of scorpaenid and serranid fishes
were targeted at each outfall (Zone 1) and non-outfall (Zone 3) areas using hook-and-line
fishing gear ("rig fishing") in January 2015 (Figure 2-3, Tables A-1 and A-2). Zone 3 rather
than Zone 2 was fished this monitoring year, as the fishing quota was not met at Zone 2 in
the previous 2 survey periods.
Each fish was weighed to the nearest gram and its standard length measured to the nearest
millimeter; placed in pre-labelled, plastic, re-sealable bags; and stored on wet ice in insulated
coolers. All samples were subsequently transported under chain of custody protocols to the
District's laboratory. Sample storage and holding times (Table A-8)followed specifications in
the District's ELOM SOP (OCSD 2015).
Table A-8. Fish tissue handling and analysis summary during 2014-15.
Parameter Container Preservation Holding Time Method
Arsenic and Selenium Ziplock bag Freeze 6months NS&T(NOAA 1993);EPA 200.8'
Chlorinated Pesticides Ziplock bag Freeze 6 months NS&T(NOAA 1993);EPA 8270"
DDTs Ziplock bag Freeze 6months NS&T(NOAA 1993);EPA 8270'
Lipids Ziplmk bag Freeze N/A EPA 9071 '
Mercury Ziplock bag Freeze 6months EPA 245.6'
Polychlorinated Biphenyls Ziplock bag Freeze 6months NS&T(NOAA 1993);EPA 8270"
N/A=Not Applicable.
Available online at .epa.gov.
Laboratory Methods
Individual fish were dissected in the laboratory under clean conditions. Muscle and liver
tissues were analyzed for various parameters listed in Table A-9 using methods shown in
Table A-8. Method blanks, analytical quality control samples (duplicates, matrix spikes, and
blank spikes), and standard reference materials were prepared and analyzed with each
sample batch. All reported concentrations are on a wet weight basis.
Total dichlorodipheynitrichloroethane (tDDT) represents the summed values of 2,4- and
4,4'-isomers of DDD, DDE, and DDT and 4,4'-DDMU, total polychlorinated biphenyls (tPCB)
represents the summed values of 44 congeners, and total chlordane represents the sum
of 7 derivative compounds (cis- and trans-chlordane, cis- and trans-nonachlor, heptachlor,
heptachlor epoxide, and oxychlordane). Organic contaminant data were not lipid normalized.
Data Analyses
All analytes that were undetected (i.e., value below the method detection limit) are reported
as ND (not detected) in Tables 2-12 and 2-13. Further, an NO value was treated as zero for
calculating a mean analyte concentration; however, if fish tissue samples had all NDs for a
particular analyte, then the mean analyte concentration is reported as ND. Data analysis
consisted of summary statistics (i.e., means and ranges) and qualitative comparisons only.
The U.S. Food and Drug Administration (FDA)action levels for tDDT, tPCBs, methylmercury,
dieldrin and total chlordane (FDA 2011), as well as the State of California Office of
A.19
Table A-9. Parameters measured in fish tissue samples during 2014-15.
Metals
Arsenic Mercury Selenium'
Chlorinated Pesticides
Chlodane Derivatives antl Dieldrin
cis-Chlordane Dieldrin cis-Nonachlor
trans-Chlordane Heptachlor trans-Nonachlor
Oxychlordane Heptachlor epoxide
DDT Derivatives
2,4'-DDD(o,p'-DDD) 4,4'-DDE(p,p'-DDE) 4,4'-DDMU
4,4'-DDD(p,p'-DDD) 2,4'-DDT(o.p'-DDT)
2,4'-DDE(o,p'-DDE) 4,4'-DDT(p,p'-DDT)
Polychlorinated Biphenyl(PCB)Congeners
PCB 18 PCB 101 PCB 156
PCB 28 PCB 105 PCB 157
PCB 37 PCB 110 PCB 167
PCB 44 PCB 114 PCB 169
PCB 49 PCB 118 PCB 170
PCB 52 PCB 119 PCB 177
PCB 66 PCB 123 PCB 180
PCB 70 PCB 126 PCB 183
PCB 74 PCB 128 PCB 187
PCB 77 PCB 138 PCB 189
PCB 81 PCB 149 PCB 194
PCB 87 PCB 151 PCB 201
PCB 99 PCB 153/168 PCB 206
Other Parameter
Lipids
'Analyzed only in rig-fish specimens.
A2O
Environmental Health Hazard Assessment (OEHHA) advisory tissue levels (ATLs) for
selected fish contaminants (Klasing and Brodberg 2008), were used to assess human health
risk.
FISH HEALTH MONITORING
Field Methods
Assessment of the overall health of the fish population is also required by the NPDES
permit. Consequently, all fish samples were visually inspected for large non-mobile external
parasites, lesions, tumors, and other signs of disease (e.g., skeletal deformities). In addition,
any atypical odor and coloration of fish samples were noted.
Data Analyses
Data analysis consisted of summary statistics and qualitative comparisons only.
A.21
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Software and Environmental Consulting. Los Angeles, CA.
Klasing, S. and R. Brodberg. 2008. Development of Fish Contaminant Goals and Advisory Tissue Levels
for common contaminants in California sport fish: Chlordane, DDTs, dieldrin, methylmercury, PCBs,
selenium,and toxaphene. Office of Environmental Health Hazard Assessment,California Environmental
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Long,E.R.and D.D.MacDonald. 1998. Recommended uses of empirically derived,sediment quality guidelines
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A.22
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T"Edition. American Fisheries Society Special Publication 34. 243 p.
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A.24
SUPPORTING DATA
Appendix B
Appendix B
SUPPORTING DATA
Table B-1. Depth-averaged total coliform bacteria counts (MPN/100 mL) collected in offshore
waters and used for comparison with California Ocean Plan Water-Contact(REC-1)
compliance criteria, July 2014 through June 2015.
Meets 30-day Meets Single Meets Single
Station Date Geometric Sample Sample
Mean of Standard of Standard of
110001100 mL <10,000/100 mL 11000/100 mL'
8/6/2014 8/1212014 8/13/2014 8/14/2014 913/2014
2103 <10 <10 <10 <10 10 YES YES YES
2104 <10 10 <10 <10 <10 YES YES YES
2183 <10 <10 <10 <10 11 YES YES YES
2203 <10 <10 <10 <10 <10 YES YES YES
2223 <10 <10 <10 <10 <10 YES YES YES
2303 <10 <10 <10 <10 <10 YES YES YES
2351 <10 <10 <10 <10 <10 YES YES YES
2403 <10 <10 <10 <10 <10 YES YES YES
10/21/2014 1022/2014 1115/2014 1111212014 11113/2014
2103 39 29 40 <10 17 YES YES YES
21N 24 20 32 20 <10 YES YES YES
2183 21 16 222 14 11 YES YES YES
2203 <10 12 117 <10 12 YES YES YES
2223 <10 <10 606 12 <10 YES YES YES
2303 <10 <10 475 10 <10 YES YES YES
2351 <10 <10 168 <10 <10 YES YES YES
2403 <10 <10 88 10 10 YES YES YES
1/20/2015 2/32015 215/2015 2/9/2015 2(10/2015
2103 10 <10 <10 <10 10 YES YES YES
2104 21 <10 <10 36 46 YES YES YES
2183 10 <10 <10 <10 19 YES YES YES
2203 <10 <10 <10 11 <10 YES YES YES
2223 <10 <10 <10 <10 <10 YES YES YES
2303 <10 <10 <10 <10 <10 YES YES YES
2351 <10 <10 <10 <10 <10 YES YES YES
2403 <10 <10 <10 <10 <10 YES YES YES
4122/2015 423/2015 5/5/2015 5/15/2015 5/19/2015
2103 <10 <10 <10 10 11 YES YES YES
2104 <10 <10 16 <10 <10 YES YES YES
2183 <10 <10 11 11 14 YES YES YES
2203 <10 <10 <10 <10 <10 YES YES YES
2223 10 <10 <10 <10 <10 YES YES YES
2303 <10 <10 <10 <10 <10 YES YES YES
2351 <10 <10 <10 <10 <10 YES YES YES
2403 1 <10 <10 <10 <10 <10 YES YES YES
'Standard is based on when the single sample maximum fecal coliform/total coliform ratio>0.1.
B.1
Table B-2. Depth-averaged fecal coliform bacteria counts(MPNI100 mL) collected in offshore
waters and used for comparison with California Ocean Plan Water-Contact(REC-1)
compliance criteria,July 2014 through June 2015.
Meats 30+1ay Meets single sample
Station Date Geometric Mean standard of
2001100 mL �001100 mL
8/6/2014 811212014 8113/2014 811V2014 9=014
2103 <10 <10 <10 <10 <10 YES YES
2104 <10 10 <10 <10 <10 YES YES
2183 <10 <10 00 <10 <10 YES YES
2203 <10 <10 00 <10 <10 YES YES
2223 <10 <10 00 <10 <10 YES YES
2303 <10 <10 <10 <10 <10 YES YES
2351 <10 <10 <10 <10 <10 YES YES
2403 <10 <10 <10 <10 <10 YES YES
10121 Q O 14 10/22/2014 11/5/2014 1111=014 1111=014
2103 12 <10 10 <10 <10 YES YES
2104 <10 16 <10 <10 <10 YES YES
2183 10 <10 <10 <10 <10 YES YES
2203 <10 <10 11 <10 00 YES YES
2223 00 <10 15 00 00 YES YES
2303 00 <10 12 00 00 YES YES
2351 00 <10 <10 00 <10 YES YES
2403 <10 <10 <10 00 <10 YES YES
1/20/2015 21=015 2/M015 V912015 V1012015
2103 <10 <10 C0 <10 <10 YES YES
2104 <10 <10 00 12 24 YES YES
2183 00 <10 00 <10 <10 YES YES
2203 00 <10 00 <10 <10 YES YES
2223 <10 <10 C0 <10 <10 YES YES
2303 00 <10 00 <10 <10 YES YES
2351 <10 CO C0 <10 <10 YES YES
2403 <10 CO C0 <10 <10 YES YES
4/22/2016 412312016 SM2015 6118/2015 61191201E
2103 00 00 <10 00 00 YES YES
21U <10 00 11 00 00 YES YES
2183 <10 00 <10 <10 11 YES YES
2203 <10 00 <10 <10 00 YES YES
2223 <10 00 <10 <10 00 YES YES
2303 <10 00 <10 <10 00 YES YES
2351 <10 00 <10 <10 00 YES YES
2403 00 <10 <10 <10 <10 YES YES
B.2
Table B-3. Depth-averaged enterococci bacteria counts (MPN/100 mL)collected in offshore
waters and used for comparison with California Ocean Plan Water-Contact(REC-1)
compliance criteria and EPA Primary Recreation Criteria in Federal Waters, July 2014
through June 2015.
Meets COP Meets COP Meets EPA
3
Station Date Geometric single sample single sample
Mean of standard of standard of
535/100 mL 11091100 mL <501/100 mL`
8/6/2014 8/1212014 8M ML014 W1412014 9/3M8014
2103 <10 <10 <10 <10 <10 YES YES YES
2104 <10 <10 <10 <10 <10 YES YES YES
2183 00 00 00 00 00 YES YES YES
2203 <10 <10 00 <10 <10 YES YES YES
2223 10 <10 <10 <10 <10 YES YES YES
2303 <10 00 <10 <10 <10 YES YES YES
2351 00 00 00 11 00 YES YES YES
2403 <10 <10 00 <10 <10 YES YES YES
10/21/2014 10/22/2014 11/6/2014 11/1212014 11/1312014
2103 <10 <10 00 <10 <10 YES YES YES
2104 00 00 00 00 00 YES YES YES
2183 <10 <10 <10 <10 <10 YES YES YES
2203 <10 <10 <10 <10 <10 YES YES YES
2223 <10 <10 00 <10 <10 YES YES YES
2303 00 00 00 00 00 YES YES YES
2351 <10 <10 <10 <10 <10 YES YES YES
2403 <10 <10 <10 <10 <10 YES YES YES
M012015 2/3/2015 215/2015 2/9/2015 2/10/2015
2103 10 <10 <10 <10 <10 YES YES YES
2104 <10 <10 <10 <10 11 YES YES YES
2183 <10 00 <10 00 00 YES YES YES
2203 00 <10 00 00 <10 YES YES YES
2223 <10 <10 <10 <10 <10 YES YES YES
2303 <10 <10 <10 <10 <10 YES YES YES
2351 00 00 00 00 00 YES YES YES
2403 <10 <10 <10 00 <10 YES YES YES
4ML2J2015 4/23/2015 5/5/2015 5118/2015 5119/2015
2103 <10 <10 <10 <10 <10 YES YES YES
2104 <10 <10 00 <10 <10 YES YES YES
2183 00 00 <10 00 00 YES YES YES
2203 <10 <10 <10 <10 <10 YES YES YES
2223 10 <10 <10 <10 <10 YES YES YES
2303 <10 <10 <10 <10 <10 YES YES YES
2351 <10 <10 <10 00 00 YES YES YES
2403 00 00 <10 00 00 YES YES YES
Standard is based on area of infrequent use.
B.3
Table B-4. Summary of floatable material by station group observed during the 28-station grid
water quality surveys, July 2014 through June 2015.
Station Group
Upcoast Upcoast Nearfield Nearfield Downcoast Downcoast
Offshore Nearshore Offshore Wlthln ZlD Nearshore Offshore Nearshore
Surface Observation 2225,2226 2223,2224 Totals
2305,2306 2303,2304 2208 2205 2203 2204 2105,2106 2103,2104
2353,2354 2351,2352 , 2185,2186 2183,2184
2405,2406 2403,2404
Oil and Grease 0 0 0 0 0 0 0 0
Tresh/Debrls(black tar, 1 2 0 1 0 0 2 6
ash from brush fires)'
Biological Material(kelp) 3 3 1 0 0 2 2 11
Totals 4 5 1 1 0 2 4 17
'Concluded to be not of sewage origin.
Table B-5. Summary of floatable material by station group observed during the REC-1 water
quality surveys,July 2014 through June 2015.
Station Groups
Upcoast within ZID Nearfield Downcoast
Nearshore Nearshore Nearshore
Surface Observation Totals
2223,2224,2303 2103,2104
2304,2351,2352 2205 2203,2204 2183 2184
2403,2404
Oil and Grease 0 0 0 0 0
Trash/Debris(black tar,ash 2 1 0 2 5
from brush fires)'
Biological Material(kelp) 3 0 0 2 5
Totals 5 1 0 4 10
'Concluded to be not of sewage origin.
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QUALITY ASSURANCE/QUALITY CONTROL
Appendix C
Appendix C
QUALITY ASSURANCE/QUALITY CONTROL
INTRODUCTION
This appendix details quality assurance/quality control (QA/QC) information for the collection
and analyses of water quality, sediment geochemistry, tissue chemistry, benthic infauna,
and trawl fish and invertebrate samples for the Orange County Sanitation District's (District)
2014-15 ocean monitoring program.
The Core monitoring program is designed to measure compliance with permit conditions and
for temporal and spatial trend analysis. The program includes measurements of:
• Water quality;
Sediment quality;
• Benthic infaunal community health;
• Fish and macroinvertebrate community health;
• Fish tissue contaminant concentrations (chemical body burden); and
• Fish health (including external parasites and diseases).
The Core monitoring program complies with the District's Quality Assurance Project Plan
(QAPP) (OCSD 2014) requirements and applicable federal, state, local, and contract
requirements. The objectives of the quality assurance program are as follows:
• Scientific data generated will be of sufficient quality to stand up to scientific and
legal scrutiny.
• Data will be gathered or developed in accordance with procedures appropriate for
the intended use of the data.
• Data will be of known and acceptable precision, accuracy, representativeness,
completeness, and comparability as required by the program.
The various aspects of the program are conducted on a schedule that varies weekly, monthly,
quarterly,semi-annually,and annually. Sampling and data analysis are designated by quarters
1 through 4, which are representative of the summer (July—September), fall (October—
December), winter (January—March), and spring (April—June) seasons, respectively. Tables
C-1 and C-2 show that all required samples, excluding those for trawl bioaccumulation, were
collected in 2014-15. Not all required English Sole bioaccumulation samples were collected
at outfall (n=9) and non-outfall (n=2) stations despite the fact that 5 trawls were conducted
at each station.
CA
Table C-1. Ocean monitoring program sample collection requirements and percent completion
for water quality, July 2014—June 2015.
Nominal#of #of Samples Nominal#of QA #of %Samples
Quarter Program Type Parameter Samples Collected Duplicates Duplicates Collected
Collected
CTD Drops 146 146 15 15 100
Summer Water Quality Ammonium 450 450 45 45 100
Bacteria 175 175 N/A N/A 100
CTD Drops 146 146 15 15 100
Fell Water Quality Ammonium 450 450 45 45 100
Bacteria 175 175 N/A N/A 100
CTD Drops 146 146 15 15 100
Winter Water Quality Ammonium 450 450 45 45 100
Bacteria 175 175 N/A N/A 100
CTD Drops 146 146 15 15 100
Spring Water Quality Ammonium 450 450 45 45 100
Bacteria 175 175 N/A N/A 100
'CA samples were collected at 10%of nominal sampling requirement.
N/A=Not Applicable.
Table C-2. Ocean monitoring program sample collection requirements and percent
completion for sediment geochemistry, infauna, sediment toxicity,trawl
community,trawl fish tissue, and sport fish tissue, July 2014June 2015.
Quarter Program Type Target fish Nominal#of #of Samples %Samples
Samples Collected Collected
Sediment Geochemistry N/A 68 68 100
Summer Benthic infauna N/A 68 68 100
TraM Community N/A 14 14 100
Sediment Geochemistry N/A 29 29 100
Senthic infauna N/A 29 29 100
Sediment Toxicity N/A 9 9 100
TraM Community N/A 6 6 100
Winter
Hornyhead Turbot 20 20 100
TmM Fish Tissue
English Sole 20 11 55
Sport Fish Tissue(Zone 1) Rockfish 10 10 100
Sport Fish Tissue(Zone 3) Rockfish 10 10 100
N/A=Not Applicable.
C.2
WATER QUALITY NARRATIVE
Ammonium
Introduction
All ammonium samples were iced upon collection, preserved with 1:1 sulfuric acid upon
receipt by the Environmental Laboratory and Ocean Monitoring (ELOM) laboratory staff, and
stored at 4±2 °C until analysis according to ELOM Standard Operating Procedures (SOPS)
(OCSD 2015).
Analytical Method -Ammonium
The samples were analyzed for ammonium on a segmented flow analyzer using SOP 4500-
NH3 G. In the analysis, sodium phenolate and sodium hypochlorite reacted with ammonium
to form indophenol blue in a concentration proportional to the ammonium concentration in
the sample. The blue color was intensified with the addition of sodium nitroprusside and was
measured at 660 nm.
QA/QC -Ammonium
Atypical sample batch included a blank at a maximum of every 20 samples,a monthly external
reference standard, and a spike in seawater collected from a control site at a maximum
of every 20 samples. One spike and 1 spike replicate were added to the batch every 10
samples. The method detection limit (MDL) for ammonium samples is shown in Table C-3.
All samples were analyzed within the required holding time. All 161 analyses met the QA/QC
criteria for blanks, blank spikes, and external reference sample (Table C4).
Table C-3. Method detection limits (MDLs)for ammonium and bacteria in receiving water,July
2014-June 2015.
Parameter MDL
Ammonium 0.02 mg/L
Total coliform 10 MPN/100 mL
E. coli 10 MPN/100 mL
Enterococci 10 MPN/100 mL
Bacteria
Introduction
All bacteria samples were iced upon collection and stored at <10 °C until analysis following
ELOM SOPS.
Analytical Method
Samples collected offshore were analyzed for bacteria using EnterolertT" for enterococci
and Colilert-18TM for total coliforms and Escherichia coli. Fecal coliforms were estimated
by multiplying the Escherichia coli result by a factor of 1.1. These methods utilize enzyme
substrates that produce, upon hydrolyzation, a fluorescent signal when viewed under long-
C.3
Table C-4. Water quality ammonium QA/QC summary,July 2014-,tune 2015.
Numberof Numberof Target Target
Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision
Tested Passed %Recovery %RPD
Blank 5 5 <2X MDL N/A
Blank Spike 5 5 90-110 N/A
Summer NH3WQ140807-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Dup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Summer NH3WQ140811-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 5 5 <2X MDL N/A
Blank Spike 5 5 90-110 N/A
Summer NH3WQ140812-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Dup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Summer NH3WQ140820-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Summer NH3WQ140903-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 5 5 <2X MDL N/A
Blank Spike 5 5 90-110 N/A
Summer NH3WQ140904-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Dup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 3 3 <2X MDL N/A
Blank Spike 3 3 90-110 N/A
Summer NH3WQ140909-1 Ammonium Matrix Spike 5 5 80-120 N/A
Matrix Spike Dup 5 5 80-120 N/A
Matrix Spike Precision 5 5 N/A <11%
Blank 8 8 <2X MDL N/A
Blank Spike 8 8 90-110 N/A
Summer NH3WQ140925-1 Ammonium Matrix Spike 16 16 80-120 N/A
Matrix Spike Dup 16 16 80-120 N/A
Matrix Spike Precision 16 16 N/A <11%
Table C-4 continues.
CA
Table C-4 continued.
Numberof Numberof Target Target
Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision
Tested Passed %Recovery %RPD
Blank 5 5 <2X MDL N/A
Blank Spike 5 5 90-110 N/A
Fall NH3WQ141023-1 Ammonium Mattlx Spike 9 9 80-120 N/A
Matrix Spike Dup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Fall NH3WQ141028-1 Ammonium Mattlx Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Fall NH3WQ141029-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Fall NH3WQ141118-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Dup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Fall NH3WQ141120-1 Ammonium Mattlx Spike 8 8 80-120 N/A
Matrix Spike Dup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Fall NH3WQ141205-1 Ammonium Mattlx Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Fall NH3WQ141209-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 8 8 <2X MDL N/A
Blank Spike 8 8 90-110 N/A
Fall NH3WQ141216-1 Ammonium Matrix Spike 16 16 80-120 N/A
Matrix Spike Dup 16 16 80-120 N/A
Matrix Spike Precision 16 16 N/A <11%
Table C-4 continues.
C.5
Table C-4 continued.
Numberof Numberof Target Target
Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision
Tested Passed %Recovery %RPD
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150129-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Cup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150203-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Cup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150206-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Cup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 5 5 <2X MDL N/A
Blank Spike 5 5 90-110 N/A
Winter NH3WQ150218-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Cup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150219-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Cup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150225-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Cup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150302-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Cup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 5 5 <2X MDL N/A
Blank Spike 5 5 90-110 N/A
Winter NH3WQ150421-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Cup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 4 4 <2X MDL N/A
Blank Spike 4 4 90-110 N/A
Winter NH3WQ150422-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Cup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Table C-4 continues.
C.6
Table C-4 continued.
Numberof Numberof Target Target
Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision
Tested Passed %Recovery %RPD
Blank 5 5 12X MDL N/A
Blank Spike 5 5 W-110 N/A
Spring NH3WQ150512-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Dup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 4 4 <2%MDL N/A
Blank Spike 4 4 90-110 N/A
Spring NH3WQ150513-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Dup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 5 5 <2%MDL N/A
Blank Spike 5 5 90-110 N/A
Spring NH3WQ150518-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Dup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 5 5 <2%MDL N/A
Blank Spike 5 5 90-110 N/A
Spring NH3WQ150519-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Dup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 5 5 <2%MDL N/A
Blank Spike 5 5 90-110 N/A
Spring NH3WQ150527-1 Ammonium Matrix Spike 8 8 80-120 N/A
Matrix Spike Dup 8 8 80-120 N/A
Matrix Spike Precision 8 8 N/A <11%
Blank 4 4 <2%MDL N/A
Blank Spike 4 4 90-110 N/A
Spring NH3WQ150528-1 Ammonium Matrix Spike 7 7 80-120 N/A
Matrix Spike Dup 7 7 80-120 N/A
Matrix Spike Precision 7 7 N/A <11%
Blank 5 5 <2%MDL N/A
Blank Spike 5 5 90-110 N/A
Spring NH3WQ150529-1 Ammonium Matrix Spike 9 9 80-120 N/A
Matrix Spike Dup 9 9 80-120 N/A
Matrix Spike Precision 9 9 N/A <11%
Blank 3 3 <2%MDL N/A
Blank Spike 3 3 90-110 N/A
Spring NH3WQ150601-1 Ammonium Matrix Spike 6 6 80-120 N/A
Matrix Spike Dup 6 6 80-120 N/A
Matrix Spike Precision 6 6 N/A <11%
Blank 3 3 <2%MDL N/A
Blank Spike 3 3 90-110 N/A
Spring NH3WQ150602-1 Ammonium Matrix Spike 6 6 80-120 N/A
Matrix Spike Dup 6 6 80-120 N/A
Matrix Spike Precision 6 6 N/A <11
Table C4 continues.
C.7
Table C-4 continued.
Numberof Numberof Target Target
Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision
Tested Passed %Recovery %RPD
Blank 6 6 12%MDL N/A
Blank Spike 6 6 90-110 N/A
Spring NH3WQ1506241 Ammonium Matrix Spike 11 11 80-120 N/A
Matrix Spike Dup 11 11 80-120 N/A
Matdx Spike Precision 11 11 N/A <11%
Blank 3 3 <2%MDL N/A
Blank Spike 3 3 90-110 N/A
Spring NHMQ150625-1 Ammonium Matrix Spike 5 5 80-120 N/A
Matrix Spike Dup 5 5 80-120 N/A
Matrix Spike Precision 5 5 N/A <11%
N/A=Not Applicable.
wavelength (365 nm) ultraviolet light. For samples collected along the surfzone, samples
were analyzed by culture-based methods for direct count of bacteria. EPA Method 1600 was
applied to enumerate enterococci bacteria. For enumeration of total and fecal coliforms,
respectively, Standards Methods 9222B and 9222D were used. MDLs for bacteria are
presented in Table C-3.
QA/QC
All samples were analyzed within the required holding time. Recreational (REC-1) samples
were processed and incubated within 8 hours of sample collection. Duplicate analyses were
performed on a minimum of 10% of samples with at least 1 sample per sample batch. All
equipment, reagents, and dilution waters used for sample analyses were sterilized before
use. Each lot of medium was tested for sterility and performance with known positive and
negative controls prior to use. For surfzone samples, a positive and a negative control
were run simultaneously with each batch of sample for each type of media used to ensure
performance. New lots of Quanti-Tray and petri dish were checked for sterility before use.
Each Quanti-Tray sealer was checked monthly by addition of Gram stain dye to 100 mL of
water, and the tray was sealed and subsequently checked for leaking. Each lot of dilution
blanks commercially purchased was checked for appropriate volume. New lots of <_10 mL
volume pipettes were checked for accuracy by weighing volume delivery on a calibrated top
loading scale.
C.8
SEDIMENT GEOCHEMISTRY CHEMISTRY NARRATIVE
First Quarter Semi-annual Collection (July 2014)
Introduction
All samples were collected and stored according to ELOM SOPS. All samples were analyzed
for organochlorine pesticides,polychlorinated biphenyl congeners(PCBs), polycyclic aromatic
hydrocarbons (PAHs), linear alkylbenzenes (LABs), trace metals, mercury, dissolved sulfides
(DS), total organic carbon (TOC), total nitrogen (TN), total phosphorus (TP), and grain size.
Analytical Methods— PAHs and LABS
The analytical methods used to detect PAHs and LABs in the samples are described in the
ELOM SOPS. All sediment samples were extracted using an accelerated solvent extractor
(ASE). Approximately 10 g dry weight of sample was used for each analysis. A separatory
funnel extraction was performed using 100 mL of sample when field and rinse blanks were
included in the batch.
Atypical sample batch included 20 field samples with required QC samples. Sample batches
for PAHs included the following QC samples: 1 sand blank, 1 reporting level spike, 2 standard
reference materials (SRMs), 1 matrix spike set, and 2 sample extraction duplicates. There
was 1 batch extracted and analyzed for PAHs. MDLs for PAHs are presented in Table C-5.
Acceptance criteria for PAH SRMs are presented in Tables C-6.
QC samples for LAB analyses included 1 sand blank, 1 reporting level spike, 2 SRMs, 1
matrix spike set, and 2 sample extraction duplicates. MDLs for LABS are presented in Table
C-5.
Sediment PAH and LAB QA/QC summary data are shown in Table C-7. All analyses were
performed within holding times and with appropriate quality control measures. Any variances
are noted in the footnotes of Table C-7.
Analytical Methods - Organochlorine Pesticides and PCB Congeners
The analytical methods used to process the samples for organochlorine pesticides and PCB
congeners are described in the ELOM SOPS. Sediment samples were extracted within their
holding time using an ASE. All sediment extracts were analyzed by GC/MS. Approximately
10 g dry weight of sample was used for each analysis. If a field blank and rinse were included
in the batch, a separatory funnel extraction was performed using 100 mL of sample.
A typical sample batch consisted of 20 field samples with required QC samples, which
included 1 sand blank, 2 SRMs, 1 reporting level spike, 2 matrix spike set, and 2 duplicate
sample extractions. MDLs for PCBs/pesticides are presented in Table C-5. Acceptance
criteria for PCB/pesticide SRMs are presented in Tables C-S.
Sediment PCB/pesticide QA/QC summary data are presented in Table C-9. All analyses
were performed within holding times and with appropriate quality control measures. When
C.9
Table C-S. Method detection limits(MDLs)for PAHs, LABS, pesticides, and PCBs in
sediments, July 2014-June 2015.
Parameter (nglg wet weight) Parameter (ng/g wept weight)
PAH Compounds
Acenaphthene 0.4 Fluoranthene 0.4
Acenaphthylene 0.4 Fluorene 0.4
Anthramne 0.3 Indeno[1,2,3-c,d]pyrene 0.3
Benz[a]anthmcene 0.2 Naphthalene 1.1
Benzo[alPyrene 0.2 Perylene 0.6
Benzo[b]0uorenthene 0.4 Phenanthrene 0.8
Benzo[e]pyrene 0.4 Pyrene 0.2
Benzo[g,h,i]perylene 0.4 1-Methylnaphthalene 0.5
Benzo[k]0uomnthene 0.5 2-Methylnaphthalene 0.9
Biphenyl 0.8 2,6-Dimethylnaphthalene 0.4
Chrysene 0.3 1,6,7-Trimethylnaphthalene 0.4
Dibenz[a,h]anthrecene 0.2 2,3,6-Trimethylnaphthalene 0.5
DibenzDthiophene 0.3 1-Methylphenanthrene 0.5
LAB Compounds
2-Phenyldecane 0.1 6-Phenylleh'adecane 0.1
3-Phenyidemne 0.1 ]-Phenylletadecane 0.1
4-Phenyldemne 0.1 2-Phenyltidemne 0.3
5-Phenyldecane 0.1 3-Phenyltidecane 0.2
2-Phenyldotlecane 0.3 4-Phenylhidecane 0.3
3-Phenyldotlecane 0.1 5-Phenylhidecane 0.4
4-Phenyldotlecane 0.2 1+6-Phenylhidecane 1.0
5-Phenyldotlecane 0.3 2-Phenylundecane 0.2
6-Phenyldotlecane 0.3 3-Phenylundecane 0.1
2-Phenyltetradecane 0.1 4-Phenylundecane 0.1
3-Phenyltehadecane 0.1 5-Phenylundecane 0.1
4-Phenylte"decane 0.1 6-Phenylundecane 0.1
5-Phenyltetradecane 0.1
Pesticides
Aldrin 0.34 Hexachlorcbenzene 0.75
cis-Chlordane 0.38 Mires 0.26
trans-Chlordane 0.38 trana-Nonachlor 0.32
Dieldrin 0.48 2,4'-DDD 0.41
Endosul(an-alpha 0.46 4,4'-DDD 0.48
Endosuffan-beta 0.32 2,4'-DDE 0.32
Endosul(an-suffate 0.45 4,4'-DDE 0.30
Endrin 0.46 2,4'-DDT 0.32
gdmma-BHC 0.42 4,4'-DDT 0.48
Heptachlor 0.43 4,4'-DDMU 0.35
Heptachlor epoxide 0.50
Table C-5 continues.
C.10
Table C-5 continued.
Parameter ML
(ng/g Wept vreIght) Parameter (nglg watt weight)
PCB Congeners
PCB 18 0.16 PCB 126 0.22
PCB 28 0.18 PCB 128 0.21
PCB 37 0.16 PCB 138 0.17
PCB 44 0.16 PCB 149 0.17
PCB 49 0.16 PCB 151 0.19
PCB 52 0.17 PCB 153/168 0.34
PCB 66 0.18 PCs 1% 0.20
PCB 70 0.18 PCB 157 0.19
PCB 74 0.18 PCs 167 0.20
PCs 77 0.18 PCs 169 0.22
PCB 81 0.18 PCB 170 0.21
PCB 87 0.18 PCB 177 0.21
PCs 99 0.18 PCB 180 0.20
PCB 101 0.19 PCB 183 0.19
PCB 105 0.17 PCB 187 0.21
PCB 110 0.17 PCB 189 0.19
PCB 114 0.20 PCB 194 0.18
PCB 118 0.18 PCB 201 0.22
PCB 119 0.19 PCB 206 0.24
PCB 123 0.18
C.11
Table C-6. Acceptance criteria for standard reference materials of PAH in sediments,
July 2014—June 2015.
Acceptance Range
-T
Parameter True Value (ngtg)
n91g)
Minimum I Maximum
SRM 1941b;Organics in Marine Sediment,National Institute of Standards and Technology
Acenaphthene' 38A 33.2 43.6
Acenaphthylene 53.3 46.9 597
Anthramne' 184 166 202
Benz[a]arnmacene 335 310 360
Benzolalpyrene 358 341 375
Benzo(bl0uoranthene 453 432 474
Benzo(elpyrene 325 300 350
Benzo(g,h,i)perylene 307 262 352
Benzo[k]0uomnthene 225 207 243
Biphenyl` 74 66 82
Chrysene 291 260 322
Dibenz[a,h]anthracene 53 43 63
Fluoranthene 651 601 701
Fluomne` 85 70 100
Indeno[1,2,3-c,d]pyrene 341 284 398
Naphthalene` 948 753 943
Perylene 397 352 442
Phenanthrene 406 362 450
Pymne 581 542 620
1-Methylnaphthalene` 127 113 141
2-Methylnaphthalene` 276 223 329
2,6-Dimethylnaphthalene' 75.9 71.4 80.4
1,6,7-Trimethylnair halene' 25.5 20.4 30.6
1-Methylphenanlhmne` 73.2 67.3 79.1
Percent Dry Weight 1.3
Table C-6 Continues.
C.12
Table C-6 Continued.
Acceptance Range
Parameter True Value (n9/9)
(og'M Minimum Maximum
SRM 1944; New YorldNew Jersey Waterway Sediment,National Institute of Standards and Technology
Acenaphthene• 390 360 420
Anthracene' 1130 1060 1200
Benz[a]anihmcene 4720 4610 4830
Benzo[a]pyrene 4300 4170 4430
Benzolb]fluoranthene 3870 3450 4290
Benzo[e]pyrene 3280 3170 3390
Benzo[g,h,i]perylene 2B40 2740 2940
Benzo[k]fluomnthene 2300 2100 2500
Biphenyl' 250 230 270
Chrysene 4860 4760 4960
Dibeoa]a,h]anthracene 424 355 493
Dibenzothiophene 500 470 530
Fluoranthene 8920 8600 9240
Fluorene" 480 440 520
Indeno[1,2,3-c,d]pyrene 2780 2680 2880
Naphthalene' 1280 1240 1320
Perylene 1170 930 1410
Phenanthrene 5270 5050 5490
Pyrene 9700 9280 10120
1-Methylnaphthalene' 470 450 490
2-Methylnaphthalene' 740 680 800
1-Methylphenanthrene' 1700 1600 1800
Percent Dry Weight 1.3
'Non-certified values provided for this analyte.
C.13
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Table C-B. Acceptance criteria for standard reference materials of PCB/pesticides in
sediments, July 2014-June 2015.
Acceptance Range
Parameter True Value (ngtg)
^9l9)
Minimum Maximum
SRM 1941b;Organics in Marine Sediment,National Institute of Standards and Technology
cis-Chlordane 0.85 0.74 0.96
trans-Chlordane 0.57 0.47 0.66
Hexachlorobenzene 5.83 5.45 6.21
cis-Nonachlor 3.70 3.00 4.40
trans-Nonachlor 0.44 0.37 0.51
4,4'-DDD 4.66 4.20 5.12
2,4'-DDE` 0.38 0.26 0.50
4,4'-DDE 3.22 2.94 3.50
4,4'-DDT' 1.12 0.70 1.54
PCB 18 2.39 2.10 2.68
PCB 28 4.52 3.95 5.09
PCB 44 3.85 3.65 4.05
PCB 49 4.34 4.06 4.62
PCB 52 5.24 4.96 5.52
PCB 66 4.96 4.43 5.49
PCB 70- 4.99 4.7 5.28
PCB 74` 2.04 1.89 2.19
PCB 77' 0.31 0.28 0.34
PCB 8 1.65 1.46 1.84
PCB 87 1.14 0.98 1.30
PCB 99 2.90 2.54 3.26
PCB 101 5.11 4.77 5.45
PCB 105 1.43 1.33 1.53
PCB 110 4.62 4.26 4.98
PCB 118 4.23 4.04 4.42
PCB 128 0.70 0.65 0.74
PCB 138 3.60 3.32 3.88
PCB 149 4.35 4.09 4.61
PCB 153/168 5.47 5.15 5.79
PCB 156 0.51 0.42 0.60
PCB 158' 0.65 0.50 0.80
PCB 170 1.35 1.26 1.44
PCB 180 3.24 2.73 3.75
PCB 183 0.98 0.89 1.07
PCB 187 2.17 1.95 2.39
PCB 194 1.04 0.98 1.10
PCB 195 0.65 0.59 0.71
PCB 201 0.78 0.74 0.81
PCB 206 2.42 2.23 2.61
PCB 209 4.86 4.41 5.31
Percent Dry Weight 1.3
Table C-S continues.
C.16
Table C-8 continued
Acceptance Range
Parameter True Value (ng/g)
(ng/g)
Minimum Maximum
SRM 1941b;Organics in Marine Sediment,National Institute of Standards and Technology
cts-Chlordane 16.51 15.68 17.34
trans-Chlordane 19 17.3 20.7
gamma-BHC' 2 1.7 2.3
Hexachlorobenzene 6.03 5.68 6.38
cts-Nonachlor' 3.70 3.00 4A0
trans-Nonachlor 8.2 7.69 8.71
2,4'-DDD' 38 30.00 46
2,4'-DDE' 19 16 22.00
4,4'-DDD" 108 92.00 124
4,4'-DDE' 86 74.00 98
4,4'-DDT' 170 138 202
PCs 22.3 20 24.6
PCB 18 51 48.4 53.6
PCB 28 80.8 78.1 83.5
PCB 44 60.2 58.2 62.2
PCB 49 53 51.3 54.7
PCB 52 79.4 77.4 81.4
PCB 66 71.9 67.6 76.2
PCB 87 29.9 25.6 34.2
PCB 99 37.5 35.1 39.90
PCB 101 73.40 70.9 75.9
PCB 105 24.5 23.4 25.6
PCB 110 63.5 58.8 68.2
PCB 118 58 53.7 62.3
PCB 128 8.47 8.19 8.75
PCB 138 62.1 59.1 65.1
PCB 149 49.70 48.5 50.9
PCB 151 16.93 16.57 17.29
PCB 1531168 74 71.1 76.9
PCB 156 6.52 5.86 7.18
PCB 170 22.6 21.20 24.00
PCB 180 44.3 43.1 45.5
PCB 183 12.19 11.62 12.76
PCB 187 25.1 24.1 26.1
PCB 194 11.2 9.8 12.6
PCB 195 3.75 3.36 4.14
PCB 206 9.21 8.7 9.72
PCB 209 6.81 6.48 7.14
Percent Dry Weight 1.3
'Non-certified values provided for this analyte.
C.17
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C.18
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C.19
constituent concentrations exceeded the calibration range of the instrument, dilutions were
performed and the samples reanalyzed. Any variances are noted in Table C-9.
Analytical Methods -Trace Metals
Dried sediment samples were analyzed for trace metals in accordance with methods in the
ELOM SOPS. A typical sample batch for silver, cadmium, chromium, copper, nickel, lead,
zinc, selenium, arsenic, and beryllium analyses included 3 blanks, a blank spike, and 1 SRM.
Additionally, duplicate samples, spiked samples and duplicate spiked samples were analyzed
a minimum of once every 10 sediment samples. QC for a typical sample batch for aluminum
and iron analyses included 3 blanks, an SRM, sediment samples with duplicates, spiked
samples, and duplicate spiked samples analyzed a minimum of once every 10 sediment
samples. The analysis of the blank spike and SRM provided a measure of the accuracy
of the analysis. The analysis of the sample, its duplicate, and the 2 spiked samples were
evaluated for precision. The samples that were spiked with aluminum and iron were not
evaluated for spike recoveries because the spike levels were extremely low (20 mg/kg dry
weight) compared to the concentrations of aluminum and iron in the native samples (5,000
and 35,000 mg/kg dry weight).
All samples were analyzed within their 6-month holding times. If any analyte exceeded
the appropriate calibration curve and Linear Dynamic Range, the sample was diluted and
reanalyzed. MDLs for metals are presented in Table C-10. Acceptance criteria for trace
metal SRMs are presented in Table C-11.
The digested samples were analyzed for silver, cadmium, chromium, copper, nickel, lead,
zinc, selenium, arsenic, and beryllium by inductively coupled mass spectroscopy (ICPMS).
Aluminum and iron were analyzed using inductively coupled emission spectroscopy(ICPES).
Table C-10. Method detection limits(MDLs)for trace metals in sediments, July 2014-June 2015.
Parameter MDL
(mg/kg dry weight)
Aluminum 50
Antimony 0.10
Arsenic 0.15
Barium 0.10
Beryllium 0.01
Cadmium 0.01
Chromium 0.15
Copper 0.10
Iron 50
Lead 0.10
Mercury 0.00
Nickel 0.10
Selenium 0.15
Silver 0.02
Zinc 0.15
C.20
Table C-11. Acceptance criteria for standard reference materials of metals in sediments,July
2014—June 2015.
Environmental Resource Associates D074-540
Priority PollutnTrm/CLP Inorganic Soils—Microwave Digestion Environmental Resource Associates
Certified Acceptance Criteria
Parameter True Value (mg/kg)
(nrg/kg)
Min. Max.
Aluminum 9510 4160 14800
Antimony 72.9 18.7 206
Arsenic 161 114 209
Barium 385 286 484
Beryllium 146 110 182
Cadmium 149 110 191
Chromium 180 127 233
Copper 162 122 207
Iron 13000 4220 21800
Lead 103 73 132
Nickel 133 97.4 172
Mercury 3.73 1.9 5.55
Selenium 153 103 202
Silver 71.1 47.8 94.5
Zinc 352 254 450
Sediment trace metal QA/QC summary data are presented in Table C-12.
Analytical Methods - Mercury
Dried sediment samples were analyzed for mercury in accordance with methods described in
the ELOM SOPS. QC for a typical batch included a blank, blank spike, and SRM. Sediment
samples with duplicates,spiked samples and duplicate spiked samples were run approximately
once every 10 sediment samples. All samples were analyzed within their 6-month holding
time. When sample mercury concentration exceeded the appropriate calibration curve, the
sample was diluted with the reagent blank and reanalyzed. The samples were analyzed for
mercury on a Perkin Elmer FIMS 400 system.
The MDL for sediment mercury is presented in Table C-10. Acceptance criteria for mercury
SRM is presented in Table C-11. All QA/QC summary data are presented in Table C-12.
All samples, with some noted exceptions, met the QA/QC criteria guidelines for accuracy and
precision.
Analytical Methods - Dissolved Sulfides
Dissolved sulfides(DS)samples were analyzed in accordance with methods described in the
ELOM SOPS. The MDL for DS is presented in Table C-13. Sediment DS QA/QC summary
C.21
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Table C-13. Method detection limits(MDLs)for dissolved sulfides,total organic carbon, grain size,
total nitrogen,and total phosphorus in sediments,July 2014-June 2015.
Parameter MDL
Dissolved Sulfides 1.03 mg/kg dry weight
Total Organic Carbon 0.10%
Grain Size 0.00%
Total Nitrogen 0.33 mg/kg dry
Total Phosphorus 5.3 mg/kg dry weight
data are presented in Table C-14. All samples were analyzed within their required holding
times. All analyses met the QA/QC criteria for blanks, blank spikes, matrix spike, matrix
spike duplicates, and matrix spike precisions.
Analytical Methods -Total Organic Carbon
Total Organic Carbon (TOC)samples were analyzed byALS Environmental Services, Kelso,
WA. The MDL for TOC is presented in Table C-13. Sediment TOC QA/QC summary data
are presented in Table C-15. The samples were analyzed within their required holding times.
Seven samples were analyzed in duplicate and matrix spike. The samples and their duplicate
analyses had a RPD of less than 10%. The recoveries for matrix spike were within 80-120%
range.
Analytical Methods - Grain Size
Grain size samples were analyzed by EMSL Analytical, Cinnaminson, NJ. The MDL for
sediment grain size is presented in Table C-13. Sediment grain size QA/QC summary data
are presented in Table C-16. Seven samples and their duplicate analyses had a RPD 510%.
Thirty replicates of Station 12 samples were analyzed as grain size standard reference
material (SRM) and all analysis results were within 3 standard deviations of SRM for the
statistical parameters (median phi, dispersion, and skewness), percent gravel, percent sand,
percent clay, and percent silt.
Analytical Methods -Total Nitrogen
Total nitrogen (TN) samples were analyzed by Weck Laboratories, Inc., City of Industry,
CA. The MDL for TN is presented in Table C-13. Sediment TN QA/QC summary data are
presented in Table C-17. The samples were analyzed within their required holding times.
C.24
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Three samples were analyzed in matrix spike and matrix spike duplicate. The matrix spikes
and their duplicate analyses had a RPD of less than 30%. The recoveries for matrix spike
and matrix spike duplicate were within 70-130% range.
Analytical Methods -Total Phosphorus
Total phosphorus (TP) samples were analyzed by Weck Laboratories, Inc., City of Industry,
CA. The MDL for TP is presented in Table C-13. Sediment TP QA/QC summary data are
presented in Table C-17. The samples were analyzed within their required holding times.
Three samples were analyzed in matrix spike and matrix spike duplicate. Ten samples and
their duplicate analyses had a RPD of less than 30%. One sample spike and 2 spike duplicate
analyses did not meet target recoveries of 70-130% range due to matrix interferences. The
associated laboratory control sample (LCS) met the acceptance criteria.
Third Quarter Semi-annual Collection (January 2015)
All samples were stored according to methods described in the ELOM SOPS. All samples
were analyzed for organochlorine pesticides, PCB congeners, PAHs, trace metals, mercury,
IDS, grain size, TOC, TN, and TP.
All sediment samples analyzed for organochlorine pesticides, PCB congeners, and PAHs
were extracted using an ASE. All sediment extracts were analyzed by GC/MS within their
holding times. Any QA/QC variances are noted in Tables C-7 and C-9.
All samples analyzed for metals were conducted within their holding times. Sediment metals
and mercury QA/QC summary data are presented in Table C-12. All samples met the QA
criteria guidelines.
The analyses for TOC, IDS, grain size, TN, and TP met the QA criteria guidelines. QA/QC
summary data are presented in Tables C-14 through C-17. Recoveries of 1 matrix spike and
2 matrix spike duplicates for TP were not in the target ranges due to matrix interferences.
The associated LCS met the acceptance criteria.
FISH TISSUE CHEMISTRY NARRATIVE
Third Quarter (January 2015)
Introduction
All individual samples were stored, dissected, and homogenized according to methods
described in the ELOM SOPS. A 1:1 muscle to water ratio was used for muscle samples.
No water was used for liver samples. After the individual samples were homogenized, equal
aliquots of muscle from each rig fish sample, and equal aliquots of muscle and liver from each
trawl fish sample were frozen and distributed to the metals and organic chemistry sections of
the analytical chemistry laboratory for analyses.
In addition to the percent lipid content determination, the organic chemistry section extracted
20 rig fish muscle samples, 31 trawl fish muscle samples, and 31 trawl fish liver samples,
and analyzed them for PCB congeners and organochlorine pesticides. Of the 31 trawl fish
C.28
liver samples, results from 15 samples were not reported due to an error made in the extract
preparation process, resulting in the failure of all QC samples contained in that batch. A
laboratory QA/QC corrective action notice was filed.
A typical organic tissue sample batch included 15 field samples with required QC samples.
The QC samples included 1 hydromatrix blank, 2 duplicate sample extractions, 1 matrix
spike, 1 matrix duplicate spike, 2 SRMs, and 1 reporting level spike (matrix of choice was
tilapia).
For mercury, arsenic and selenium analyses, 1 sample batch consisted of 15-20 fish tissue
samples and the required QC samples, which included a blank, blank spike, SRM, sample
duplicates, matrix spikes, and matrix spike duplicates.
Analytical Methods - Organochlorine Pesticides and PCB Congeners
The analytical methods used for organochlorine pesticides and PCB congeners were
according to methods described in the ELOM SOPs. All fish tissue was extracted using an
ASE 200 and analyzed by GUMS.
The MDLs for pesticides and PCBs in fish tissue are presented in Table C-18. Acceptance
criteria for PCB and pesticides SRMs in fish tissue are presented in Tables C-19. Fish tissue
pesticide and PCB QA/QC summary data are presented in Table C-20. All analyses were
performed within the required holding times and with appropriate quality control measures.
In cases where constituent concentrations exceeded the calibration range of the instrument,
the samples were diluted and reanalyzed. Any variances that occurred during sample
preparation or analyses are noted in Table C-20.
Analytical Methods— Lipid Content
Percent lipid content was determined for each fish sample using methods described in the
ELOM SOPs. Lipids were extracted by dichloromethane from approximately 1 to 2 g of sample
and concentrated to 2 mL. A 100 pL aliquot of the extract was placed in a tared aluminum
weighing boat and the solvent allowed to evaporate to dryness. The remaining residue was
weighed, and the percent lipid content calculated. Lipid content QA/QC summary data are
presented in Table C-21. All analyses were performed within the required holding times and
with appropriate quality control measures. No variances occurred during sample preparation
or analyses (Table C-21).
Analytical Methods— Mercury.Arsenic and Selenium
Fish tissue samples were analyzed for mercury, arsenic, and selenium in accordance with
ELOM SOPs. Typical QC analyses for a tissue sample batch included a blank, a blank
spike, and SRMs (liver and muscle). In the same batch, additional QC samples included
duplicate analyses of the sample, spiked samples and duplicate spiked samples, which were
run approximately once every 10 samples.
The MDL for fish mercury, arsenic, and selenium are presented in Table C-18. Acceptance
criteria for the mercury, arsenic, and selenium SRMs are presented in Table C-22. Fish
tissue mercury, arsenic, and selenium QA/QC summary data are presented in Table C-23. All
samples were analyzed within their 6-month holding times and met the QAcriteria guidelines.
C.29
Table C-18. Method detection levels (MDLs)for pesticides, PCB congeners, arsenic,
mercury, and selenium in fish tissue, DSQ II,July 2014-June 2015.
Parameter I.
(ngl9 Dt weight) Parameter (ngtg wet
weight)
cis-Chlordane 0.33 PCB 105 0.13
turns-Chlordane 0.25 PCB 110 0.19
Oxychlordane 1.0 PCB 114 0.10
Dieldrin 0.31 PCB 118 0.22
Heptachlor 0.23 PCB 119 0.14
Heptachlor epoxide 0.37 PCB 123 0.21
cis-Nonachlor 0.19 PCB 126 0.11
trans-Nonachlor 0.21 PCB 128 0.08
2,4'-DDD 0.33 PCB 138 0.16
4,4'-DDD 0.16 PCB 149 0.33
2,4'-DDE 0.23 PCB 151 0.22
4,4'-DDE 0.31 PCB 1531168 0.23
2,4'-DDT 0.33 PCB 156 0.10
4,4'-DDT 0.24 PCB 157 0.10
4,4'-DDMU 0.43 PCB 167 0.09
PCB 18 0.24 PCB 169 0.15
PCB 28 0.21 PCB 170 0.18
PCB 37 0.27 PCB 177 0.09
PCB 44 0.36 PCB 180 0.18
PCB 49 0.17 PCB 183 0.13
PCB 52 0.17 PCB 187 0.06
PCB 66 0.26 PCB 189 0.12
PCs 70 0.23 PCB 194 0.17
PCB 74 0.24 PCB 201 0.20
PCB 77 0.21 PCB 206 0.11
PCB 81 0.19 Arsenic 100
PCB 87 0.17 Mercury 0.00
PCB 99 0.44 Selenium 69
PCB 101 0.14
Reporting limit used.
C.3O
Table C-19. Acceptance criteria for standard reference materials of PCB/
pesticides in fish tissue, July 2014-June 2015.
Acceptance Range
Parameter True Value (^g/g)
(^9/9)
Minimum Maximum
CARP-2;National Research Council Canada.
trans-Chlordane` 4.50 21.1 22.5
Dieldrin' 8.30 2.40 3.40
Imns-Nonachlor` 11.0 82.4 99.4
2,4'-DDD` 21.8 144 172
4,4'-DDD' 90.9 7.50 9.10
2,4'-DDE` 2.90 3.80 5.20
4,4'-DDE` 158 10.1 11.9
PCB 18 27.3 23.3 31.3
PCB 28 34.0 26.8 41.2
PCB 44 86.6 60.7 112
PCB 52 138 95.5 181
PCB 66` 174 122 226
PCB 101 ` 145 97.0 193
PCB 105` 53.2 37.6 68.8
PCB 118 148 115 181
PCB 128 20.4 16.0 24.8
PCB 138` 103 73.0 133
PCB 153/168 105 83.0 127
PCB 170' 20.6 17.7 23.5
PCB 180 53.3 40.3 66.3
PCB 187- 37.1 30.8 43.4
PCB 194 10.9 7.80 14.0
PCB 206 4.4 3.30 5.50
Lipid 7.00
Table C-19 Continues.
C.31
Table C-19 Continued.
Acceptance Range
Parameter True Value (ng/g)
(ngig)
Minimum Maximum
SRM 1946,Lake Superior Fish Tissue;National Institute of Standards and Technology.
cis-Chlordane 32.5 1.95 2.45
trans-Chlordane 8.36 0.75 1.33
Oxychlordane 18.9 19.1 25.5
Dielddn 32.5 14.9 20.5
Heptachlorepoxide 5.50 325 421
ns-Nonachlor 59.1 33.7 40.7
frens Nonachlor 99.6 30.7 34.3
2,4'-DDD 2.20 55.5 62.7
4,4'-DOD 17.7 29.0 3&0
2,4'-DDE` 1.04 5.27 5.73
4,4'-DDE 373 17.4 20.4
2,4'-DDT 22.3 7.45 9.27
4,4'-DDT 37.2 92.0 107
PCs 18- 0.84 0.73 0.95
PCs 28• 2.00 1.76 2.24
PCs 44 4.66 3.80 5.52
PCs 49 3.80 3.41 4.19
PCs 52 8.10 7.10 9.10
PCs 66 10.8 8.90 12.7
PCs 70 14.9 14.3 15.5
PCs 74 4.83 4.32 5.34
PCs 77 0.33 0.30 0.35
PCs 87 9.40 &00 10.8
PCs 99 25.6 23.3 27.9
PCs 101 34.6 32.0 37.2
PCs 105 19.9 19.0 20.8
PCs 110 22.8 20.8 24.8
PCs 118 52.1 51.1 53.1
PCs 126 0.38 0.36 0.40
PCs 128 22.8 20.9 24.7
PCs 138 115 102 128
PCs 149 26.3 25.0 27.6
PCs 1531168 170 161 179
PCs 156 9.52 9.01 10.0
PCs 170 25.2 23.0 27.4
PCs 180 74.4 70.4 78.4
PCs 183 21.9 19.4 24.4
PCs 187 55.2 53.1 57.3
PCs 194 13.0 11.7 14.3
PCs 201 • 2.83 2.7 2.96
PCs 206 5.40 4.97 5.83
Lipid' 10.2
Nor-certified value.
C.32
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C.33
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C.35
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Pretreated (resected and 1:1 Muscle: water homogenized) fish samples were analyzed for
mercury, arsenic, and selenium in accordance with methods described in the ELOM SOPS.
QC fora typical batch included a blank, a blank spike, and an SRM (whole fish). Fish samples
with duplicates, spiked samples, and duplicate spiked samples were run approximately
once every 10 fish samples. When sample mercury, arsenic, or selenium concentration
exceeded the appropriate calibration curve, the sample was diluted with the reagent blank
and reanalyzed. The samples were analyzed for mercury on a Perkin Elmer FIMS 400
system and for arsenic and selenium on a Perkin Elmer ELAN 6100 system.
All samples met the CIA criteria guidelines for accuracy and precision (Table C-23).
BENTHIC INFAUNA NARRATIVE
Sorting and Taxonomy QA/QC
The sorting and taxonomy QA/QC follows the District's QAPR These QA/QC procedures
were conducted on sediment samples collected for infaunal community analysis in July 2014
(summer) from 29 semi-annual stations (52-65 m) and 39 annual stations (40-300 m), and
in January 2015 (winter) from the same 29 semi-annual stations (Figure 2-2, Table A-1), for
a total of 97 samples for the year. A single sample was collected at each station for infauna.
Sorting QA/QC Procedures
The sorting procedure involved removal, by the contractor (Marine Taxonomic Services, Inc.
(MTS)), of organisms including their fragments from sediment samples into separate vials by
major taxa. The abundance of countable organisms (heads only) per station was recorded.
After MTS's in-house sorting efficiency criteria were met, the organisms and remaining
particulates (grunge) were returned to the District. Ten percent of these samples (10 of 97)
were randomly selected for re-sorting by District staff. A tally was made of any countable
organisms missed by MTS. A sample passed QC if the total number of countable animals
found in the re-sort was <— 5% of the total number of individuals originally reported.
2014-15 Sorting QA/QC Results
Sorting results for all 2014-15 QA samples were well below the 5% QC limit.
Taxonomic Identification QA/QC Procedures
Benthic infauna samples underwent comparative taxonomic analysis by 2 taxonomists.
Samples were randomly chosen for re-identification from each taxonomist's allotment of
assigned samples. These were swapped between taxonomists with the same expertise in
the major taxa. The resulting data sets were compared and a discrepancy report generated.
The participating taxonomists reconciled the discrepancies. Necessary corrections to taxon
names or abundances were made to the database. The results were scored and errors
tallied by station. Percent errors were calculated using the equations below:
Equation 1. %Error,,. _ [(#Taxa ReamVed - #Taxa orie�nsi) +#Taxa R.....] x100
Equation 2. %Error#indmmu.I.= [(# individuals R...Iv,-# Individuals o,n.l)+# Individuals R..oJ x100
Equation 3. %Error#ID r... _ (#Taxa Mi.W.Wic.W. +#Taxa R..om.d)x100
Equation 4. %Error#iD Mdihd�.i. = (# Individuals W.....t.,+# Individuals R.emJ x 100
C.37
Please refer to the District's QAPP for detailed explanation of the variables.
The first 3 equations are considered gauges of errors in accounting (e.g., recording on wrong
line, miscounting, etc.),which, by their random nature, are difficult to predict. Equation 4 (Eq.
4) is the preferred measure of identification accuracy. It is weighted by abundance and has
a more rigorous set of corrective actions (e.g., additional taxonomic training) when errors
exceed 10%.
In addition to the re-identifications, a synoptic data review was conducted upon completion
of all data entry and QA. This consisted of a review of the infauna data for the survey year,
aggregated by taxonomist (including both in-house and contractor). From this, any possible
anomalous species reports, such as species reported outside its known depth range and
possible data entry errors, were flagged.
2014-15 Taxonomic QA/QC Results
QC objectives for identification accuracy (Eq. 4) were met in 2014-15 (Table C-24). No
significant changes to the 2014-15 infauna dataset were made following the synoptic data
review.
Table C-24. Percent error rates calculated for July 2014 QA samples.
Station
Error Type
C 59 70 Mean
1. %Error,,. 6.9 5.8 6.8 6.5
2. %Error i indremm: 1.4 0.2 0.7 0.8
3. %Error p,p TeM$ 4.0 10.0 7.8 7.2
4. %Error«,o mdwauals 112 5.8 2.4 3.1
OTTER TRAWL NARRATIVE
The District's trawl sampling protocols are based upon regionally developed sampling methods
(Mearns and Stubs 1974, Meams and Allen 1978) and US Environmental Protection Agency
301(h) guidance documents (Tetra Tech 1986). These methods require that a portion of
the trawl track must pass within a 100-m circle centered on the nominal sample station
position and be within 10% of the station's nominal depth. In addition, the speed of the trawl
should range from 0.77 to 1.0 m/s (1.5 to 2.0 kts). Since 1985, the District has trawled a
set distance of 450 m (the distance that the net is actually on the bottom collecting fish and
invertebrates). This contrasts with previous regional trawl surveys which factored in time on
the bottom, not distance. Station locations and trawling speeds and paths were determined
using Global Positioning System (GPS) navigation. Trawl depths were determined using a
Sea-Bird Electronics SBE 39 pressure sensor attached to one of the trawl boards.
For the 2014-15 monitoring period, all trawl QA/QC compliance criteria were met, except for
trawl speed (Figures C-1 to C-4, Table C-25).
C.38
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Figure C-3. Quality assurance plots of otter trawl paths in relation to a 100-m circle(red dashes)
surrounding each nominal station position,January 2015.
C.41
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— Haul — Upper Limit — Lower Limit
Figure C-4. Quality assurance plots of trawl depth per haul for otter trawl stations,January 2015.
Upper and lower limit lines are 310% of nominal trawl depth.
C.42
Table C-25. Trawl track distances and vessel speed for sampling conducted in
Summer 2014 and Winter 2015.
Season Station Distance Trawled(m) Vessel speed(kts)'
Ti 460.8 1
T2 449.3 0.9
T6 474.2 1
T10 452.1 0.9
T11 460.3 0.9
T12 398.1 0.9
T14 458.5 0.9
Summer T17 459.3 1
T18 459.2 1.1
T19 451.5 0.9
T22 455.8 1
T23 462.4 1.1
T24 453.4 0.9
T25 458.9 0.9
Mean 451.5 0.9
T1 519.7 1.1
T11 473.2 1.1
T12 468 1
Winter T17 452.8 1.1
T22 461 0.9
T23 463.2 1.1
Mean 474.9 1.1
"Vessel speeds outside of the OA range of 1.52 knots are denoted in bold.
C.43
REFERENCES
Mearns,A.J.and M.J.Allen. 1978. The use of small otter trawls in coastal biological surveys. Rep. No.600/3-
78-083. US Environmental Protection Agency. Corvallis, OR. 34 p.
Mearns,A.J. and H.H. Stubbs. 1974. Comparison of otter trawls used in southern California coastal surveys.
TM 213. Southern California Coastal Water Research Project. El Segundo, CA. 15 p.
OCSD (Orange County Sanitation District). 2014. Orange County Sanitation District — Ocean Monitoring
Program. Quality Assurance Project Plan (CAPP), (2013-14). Fountain Valley, CA.
OCSD. 2015. Environmental Laboratory and Ocean Monitoring Standard Operating Procedures. Fountain
Valley, CA.
Tetra Tech. 1986. Quality Assurance and Quality Control (QA/QC)for 301(h)monitoring programs: Guidance
on Field and Laboratory Methods. EPA Contract No. 68-01-6938. TC-3953-04. Final Report. May
1986. US Environmental Protection Agency. Washington, D.C. 267 p. +Appendices.
C.44
Y 9�
ORANGE COUNTY SANITATION DISTRICT
Environmental Laboratory and Ocean Monitoring Division
10844 Ellis Avenue
Fountain Valley, California 92708-7018
714.962.2411
www.ocsewers.com
3/16
OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir.
04/lti06/16 04/27/1Or6
AGENDA REPORT Item Item Number
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Bob Ghirelli, Assistant General Manager
SUBJECT: JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL
WATER RESEARCH PROJECT AUTHORITY (SCCWRP)
GENERAL MANAGER'S RECOMMENDATION
A. Adopt Resolution No. OCSD 16-XX entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District, approving the Ninth Amended
Joint Powers Agreement confirming the creation of the agency known as Southern
California Coastal Water Research Project Authority (SCCWRP), providing for
continuation of SCCWRP forfour years from July 1, 2017 through June 30, 2021";
and
B. Approve annual funding in the amount of $425,000 for FY 2017118, $450,000 for
FY 2018/19, $475,000 for FY 2019/20 and $500,000 for FY 2020/21.
SUMMARY
BACKGROUND
The Southern California Coastal Water Research Project Authority (SCCWRP) is a
research institute formed in 1969 as a joint powers agency(JPA). The JPA agreement
results from the signatory agencies, the Orange County Sanitation District (Sanitation
District), the City of Los Angeles, the City of San Diego and the County Sanitation
Districts of Los Angeles County, pooling resources to address the scientific
understanding of linkages among human activities, natural events, and the health of
the Southern California coastal environment. This Agreement provides for the
continuation of SCCWRP, a public entity separate and apart from the Signatories.
RELEVANT STANDARDS
• Maintain strong collaborative and cooperative relationships with regulators,
resource recovery and watershed agencies
• Leverage resources through cooperative projects with regional agencies in marine
monitoring and improvements in environmental analysis.
Page 1 of 2
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District would cease to be a member of SCCWRP and no longer be a
participant in coordinated regional studies, benefit directly from SCCWRP research
studies and would no longer have direct access to open discussions with regulatory
staff.
PRIOR COMMITTEE/BOARD ACTIONS
July 2012 — Approve Resolution No. OCSD 12-09, Eighth Amended Joint Powers
Agreement confirming the creation of an agency known as Southern California Coastal
Water Research Project Authority.
ADDITIONAL INFORMATION
The Sanitation District is a founding member of SCCWRP and has held continuous
membership since its inception. SCCWRP membership provides three major benefits to
the Sanitation District: 1)SCCWRP is an unbiased regional provider for research focused
on areas of concern of its members agencies and the environmental community at large,
2) SCCWRP coordinates regional studies and inter-agency collaborations for its
members, such as the quinquennial Bight projects, and 3) SCCWRP provides a forum
where regulators and the regulated community can engage in open and productive dialog
to address areas of concern or compliance issues, involving current and future permit
requirements to achieve the goals of both agencies.
This agreement increased the expenditure to SCCWRP by$25,000 per year over the four
(4) years of this agreement. This will be the first increase in member agency dues for
SCCWRP in eight (8) years.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. The following expenditures will be budgeted: $425,000 in FY 2017/18,
$450,000 in FY 2018/19, $475,000 in FY 2019/20, and $500,000 in FY 2020/21.
ATTACHMENT
The following attachment(s)are attached in hard copy and may also be viewed on-line at the OCSD website
(mm w.ocsd.coml with the complete agenda package:
• Resolution No. OCSD 16-XX
• SCCWRP Ninth Joint Powers Agreement.
Page 2 of 2
RESOLUTION NO. OCSD 16-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT, APPROVING
THE NINTH AMENDED JOINT POWERS AGREEMENT
CONFIRMING THE CREATION OF AN AGENCY KNOWN
AS SOUTHERN CALIFORNIA COASTAL WATER
RESEARCH PROJECT AUTHORITY (SCCWRP),
PROVIDING FOR CONTINUATION OF SCCWRP FOR
FOUR YEARS FROM JULY 1, 2017 THROUGH
JUNE 30, 2021
The Board of Directors of Orange County Sanitation District, DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
Section 1: That certain Ninth Amended Joint Powers Agreement Confirming the
Creation of an Agency Known as Southern California Coastal Water Research Project
Authority (SCCWRP), dated July 1, 2016, by and between Orange County Sanitation
District and the City of Los Angeles, County Sanitation District No. 2 of Los Angeles
County, and the City of San Diego, providing for continuation of SCCW RP for a four-year
period from July 1, 2017 through June 30, 2021, is hereby approved and accepted.
Section 2: That payment of the District's proportional share of the contribution
by the signatory agencies, in a total amount not to exceed $1,850,000, is hereby
approved, as follows:
FY 2017-2018 $ 425,000
FY 2018-2019 $ 450,000
FY 2019-2020 $ 475,000
FY 2020-2021 $ 500,000
Section 3: That the Chair and Clerk of the Board of Orange County Sanitation
District are hereby authorized and directed to execute said Agreement in a form approved
by the General Counsel.
OCSD 16-XX-1
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
April 27, 2016.
John Nielsen
Board Chair
ATTEST:
Kelly A. Lore
Clerk of the Board
OCSD 16-XX-2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 16-XX was passed and
adopted at a regular meeting of said Board on the 271h day of April 2016, by the following
vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 27� day of April 2016.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 16-XX-3
NINTH AMENDED
JOINT POWERS AGREEMENT
CONFIRMING THE CREATION OF
AN AGENCY KNOWN AS SOUTHERN CALIFORNIA
COASTAL WATER RESEARCH PROJECT AUTHORITY
This Amended Joint Powers Agreement which confirms the creation of an agency known
as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY,
commonly known as SCCWRP, is made and entered into effective the first day of July, 2017,by
and between the City of Los Angeles, a municipal corporation("Los Angeles"),the Orange
County Sanitation District, a special district("Orange County District'),the City of San Diego, a
municipal corporation("San Diego") and County Sanitation District No.2 of Los Angeles
County, a special district("Los Angeles County District'), hereinafter "Signatories"
(collectively)or"Signatory" (individually).
WHEREAS,the Signatories entered into an Eighth Amended Joint Powers Agreement
confirming the creation of an agency known as Southern California Coastal Water Research
Project Authority, effective July 1,2013;
WHEREAS, it is the desire of the Signatories to provide for the continuation of
SCCWRP pursuant to this Ninth Amended Joint Powers Agreement("Agreement'):
NOW,THEREFORE, the Signatories hereto do agree as follows:
1. PURPOSE
This Agreement provides for the continuation of a public entity separate and apart from
the Signatories to this Agreement to administer this Agreement,the purpose of which is to
enhance the scientific foundation for management of Southern California's ocean and associated
coastal watershed resources.
2. CREATION OF SCCWRP
Pursuant to Article 1, Chapter 5,Division 7, Title 1 Government Code(Sections 6500 et
sec.),the parties hereby confirm the existence of an agency as a public entity, separate and apart
from the Signatories to this Agreement to be known as SOUTHERN CALIFORNIA COASTAL
WATER RESEARCH PROJECT AUTHORITY (hereinafter"SCCWRP"). Such agency shall,
through the Commission referred to below, administer and execute this Agreement.
1
3. ORGANIZATION
SCCWRP shall be governed by a ten-member Commission composed of representatives
of public bodies with accountability for water quality management and aquatic protection in the
Southern California Bight as follows:
(a) Associate Director, Water Division,U.S. Environmental Protection Agency,
Region DC;
(b) Deputy Director,Division of Water Quality, California State Water Resources
Control Board;
(c) Executive Officer, Regional Water Quality Control Board-Los Angeles Region;
(d) Executive Officer, Regional Water Quality Control Board- Santa Ana Region;
(e) Executive Officer, Regional Water Quality Control Board- San Diego Region;
(f) Director, Bureau of Sanitation,City of Los Angeles;
(g) Chief Engineer and General Manager,County Sanitation District No. 2 of
Los Angeles County;
(h) General Manager, Orange County Sanitation District;
(i) Director of Public Utilities, City of San Diego; and
(j) Ocean Protection Council Executive Director/Deputy Secretary for Ocean and
Coastal Policy, California Natural Resources Agency.
The Commission shall meet at least four times each calendar year and at such other
appropriate intervals as are necessary to conduct the business of SCCWRP. All such meetings
shall be subject to the Ralph M. Brown Act, commencing with Section 54950 of the Government
Code of the State of California. Five members shall constitute a quorum and a simple majority
vote of that quorum shall be required for action to be taken.
A staff designee may be appointed as an alternate by the person holding the offices set
forth above and shall act as a member of the Commission in place of such officer during his or
her absence, inability or refusal to act and shall serve indefinitely at the pleasure of the
appointing officer and until a successor is appointed, or until such designee dies,becomes
incapacitated or resigns. Such designation shall be in writing and shall be delivered to the
Executive Director at the offices of SCCWRP.
Upon the concurrence of two-thirds vote of the members of the Commission,public
bodies of the Commission may designate a new permanent representative.
2
The Commission shall, at its first meeting and thereafter at its first meeting following
July 1 of each succeeding year,elect a Chair and Vice-Chair from among its members. The Vice
-Chair shall assume the responsibilities of the Chair in the absence of the Chair and the Chair's
alternate.
The Commission members shall serve for a term identical to the term of this Agreement,
and such term shall be extended automatically as the Agreement is extended. The Commission
members shall not be entitled to compensation for attendance or expenses.
Administrative and purchasing policies and procedures shall be established by the
Commission and shall comply with the law of the State of California.
The debts, liabilities and obligations of SCCWRP shall not constitute the debts, liabilities
or obligations of any of the Commission members or members of any Advisory Board of
SCCWRP. Such debts, liabilities or obligations shall be those of SCCWRP.
Upon the concurrence of two-thirds vote of the members of the Commission, other public
agencies having a power common to the Signatories may be added as parties to this Agreement
and each such party shall acknowledge its agreement to the terms hereof by executing this
Agreement upon authorization of its governing Board. Such additional agency or agencies shall
have responsibilities identical to those of the Signatories as set forth in paragraph 4 hereof; and
the Chief Executive Officer thereof, together with his or her designee, shall be a member and
alternate member of the Commission with those powers conferred upon the Signatories. The
financial contribution required of such additional agency or agencies shall be determined by a
majority of the Commission members representing the Signatories.
4. COMMISSION RESPONSIBII.ITIES
The responsibilities of the Commission shall include, but not be limited to,the following:
(a) Establishing and appointing members of advisory boards, committees, other like
groups and consultants as it deems appropriate to further the purposes of this Agreement;
(b) Hiring an Executive Director and establishing his or her responsibilities in
addition to those detailed herein. Two-thirds vote of the members of the Commission
shall be required for hiring the Executive Director;
(c) Overseeing development and approving SCCWRP's Research Plan;
(d) Approving the SCCWRP's Annual Operating Budget,recognizing that the
contributions of the Signatories shall be as provided in Section 8 hereof and taking into
account other projected sources of income;
3
(e) Reviewing and approving, on an annual basis, the salaries and benefits for the
Executive Director and other staff. Two-thirds vote of the members of the Commission
including two-thirds of the signatories shall be required for adoption;
(f) Conducting a performance review of the Executive Director on an annual basis;
(g) Reviewing the financial status of SCCWRP;
(h) Establishing objectives,priorities,policies, guidelines, and other such
responsibilities as may be appropriate from time to time; and
(i) Taking such further action as it deems appropriate to carry out the purposes of this
Agreement.
5. ASSOCIATE COMMISSION MEMBERS
Associate Commission members attend and participate fully in Commission meetings,
and are entitled to one-quarter vote. Associate Commission members shall have responsibilities
identical to those of the Signatories as set forth in Section 4 above.
Upon execution of the attached Associate Commission Member Agreement, SCCWRP's
Associate Commission members shall be composed of representatives of public bodies with
accountability for water quality management and aquatic protection as follows:
Ventura County Watershed Protection District;
Los Angeles County Flood Control District;
County of Orange; and
County of San Diego.
Upon concurrence of two-thirds vote of the members of the Commission, other public
agencies having a power common to the Signatories may be invited to become Associate
Commission Members of the agency. Each party shall acknowledge its agreement to the terms
set forth in an associate Commission member agreement. Thereupon the Chief Executive
Officer thereof, or substitute representative pursuant to Section 3, or his or her designee as an
alternate, shall serve as members of the Commission.
6. ADVISORY BOARDS
The Commission may from time to time appoint one or more advisory boards to assist in
carrying out the objectives of SCCWRP. The Commission shall determine the purpose and need
for such board(s) and the necessary qualifications for individuals appointed to the board(s).
4
Each member of the advisory board(s) shall be entitled to compensation for his or her
consulting services as established by the Commission from time to time. In addition, each
member of the advisory board(s) shall be entitled to reimbursement for actual expenses
reasonably and necessarily incurred, as well as travel and per diem expenses in an amount or at a
rate established from time to time by the Commission.
7. EXECUTIVE DIRECTOR
The Commission shall appoint an Executive Director under whose general supervision
and control SCCWRP shall be conducted. In accordance with paragraph 4(b)the Executive
Director shall be appointed by the Commission and shall serve at the pleasure of the
Commission.
The Executive Director's compensation shall be set at a level that adequately takes into
consideration factors including,but not limited to, the proficiency with which the agency is
directed,the degree of satisfactory progress in completing the approved research plan, success in
obtaining outside funding and success in managing SCCWRP's budget.
S. EXECUTIVE DIRECTOR'S RESPONSIBILITIES
The Executive Director's responsibilities shall include, but not be limited to:
(a) Developing recommended research priorities and objectives for consideration by
the Commission and directing research programs;
(b) Reviewing and editing reports and manuscripts produced by SCCWRP's scientific
staff;
(c) Managing day-to-day operations;
(d) Managing the personnel activities of SCCWRP as is necessary to fulfill the
purposes of this Agreement, subject to such periodic review and approval as the
Commission deems appropriate;
(e) Delegating such authority as is necessary to staff to insure the smooth operation
of the organization:
(f) Securing outside grants and other funding in support of SCCWRP's research
objectives;
(g) Entering into contracts and agreements on behalf of SCCWRP in accordance with
the policies and procedures governing purchases of supplies, equipment and services
adopted from time to time by the Commission and in accordance with the provisions of
Section 9 regarding grants and contracts;
5
(h) Providing reports to the Commission on the status of research in progress,Annual
Operating Budgets (actual versus budgeted) and cash flow analysis;
(i) Having charge of handling and having access to any property of SCCWRP upon
the filing of a fidelity bond in the amount of Fifty Thousand Dollars ($50,000); and
0) Acting as Secretary to SCCWRP until such time as the Commission appoints
another person to this office.
9. FUNDING
Each Signatory shall provide annual funding on July 1 of each year for SCCWRP during
the term of this agreement according to the following schedule:
FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
$425,000 $450,000 $475,000 $500,000
Each Associate Commission member of the agency will be required to provide annual
funding on July 1 of each year according to the following schedule:
FY 2017/2018 FY 2018/19 FY 2019/20 FY 2020/21
$125,000 $125,000 $125,000 $125,000
The fiscal year(FY)is defined as being from July 1 of the current calendar year to and
including June 30 of the following calendar year.
As a condition to the addition of any public agency as party to this Agreement pursuant to
paragraph 3 hereof, the public agencies which are then signatories to this Agreement may,by a
vote of their Commission representatives,modify the funding set forth above in a manner which
takes into account the financial needs of SCCWRP,provided that funding of any existing
signatory shall not exceed that set forth above.
In such event, all new and existing Signatories,through their Commission
representatives, shall execute a supplement to this Agreement entitled Summlement To Funding
Pursuant to Paragraph 9 and shall attach it to this Agreement.
It is further agreed that SCCWRP,through its Executive Director, shall use its best efforts
in procuring sources of income other than contributions from the Signatories. Such sources
include,but are not limited to,income from grants or contracts from federal and state agencies.
Grants and contracts may be entered into by the Executive Director, or Deputy Director in
his/her absence,to the limit of One Hundred Thousand Dollars ($100,000)per individual
agreement and any grant or contract in excess of said sum but no more than Two Hundred and
Fifty Thousand Dollars ($250,000)may be entered into by the Executive Director, or Deputy
Director in his/her absence,provided it is approved by the Chair of the Commission prior to
acceptance and execution by the Executive Director or Deputy Director. Any grant or contract in
6
excess of Two Hundred and Fifty Thousand Dollars ($250,000) shall require the prior express
approval of the members of the Commission.
The Commission shall yearly, on or before June 30,adopt and issue an estimated Annual
Operating Budget that projects the funds necessary to maintain and operate SCCWRP for the
forthcoming fiscal year being from July 1 of the current calendar year to and including June 30
of the following calendar year. The Budget shall,among other things, contain a statement of
anticipated outside sources of revenue and shall not exceed the sum of the total contributions by
the signatories, as hereinabove provided,plus the outside revenue.
In the event that any Signatory is unable or unwilling to pay to SCCWRP the funding
attributable to it for the upcoming fiscal year as set forth above, then such Signatory shall notify
in writing each of the other Signatories and SCCWRP of its inability no later than February 1.
Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and
SCCWRP created hereby, effective as of July 1 of such year. SCCWRP shall continue in effect
and all provisions hereof shall be binding except that the maximum net funds which may be
requested of the Signatories shall not be increased above the individual agency contributions set
forth above, unless otherwise agreed to by all of the remaining Signatories.
In the absence of such notification,each Signatory shall be deemed to have consented to
such expenditure and the amount thereof shall,on July 1,become an enforceable obligation of
each Signatory to the extent permitted by law.
Nothing in this Agreement shall preclude a Signatory from advancing all or a portion of
its contribution to SCCWRP.
None of the Signatories to this Agreement shall be entitled by virtue of withdrawal to
receive any payment of money or share of assets of SCCWRP except as may be agreed upon by
the remaining Signatories.
10. TERM AND TERMINATION
This Amended Joint Powers Agreement shall remain in full force and effect from July 1,
2017 through June 30, 2021 inclusive.
In the event that any Signatory chooses to withdraw from SCCWRP,then such Signatory
shall notify in writing each of the other Signatories and SCCWRP of its decision,no later than
February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement
and SCCWRP created hereby effective as of June 30 of such year. SCCWRP shall continue in
effect and all provisions hereof shall be binding upon and inure to the benefit of the remaining
Signatories.
In the event that any non-Signatory agency of the Commission chooses to withdraw from
SCCWRP,then such Commission agency shall notify SCCWRP of its decision in writing at least
thirty(30)days prior to the date of anticipated withdrawal. Such Commission agency shall be
thereupon deemed withdrawn from participation on the date specified in this notice provided
7
such notice is given at least 30 days prior to the anticipated withdrawal and SCCWRP.
SCCWRP shall continue in effect and be governed by the remaining Commission members.
11. SCOPE AND CONDUCT OF SCCWRP
The scope of SCCWRP's research work shall be reviewed and approved annually by the
Commission,which shall seek the advice and counsel of the Executive Director and any other
outside advisors deemed necessary or appropriate.
The mechanism for review shall be a working research plan, revised annually or as
otherwise necessary as determined by the Commission, stating the overall goals and objectives
and including an outline of the known current and anticipated future year's research, staffing and
funding necessary to successfully achieve the research objectives of this Agreement.
The Commission shall, from time to time,but not less than once each year, submit a
report to the governing bodies of each of the Signatories of this Agreement that shall include,but
not be limited to,a summary of research accomplishments during the past year,discussion of
research in progress and a financial statement.
12. AGENCIES OF SCCWRP
The Executive Director is hereby appointed the Treasurer of SCCWRP and shall be
responsible for the disposition of the funds of SCCWRP. The Executive Director is also
appointed Auditor of SCCWRP.
The Treasurer and Auditor shall make such reports and cause such audits of the accounts
and records of SCCWRP to be made as are required by law.
The Commission shall employ such legal counsel as it determines shall best serve the
interests of SCCWRP.
SCCWRP shall be strictly accountable for all funds and shall report all receipts and
disbursements.
The manner of exercising the common power provided for herein shall be subject to the
restrictions on the manner of exercising such power of the Los Angeles County District.
13. ACCOUNTING
SCCWRP shall establish and maintain such funds and accounts as may be required by
good accounting practice. The Treasurer of SCCWRP shall have custody of the funds of
SCCWRP and disbursement shall be made by the Treasurer in accordance with applicable
procedures. Any earnings on the funds of SCCWRP shall be credited to and be a part of the
funds of SCCWRP.
8
The fiscal year of SCCWRP shall begin on the first day of July of each year and shall end
on the thirtieth day of June of the following.
The Auditor shall contract with an independent certified public accountant to make an
annual audit of the account and records of SCCWRP. A report thereof shall be filed as a public
record with each of the Signatories and also with the County Auditor of the Counties of Los
Angeles,Orange and San Diego. Such report shall also be filed with the Secretary of the State of
California and shall be filed within twelve (12)months of the end of the fiscal yew under such
examination.
The cost of the audit shall be a debt of SCCWRP.
14. POWERS AND DUTIES OF SCCWRP
SCCWRP shall and is hereby authorized in its own name to do all things necessary and
desirable (subject to the limitations provided in this Agreement)to carry out the purposes of this
Agreement, including,but not limited to,the following:
(a) To make and enter into contracts;
(b) To employ agents and employees;
(c) To acquire, construct, manage,maintain or operate any buildings,works or
improvements;
(d) To acquire,hold or dispose of property;
(e) To incur debts, liabilities and obligations which shall not constitute the debts,
liabilities or obligations of any of the Signatories or any of the Commission members;
and
(1) To sue and be sued in its own time.
15. DISPOSITION OF PROPERTY AND SURPLUS FUND
At the termination of this Agreement, any and all property, funds, assets and interests
therein of SCCWRP shall become the property of and be distributed to such of the Signatories as
we then members of SCCWRP, or their successors, in the same proportion as the then
Signatories, or their successors, have contributed to the total cost of the agency.
16. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability,exemptions from laws, ordinances and
rules, all pension,relief, disability, workers compensation and other benefits which apply to the
activities of officers,agents or employees of any of the public agencies which are signatory to
this Agreement when performing their respective functions within the territorial limits of their
9
respective public agencies, shall apply to them to the same degree and extent while engaged in
the performance of any of their functions and duties extra-territorially under the provisions of
this Agreement.
17. MISCELLANEOUS
The section headings herein are for convenience only and are not to be construed as
modifying or governing the language in the section referred to.
18. SUCCESSORS
This agreement shall be binding upon and shall inure to the benefit of the successors of
the parties.
19. INDEMNIFICATION AND LIABILITY INSURANCE
SCCWRP shall carry during the entire term of this Agreement, liability insurance
coverage,naming all Signatories and others including Commission members as additional
insured parties, in such kind and amounts as the Commission may from time to time determine to
be appropriate. Such cost shall be a debt of SCCWRP.
SCCWRP shall indemnify and hold harmless each Commission agency, its officers,
agents,and employees, including each agency representative from and against all claims,
demands or liability,including legal costs, arising out of or encountered in connection with this
Agreement and the activities conducted hereunder and shall defend them and each of them
against any claim,cause of action, liability, or damage resulting therefrom.
20. DISCLAIMER
Approval of research work by the Commission is not intended in any way to bind,
commit or unduly influence decisions of the Signatory or non-Signatory members of the
Commission. The findings, conclusions and recommendations of SCCWRP shall not be
construed necessarily as the position of any Signatory or non-Signatory member of the
Commission.
21. COUNTERPART
This Agreement may be signed in several counterparts, each of which shall be deemed an
original and all of which shall constitute but one and the same agreement.
IN WITNESS THEREOF, the parties have executed this Ninth Amended Agreement on
the dates hereafter set forth.
10
CITY OF LOS ANGELES, DATED:
a municipal corporation
By: ATTEST:
APPROVED AS To FORM:
By:
ORANGE COUNTY SANITATION DATED:
DISTRICT,a special district
By:
John Nielsen,Board Chair ATTEST:
Kelly Lore, Clerk of the Board
APPROVED AS To FORM:
By:
Bradley R. Hogin, General Counsel
[Signatures Continue]
11
CITY OF SAN DIEGO, DATED:
a municipal corporation
By: ATTEST:
APPROVED AS TO FORM:
By:
12
COUNTY SANITATION DISTRICT No. DATED:
2 OF LOS ANGELES COUNTY,
a special district
By: ATTEST:
APPROVED AS TO FORM:
By:
(End of Signatures)
13
OPERATIONS COMMITTEE Meeting Date To Bd.of Dir.
04/06,16 04/27/16
AGENDA REPORT I em Number Rem Number
1D
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SARI ROCK STABILIZERS REMOVAL, PROJECT NO. 241-8
GENERAL MANAGER'S RECOMMENDATION
A. Consider, receive, and file the Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program for the SARI Rock Stabilizers
Removal, Project No. 241-8, prepared by Michael Baker International; and
B. Adopt Resolution No. OCSD 16-XX entitled; "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated Negative
Declaration for the Santa Ana River Interceptor Rock Removal,
Project No. 2-41-8; adopting a Mitigation Monitoring and Reporting Program; and
approving the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8."
SUMMARY
BACKGROUND
The Orange County Sanitation District (Sanitation District) owns and operates the
Santa Ana River Interceptor (SARI) pipeline along the Santa Ana River starting at the
Riverside/San Bemardino County Line. A four-mile segment of the SARI line within
the Santa Ana Canyon was subjected to erosion and potential failure from high flow
releases in the Santa Ana River during major flood events.To prevent this, the County
of Orange, in collaboration with the U.S. Army Corps of Engineers (Corps of
Engineers), the Santa Ana Watershed Project Authority, and the Sanitation District,
completed the SARI Realignment, Project No. 2-41.
Prior to completion of the realignment, the Sanitation District had, at various times
over the years, placed rocks in the river to protect certain segments of pipe. The
permits issued by the Corps of Engineers to place the rocks obligated the Sanitation
District to remove the rocks when the pipeline was relocated and the Corps of
Engineers completed armoring the river banks. With completion of the realignment
work, the Sanitation District is now obligated to remove the rocks once the Corps of
Engineers completes the bank armoring, which is expected to be completed in 2017.
RELEVANT STANDARDS
• Public Resource Code 21000 et. seq.
• Listen to and seriously consider community input on environmental concerns
Page 1 of 3
Maintain collaborative and cooperative relationships with neighboring agencies
PROBLEM
State law requires that a review of potential environmental impacts of a project be
conducted per the California Environmental Quality Act (CEQA) prior to beginning
construction.
PROPOSED SOLUTION
The Sanitation District prepared an Initial Study and the corresponding supporting
document, which in this case is a Mitigated Negative Declaration.
TIMING CONCERNS
The Sanitation District intends to begin soliciting professional design services for
preparation of the plans and specifications for the required rock removal in April 2016.
The CEQA process should be completed before design services actually begin, which
is expected in August 2016.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District is required to comply with permits issued by the Corps of
Engineers to remove temporary rock that was placed between the years 2005-2011
to protect the now abandoned SARI line. Failure to file and adopt the Mitigated
Negative Declaration prohibits the project from moving forward and complying with
permits.
PRIOR COMMITTEE/BOARD ACTIONS
May 2015 -Approved a Professional Services Agreement with RBF Consulting, a Michael
Baker International Company, to provide environmental engineering services for the
preparation of a CEQA document.
ADDITIONAL INFORMATION
N/A
CEQA
The Sanitation District, as lead agency, prepared an Initial Study analyzing the project's
potential environmental impacts. Based on the Initial Study, it was determined that all of
the project's potentially significant environmental impacts can be mitigated to a level of
less than significance. On this basis, a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program have been prepared. A 30-day public review period
commenced on January 20, 2016 and ended on February 19, 2016. The Initial
Study/Mitigated Negative Declaration was also submitted to the State Clearinghouse for
Page 2 of 3
a 30-day comment period. (State Clearinghouse No. 2016011050.) The Sanitation
District received comments on the Initial Study/Mitigated Negative Declaration, which are
included in the Mitigated Negative Declaration, along with responses to those comments.
The proposed Resolution making CEQA findings and adopting the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program is attached for the Board's
consideration and approval.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Budget Fiscal Years 2014-15 and 2015-16,
Section 8, Page 20). The Santa Ana Watershed Project Authority (SAWPA) will
reimburse the Sanitation District for 76% of the cost of this project.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.corn with the
complete agenda package:
• Initial Study/Mitigated Negative Declaration
• OCSD Resolution No. 16-XX (attached in hard copy)
HK:DC:dm:gc
Page 3 of 3
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FINAL MARCH 2O16
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Santa Ana River Interceptor
Rock Stabilizers Removal,
(Project No. 2-41 -8)
Initial Study/Mitigated Negative Declaration
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Prepared for:
Orange County Sanitation District
Prepared by:
Michael Baker International
FINAL
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Santa Ana River Interceptor
Rock Stabilizers Removal,
(Project No. 2-41 -8)
Lead Agency:
,hVV SARI,
b f
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0
A THE HVV
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Contact: Ms. Daisy Covarrubias
Senior Staff Analyst
714.593.7119
Prepared by:
MICHAEL BAKER INTERNATIONAL
14725 Alton Parkway
Irvine, California 92618-2027
Contact: Mr. Eddie Torres, INCE
949.472.3505
March 2016
JN 147237
This document is designed for double-sided printing to conserve natural resources.
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
TABLE OF CONTENTS
1.0 Introduction.................................................................................................................................................1.1
2.0 Response to Comments.............................................................................................................................2.1
3.0 Errata...........................................................................................................................................................3.1
4.0 Mitigation Monitoring and Reporting Program........................................................................................4.1
Final I March 2016 1 Table of Contents
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
This page intentionally left blank.
Final I March 2016 ii Table of Contents
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
1 .0 INTRODUCTION
The Santa Ana River Interceptor pipeline (SARI), built and maintained by the Orange County Sanitation
District(OCSD), extends along the Santa Ana River floodplain, across the Green River Golf Club, and then
partially within the flood plain to Weir Canyon Road, within unincorporated Orange County and the City of
Yorba Linda, California. The proposed project would remove rock material from the Santa Ana River
channel downstream of the Green River Golf Club. As required by permit conditions for OCSD's SARI
pipeline abandonment and relocation project, OCSD proposes to remove temporary rock rip rap material
where practical along this segment of the Santa Ana River (the proposed project). Upon rock rip rap
removal, minor smoothing of the river banks would be performed to restore their shape in areas where rock
is removed. Site access would occur via existing unpaved temporary roads, most of which were used in
the past to deposit the rock and access former OCSD manholes(which have now been abandoned). After
removal work is completed, temporary access roads that led to past manholes would be scarified and
hydro-seeded with a native plant mix approved by the resource agencies to facilitate re-growth of
vegetation.
In accordance with the California Environmental Quality Act (CEQA) Guidelines, an Initial Study/Mitigated
Negative Declaration (IS/MND) has been prepared for the proposed Santa Ana River Interceptor Rock
Stabilizers Removal, (Project No. 2-41-8).
The IS/MND was made available for public review and comment pursuant to CEQA Guidelines Section
15070. The public review commenced on January 20, 2016 and concluded on February 19, 2016. The
IS/MND and supporting attachments were available for review by the general public at:
• Orange County Sanitation District,Administrative Office Bldg., Engineering Department, 10844
Ellis Avenue, Fountain Valley, CA 92708
• Yorba Linda Public Library, 18181 Imperial Highway,Yorba Linda, CA 92886
• Corona Public Library, 650 S. Main Street, Corona, CA 92882
• East Anaheim Branch Library,8201 E. Santa Ana Canyon Road,Anaheim, CA 92808
Final I March 2016 1.1 Introduction
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
This page intentionally left blank.
Finals March 2016 1-2 Introduction
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
2.0 RESPONSE TO COMMENTS
During the public review period, comments were received on the IS/MND from certain interested public
agencies and private parties. The following is a list of the persons, firms, or agencies that submitted
comments on the IS/MND during the public review period:
Comment Person,Firm,or Agency Letter Dated
Letter No.
Scott Morgan,Director
1 State Clearinghouse and Planning Unit February 19,2016
Governor's Office of Planningand Research
Maureen El Hamke,Branch Chief
2 Branch Chief,Regional-Community-Transit Planning February 3,2016
Califomia De artment of Transportation
Gail K.Sevrens,Environmental Program Manager
3 South Coast Region February 17,2016
Califomia De rtment of Fish and Wildlife
4 Public Meeting February 2,2016
Although the CEQA Guidelines do not require a Lead Agency to prepare written responses to comments
received (see CEQA Guidelines Section 15088), the Orange County Sanitation District has elected to
prepare the following written responses with the intent of conducting a comprehensive and meaningful
evaluation of the proposed project. The number designations in the responses are correlated to the
bracketed and identified portions of each comment letter.
Final I March 2016 2-1 Response to Comments
COMMENT LETTER 1
4 F](4HN
STATE OF CALIFORNIA
8 +
Governor's Office of Planning and Research
State Clearinghouse and Planning Unit
Edmund G.Brown Jr. Ken Alex
Governor Director
February 19,2016
Daisy Covarrbuias
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley,CA 92708
Subject: Santa Ana River Interceptor Rock Removal Project(Project No.241-8)
SCH#: 2016011050
Dear Daisy Covarrbmas:
The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state
agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has
listed the state agencies that reviewed your document. The review period closed on February 18,2016,and
the comments from the responding agency lies)is(are)enclosed. If this comment package is not in order,
please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State
Clearinghouse number in future correspondence so that we may respond promptly.
Please note that Section 21104(c)of the California Public Resources Code states that:
"A responsible or other public agency shall only make substantive comments regarding those
activities involved in a project which are within an area of expertise of the agency ur which are 1-1
required to be carried out ar approved by the agency. Those comments shall be supported by
specific documentation."
These comments are forwarded for use in preparing your final environmental document. Should you need
more information or clarification of the enclosed comments,we recommend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for
draft environmental documents,pursuant to the California Environmental Quality Act. Please contact the
State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review
process.
Sincerely,-
Scott Morgan
Director,State Clearinghouse
Enclosures
cc: Resources Agency
1400 TENTH STREET P.O.BOX 30" SACRAMENTO,CALIFORNIA 95812-3044
TEL(916)445-0613 FAX(916)323-3018 www.opr.ca.gov
Document Details Report
State Clearinghouse Data Base
SCH# 2016011050
Project Title Santa Ana River Interceptor Rock Removal Project(Project No.2-41-8)
Lead Agency Orange County Sanitation District
Type MIND Mitigated Negative Declaration
Description The proposed project would remove rock material from the Santa Ana River channel downstream of
the Green River Golf Club. As required by permit conditions,the project would remove temporary rock
rip rap material that was placed since 2005. Rock placed before 2005 would also be removed where
practical. Minor smoothing of the river banks would be performed to restore their shape in areas
where rock is removed. Site access would occur via existing unpaved temporary roads, most of which
were used in the past to deposit the rock and access former OCSD manholes(which have now been
abandoned). After removal work is completed,temporary access roads that led to past manholes
would be scarified and hydro-seeded with a native plant mixed approve by the resource agencies to
facilitate re-growth of vegetation.
Lead Agency Contact
Name Daisy Covanbuias
Agency Orange County Sanitation District
Phone 714-593-7119 Fax
email
Address 10844 Ellis Avenue
City Fountain Valley State CA Zip 92708
Project Location
County Orange
City Yorba Linda,Anaheim
Region
Lat/Long 33°52'21.12"N/117'42'42.22"W
Cross Streets Gypsum Canyon Road and E.La Palma Ave.
Parcel No.
Township 3S Range 8W Section 34 Base SBBM
Proximity to:
Highways SR-91
Airports
Railways BNSF
Waterways Santa Ana River
Schools
Land Use Open Space(OS-General)/Open Space by Yorba Linda and Open Space/General Agriculture(At)by
County.
Project Issues Aesthetic/Visual;Agricultural Land;Air Quality;Archaeologic-Historic;Biological Resources;
Dreinage/Absorption; Emnomics/Jobs;Flood Plain/Flooding; Forest Land/Fire Hazard;
Geologic/Seismic; Noise;Population/Housing Balance; Public Services;Recreation/Parks;
Schools/Universities;Sewer Capacity;Soil Erosion/Compaction/Grading; Solid Waste;
Toxic/Hazardous;Traf clCirculation;Vegetation;Water Quality;Wetland/Riparian;Water Supply;
Landuse;Other Issues
Reviewing Resources Agency; Department of Boating and Waterways; Department of Fish and Wildlife,Region
Agencies 5;Caltrans, Division of Aeronautics; Department of Water Resources;California Highway Patrol;
Caltrsns,District 12;Air Resources Board;Regional Water Quality Control Board, Region 8; Native
American Heritage Commission;Public Utilities Commission;State Lands Commission
Date Received 01/20/2016 Startol'Review 01/20/2016 EndofReview 02/18/2016
Note: Blanks in data fields result from insufficient information provided by lead agency.
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Response No. 1
Mr.Scott Morgan, Director
State Clearinghouse and Planning Unit
Governor's Office of Planning and Research
February 22,2016
1-1 The commenter indicates that the State Clearinghouse submitted the IS/MND to selected stale
agencies for review, and that the comment period for the Draft IS/MND concluded on February
18, 2016 for Stale agencies. The comment indicates that the lead agency complied with the
review requirements for draft environmental documents pursuant to CEQA. It also provides a
summary of information contained within the State Clearinghouse's database for the proposed
project. As such, the comment does not provide specific comments regarding information
presented in the IS/MND and no further response is necessary.
Final I March 2016 24 Response to Comments
COMMENT LETTER 2
D. ,.I�„
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
3347 MICHELSON DRIVE,SUITE 100
IRVINE.CA 92612-8894
PHONE (949)724.2000
FAX (949)724.2019 udp
TTY 711
www.dotu.gov
February 3,2016
Ms. Daisy Covarrubias File: IGR/CEQA
Orange County Sanitation District SCH:2016011050
10844 Ellis Avenue IGR Log:4601
Fountain Valley,CA 92708 SR: 91
Dear Ms. Covarrubias:
Thank you for the opportunity to review and comment on the Draft Mitigated Negative
Declaration(MND)for the Santa Ana River Interceptor Rock Removal Project.The project
would remove rock material from the Santa Ana River channel downstream of the Green River
Golf Club.The project would allow for compliance with permit conditions by moving temporary
rock rip rap placed there before 2005. The project is located in the City of Yorba Linda and
unincorporated Orange County,along the Santa Ana River. The nearest state route to the project
site is SR-91.
Caltrans is a responsible and commenting agency on this project and has no comments at this 2.1
time,however, in the event of any activity in Caltrans right-of-way an encroachment permit will
be required. Any project work proposed in the vicinity of the State right of way would require
an encroachment permit and all environmental concerns must be adequately addressed. If the
environmental documentation for the project does not meet Caltrans's requirements,additional
documentation would be required before approval of the encroachment permit. Please coordinate
with Caltrans to meet requirements for any work within or near State right of
wayhttp://www.dot.ca. og v/hg/tmffops/dcvclopserv/permits
Please continue to keep us informed of this project and any future developments that could
potentially impact State transportation facilities. If you have any questions or need to contact us,
please do not hesitate to call Maryam Molavi at(949) 724-2241.
Sincerely,
MAUREEN EL HARAKE
Branch Chief, Regional-Community-Transit Planning
District 12
"Prowdenwfi'.am.,.bk.Okegrnkd mdef/laknllmnywmuon NFlem
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a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Response No. 2
Ms. Maureen El Harake, Branch Chief
Branch Chief, Regional-Community-Transit Planning
California Department of Transportation
February 3, 2016
2-1 The commenter provides a summary of the project description. This comment states that
California Department of Transportation (Caltrans)has no comments at this time. It also states
that in the event of any activity in Caltrans right-of-way, an encroachment permit would be
required and all environmental concerns must be adequately addressed. If the project's
environmental documentation does not meet Caltrans's requirements, additional
documentation would be required. As disclosed on page 2-23 of the Public Review Draft
IS/MND, a Caltrans Encroachment Permit would be required as part of the proposed project.
The Orange County Sanitation District would provide Caltrans any required documentation, as
necessary. Caltrans also requests information on the progress of the project and any future
developments that could potentially impact the State Transportation Facilities.
Final March 2016 2-6 Response to Comments
COMMENT LETTER 3
State of California -Natural Resources Agency EDMUND G. BROWN JR. Govemor
r DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM,Director
South Coast Region
3883 Ruffin Road
San Diego, CA 92123
(858)467-4201
www.wildlife.r .gov
February 17, 2016
Ms. Carla Dillon
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
CEQA@OCSD.com
Subject: Comments on the Notice of Intent to Adopt a Mitigated Negative Declaration for
the Santa Ana River Interceptor Rock Removal Project, Orange County, CA
(SCH# 2016011050)
Dear Ms. Dillon:
The California Department of Fish and Wildlife (Department) has reviewed the above-
referenced Notice of Intent to Adopt a Mitigated Negative Declaration (MND)for the proposed
Santa Ana River Interceptor Rock Removal Project, dated January 20, 2016. The following
statements and comments have been prepared pursuant to the Department's authority as
Trustee Agency with jurisdiction over natural resources affected by the project (California
Environmental Quality Act [CEQA] Guidelines § 15386) and pursuant to our authority as a
Responsible Agency under CEQA Guidelines section 15381 over those aspects of the proposed
project that come under the purview of the California Endangered Species Act (CESA; Fish and
Game Code §2050 et seq.) and Fish and Game Code section 1600 at seq. The Department
also administers the Natural Community Conservation Planning (NCCP) program.
In order to fulfill permit requirements, the project would remove temporary rock rip rap material
that was placed in 2005 in order to protect the Santa Ana River Interceptor(SARI) line. Located
in the Santa Ana River channel downstream of the Green River Goff Club, the project area 3-1
comprises many small sites that would be accessed separately through existing unpaved roads.
Construction is anticipated to last 12 months beginning in 2017. concurrent with other
construction in the immediate vicinity, including the United States Army Corps of Engineers
(ACOE) Santa Ana River Reach 9 Improvement Project (Phases 4, 5A, 51S) and the Santa Ana
River Parkway Extension Project (Orange County Public Works (OCPW)).
The Santa Ana River is an important wildlife corridor for many species, particularly migratory
birds, and many avian species use this area for breeding and nesting. In addition,
compensatory mitigation for other developments/projects exists in immediate proximity to the
proposed project.
The Department's main concerns regarding the proposed project include a lack of analysis of
cumulative impacts. We are also concerned about consistency with existing regional plans,
specifically the Santa Ana River Canyon Habitat Management Plan (SARCHMP). We offer the
following comments and recommendations to assist the Orange County Sanitation District
(Sanitation District) in avoiding or minimizing potential project impacts on biological resources.
Conserving CaCfomia's Wddlfe Since 1870
Ms. Carla Dillon
Orange County Sanitation District
February 17, 2016
Page 2 of 4
1. Cumulative impacts to biological resources are not discussed in detail in the draft MND. The
draft MND's Mandatory Findings of Significance states that,
"Due to the nature of the proposed project (i.e., removal of rip rap materials), implementation
would not involve significant cumulative impacts. Project implementation would not result in
increased capacity of the regional pipeline. The proposed project would not result in
population growth within the project area, either directly or indirectly. Although the project
may incrementally affect other resources that were determined to be less than significant,
the project's contribution to these effects is not considered 'cumulatively considerable', in
consideration of the relatively nominal impacts of the project. The proposed project would
not result in any significant adverse cumulative impacts; (page 4.18-1).
The Department is unclear as to how this conclusion was reached as analysis of cumulative
impacts to biological resources was not presented in the Biological Technical Report
(Appendix B; prepared by Bonterra) or MND. There are projects geographically proximate
to the project area, and the anticipated start of construction activities for the SARI Rock
Removal Project(September 2017) overlaps the temporal commencement of construction
activities for several other projects; therefore, the Department believes there is the potential
for cumulative impacts to occur as a result of project activities. We recommend that the
Biological Technical Report be amended to include a thorough analysis of cumulative
impacts of the proposed project relative to other projects occurring in the area, including, but
not limited to:
a. Old Canal Road Annex-Savi Ranch, City of Yorba Linda;
3.2
b. Mitsubishi Motors Site- Savi Ranch, City of Yorba Linda;
c. Santa Ana River Parkway Extension Project, OCPW;
d. Mountain Park Specific Plan, City of Anaheim;
e. Green River Road Widening: SR-91 to Palisades (48-11-6), City of Corona;
f. SR-91 Project, Riverside County Transportation Commission;
g. Orange County Water District Prado Basin Sediment Management Project, Orange
County Water District;
h. Orange County Water District La Palma Recharge Basin Project, Orange County Water
District; and
i. SAR Main Stream Improvements—Lower SAR Reach 9(Phases 4, 5A, and 5 B),
ACOE.
The final MND should include a detailed discussion of this analysis in the Mandatory
Findings of Significance section. If cumulative impacts are determined to be significant
without mitigation, the MIND should be amended to include a mitigation measure or
measures that bring the proposed project's cumulative impacts below a level of significance.
Ms. Carla Dillon
Orange County Sanitation District
February 17, 2016
Page 3 of 4
We recommend that the mitigation measure include inter-agency coordination within the
project area so that complex, high quality riparian or upland mitigation for other projects' 32
impacts will not be constructed within the SARI Rock Removal Project construction footprint.
2. The Department is unclear how the proposed project was designed to be consistent with the
Sanitation District's mitigation obligations for impacts under the SARCHMP. In 2002, the
Department issued a CESA Incidental Take Permit (for take of CESA-listed least Bell's vireo
[Vireo belli pusillus], southwestern willow flycatcher[Empidonax trailli trail6], and western
yellow-billed cuckoo [Coccyzus americans occidentalis]) and a Streambed Alteration
Agreement [1600-2001-0263-R6]to Orange County Flood Control for Prado Dam, Reach 9,
and Norco Bluffs Flood Control Improvement Project. The U.S. Fish and Wildlife Service
(USFWS) also issued a Biological Opinion pursuant to the Federal Endangered Species Act.
The permits required protection of the habitat and resources downstream of Prado Dam to
Weir Canyon (Reach 9). They also required the development of a Habitat Management 3-3
Plan (SARCHMP), including specific information on downstream monitoring to ensure no
future net loss of habitat within the Santa Ana River and to prevent additional take of least
Bell's vireo.
While the proposed project is partially located within Santa Ana River Canyon, the MND
does not discuss the SARCHMP. Details of the Sanitation District's mitigation obligations
under this regional plan, if any, as well as how the proposed project is designed to be
compliant with SARCHMP, should be summarized in the final MND. In addition, the MND
should include a discussion of how obligations under SARCHMP will be met, and mitigation
measures should be included which explicitly fulfill these obligations.
3. The Department concurs that mitigation measures BID 5, 6, and 7 partially avoid impacts to
sensitive avian species, specifically least Bell's vireo; however, we recommend these
measures be amended to include the following:
a. Clearing, grubbing, or/and excavation activities in potentially suitable nesting habitat is
not allowed during the nesting season for least Bell's vireo (March 15-August 31). If 34
these activities will occur during that time frame, the Department recommends the
Sanitation District seek appropriate take authorization under CESA prior to implementing
the project. Appropriate authorization from the Department may include an incidental
take permit or a consistency determination (Fish and Game Code §§2080.1, 2081,
subds. (b),(c)). Therefore, BIO-6 should be amended to specify the potential need for
take authorization;
b. We request that protocol surveys for least Bell's vireo, along with any other reports and
maps of significant impacts to native vegetationiforaging habitat be shared with the 3-5
Department as well as the USFWS (Wildlife Agencies);
c. Inclusion of a minimum nest protection buffer from 300 feet(most passerines)to 500
feet(raptors and sensitive species); and 3"6
d. Nesting surveys described be conducted no later than three (3) days prior to
construction. Longer periods between nesting surveys and the start of construction 3-7
activities increase the likelihood that nesting activity can occur undetected during this
Ms. Carla Dillon
Orange County Sanitation District
February 17, 2016
Page 4 of 4
period, which may increase direct impacts to special status and passerine species such I 3-7
that they are significant without further mitigation.
4. The Department requests that mitigation measure BIO-2 include a reporting element and I 3-8that these reports are made available to the Wildlife Agencies upon request.
Given that Santa Ana Sucker(Catostomus santaanae) is a California Species of Special
Concern, we recommend that mitigation measure BIO-4 be amended such that the Wildlife ;-9
Agencies are both informed of presence of this species if it is detected during preconstruction
surveys. We also request that presence/absence reports be made available.
We appreciate the opportunity to comment on the draft MND for this project and to assist the
Sanitation District in further minimizing and mitigating project impacts to biological resources.
The Department requests an opportunity to review and comment on any response that the ; 1U
Sanitation District has to our comments and to receive notification of the forthcoming hearing
date for the project (CEQA Guidelines; §15073(e)). If you have any questions or comments
regarding this letter, please contact Jennifer Edwards at (858)467-2717 or via email at
jennffer.edwards@wildlife.ra.gov.
Sincerely,
Gail K. Sevrens
Environmental Program Manager
South Coast Region
ec: Colleen Draguesku (U.S. Fish and Wildlife Service)
Scott Morgan (State Clearinghouse)
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Response No. 3
Ms. Gail K.Sevrens, Environmental Program Manager
South Coast Region
California Department of Fish and Wildlife
February 17,2016
3-1 The commenter provides general introductory information and a summary of the project
description, and a summary of the comments provided in the letter. Refer to Responses 3-2
through 3-10 for responses to these concerns.
3-2 It is acknowledged that cumulative projects are proposed in the area. Although cumulative
effects are considered, an impact is only present if the project cumulatively contributes to the
larger issue. The proposed project is a restoration project within the Santa Ana River and is
intended to restore the biological environment to pre-pipeline installation conditions. Currently,
the project site consists of highly disturbed unimproved access roads and rock rip-rap areas.
Thus, although cumulative projects would be occurring in the area, the project is not
anticipated to cumulatively contribute to a long-term biological impact to the area. The
proposed project would result in some construction-related impacts in order to remove rock rip-
rap materials from the river, these impacts are minimal and the proposed project would not
significantly cumulatively contribute to impacts during construction with implementation of the
recommended mitigation measures. Similarly, other cumulative projects would be required to
identify applicable mitigation measures on a project-by-project basis to ensure biological
impacts and other cumulatively considerable impacts during construction, are minimized
(further reducing the overall cumulative impact). Therefore, the proposed project would not
result in any significant cumulatively considerable impacts, including those to biological
resources.
The project would be subject to permits and other applicable agency approvals from the
County of Orange, cities of Yorba Linda, Corona, and Anaheim, California State Parks,
California Department of Transportation (Caltrans), California Department of Fish and Wildlife
(CDFW), and possibly the U.S. Fish and Wildlife Service (USFWS). As permits are required,
full agency consultation would be required by the permitting agencies as the project moves
through the permitting process.
3-3 The commenter requests a discussion on how the proposed project was designed to be
consistent with the mitigation obligations for impacts under the Santa Ana River Canyon
Habitat Management Plan (SARCHMP). The SARCHMP addresses the fioodplain and open
space wildlife habitat in Santa Ana Canyon below Prado Dam and provides for planning and
management continuity for the canyon habitat from Prado Dam downstream to Weir Canyon
Road. The project site is located within the SARCHMP. Implementation of the proposed
project would remove rock material from the Santa Ana River channel downstream of the
Green River Golf Club, as required by permit conditions set forth as part of the SARI pipeline
realignment project.
Final I March 2016 2.11 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
The intent of the SARCHMP is to mitigate (through fioodplain and habitat management)
impacts associated with the Santa Ana River Mainstem Project (SARP), as required by the
Final Supplemental Environmental Impact Statement (FSEIS). The proposed project is not
associated with the Santa Ana River Mainstem Project(SARP), but rather the Santa Ana River
Interceptor (SARI) Line Protection/Relocation project. As part of the SARI
Protection/Relocation Project, the USACE Special Condition 7 of Emergency Permit SPL-
2008-00996 requires OCSD"to remove all rock rip-rap that was installed to temporarily protect
the SARI line under emergency authorization (the subject of this Initial Study).
Thus, the proposed project is a restoration project within the Santa Ana River and is intended
to restore the biological environment to pre-rock placement conditions (which is consistent with
the intent of the SARCHMP). The proposed project would not change any land
uses/operations within the SARCHMP and the project would be consistent with the objectives
of the SARCHMP. Further, the project would be subject to permits and other applicable
agency approvals from the County of Orange, cities of Yorba Linda, Corona, and Anaheim,the
California State Parks, Caltrans, CDFW, and possibly the USFWS. Consistency with the
SARCHMP and the LCA would be required and reinforced by the permitting agencies during
the permitting process. Stakeholder meetings have been held to date, which have allowed
stakeholders to voice support and any concerns. Although short-term during construction
impacts occur,the rock removal and revegetation off-sets such impacts.
3-4 The commenter recommends that if construction activities occur during the nesting season for
least Bell's vireo, that OCSD shall seek appropriate take authorization under CESA prior to
project implementation. Appropriate authorization from the CDFW may include an incidental
take permit or a consistency determination pursuant to the California Fish and Game Code.
Refer to Response 3-5 for changes made to Mitigation Measures BIO-5 and BIO-6 and
Response 3-7 for changes made to Mitigation Measure BIO-7.
3-5 The commenter recommends that mitigation measures shall be amended to state protocol
surveys for least Bell's vireo and other reports and maps regarding significant impacts to native
vegetationlforaging habitat be made available to the CDFW and the USFWS. Changes to
Mitigation Measures BIO-5 and BIO-6 are as follows (refer to Response 3-7 for changes made
to Mitigation Measure BIO-7):
BIO-5 A qualified Biologist that conducts monitoring activities shall delineate (by the
use of fencing or lath and ropes/flagging) all areas adjacent to the impact area
that contain habitat suitable for least Bell's vireo occupation. In order to avoid
impacts on the least Bell's vireo, it would be necessary to perform construction
activities during the non-nesting season. If construction activities would occur
during the nesting season for the least Bell's vireo (i.e., March 15 to September
15) within 500 feet of potential habitat for this species (e.g., southern willow
scrub, mule fat scrub, southern cottonwood—willow riparian forest), a pre-
construction focused survey shall be conducted no later than three (31 days
Dror to construction to determine whether habitat within the impact boundaries
is occulpiedorqnQcQuiped at the time of construction. If a re-construction
Final I March 2016 2.12 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
focused survey is not conducted, all riparian habitat (i.e., southern willow scrub,
mule fat scrub, disturbed mulefat scrub, and southern cottonwood—willow
riparian forest) shall be considered occupied. If least Bell's vireo is present
during construction or if presence is assumed, a 500 foot buffer will be installed
around the nest and suitable habitat, and noise levels shall remain less than 60
A-weighted decibels (dbA) or the current existing noise level at the outer drip
line of riparian habitat throughout the nesting season or until a qualified Biologist
has determined that the species no longer occupies the area. Noise
minimization measures, such as sound walls developed in consultation with the
U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish
and Wildlife (CDFW), may be necessary to meet this condition. If a
pre-construction survey is conducted and no least Bell's vireos are observed,
construction may proceed without any noise restrictions. The ore-construction
focused surveys shall be made available to the USFWS and the CDFW.
Additionally if construction activities occur during the nesting season for lead
Bell's vireo. OCSD shall seek appropriate take authorization under the
California Endangered Species Act (CESA) and Federal Endangered Species
Act (FESA) prior to project implementation. Appropriate authorization from the
CDFW (Fish and Game Code&8 2080.1 . 2081, subds. (bl.(c11 and the USFWS
(FESA Section 7 or Section 10) may include an incidental take permit or a
consistency determination.
BIO-6 A qualified Biologist that conducts monitoring activities shall delineate (by the
use of fencing or lath and ropesMagging) all areas adjacent to the impact area
that contain habitat suitable for coastal California gnatcatcher occupation. In
order to avoid impacts on the coastal California gnatcatcher, it would be
necessary to perform construction during the non-nesting season. If
construction activities would occur during the nesting season for the gnatcatcher
(i.e., February 15 to August 31) within 500 feet of potential habitat for this
species (e.g., mixed sage scrub), a pre-construction focused survey shall be
conducted no later than three (3) days prior construction to determine whether
habitat in the impact boundaries is occupied or unoccupied at the time of
construction. If a pre-construction focused survey is not conducted, all coastal
sage scrub habitat shall be considered occupied. If coastal California
gnatcatcher is present during construction or if presence is assumed,sa SQQQo�
buffer will be installed around the nest and suitable habitat and noise levels
shall remain less than 60 dBA or the current existing noise level at the outer drip
line of coastal sage scrub habitat throughout the nesting season or until a
qualified Biologist has determined that the species no longer occupies the area.
Noise minimization measures, such as sound walls developed in consultation
with the U.S. Fish and Wildlife Service (USFWS) and the California Department
of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a
pre-construction survey is conducted and no coastal California gnatcatchers are
observed, construction may proceed without any noise restrictions.
construction focused surveys shall be made available to the USFWS and the
CDFW.
Final I March 2016 2.13 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
3-6 The commenter recommends that mitigation measures shall be amended to state that the
inclusion of a minimum nest protection buffer from 300 feet for most passerines to 500 feet for
raptors and sensitive species. Mitigation Measure BI0-7 is revised in the Final IS/MND and
the changes are reflected in Response 3-7.
3-7 This comment recommends that mitigation measures shall be amended to state that nesting
surveys shall be conducted no later than three days prior to construction. Mitigation Measure
BIO-7 is revised in the Final IS/MND and the changes are reflected in Section 8.0 and Section
9.0.
BI0-7 In order to avoid impacts on nesting birds and raptors (common or special
status), project activities shall be scheduled during the non-nesting season
(generally between September 16 and February 14 for nesting birds; between
July 1 and January 31 for nesting raptors), to the extent feasible, as determined
by the Contractor. If project timing requires that construction activities be
conducted during the nesting season (generally between February 1 and
September 15), a pre-construction survey (or multiple surveys) shall be
conducted by a qualified Biologist for nesting birds and/or raptors prior to
disturbance to confirm the absence of active nests. The ore-construction survey
or multiple surveys shall be made available to the U.S. Fish and Wildlife Service
(USFWS) and the California Department of Fish and Wildlife (CDFWI. If no
active nests are found, no further mitigation would be required.
If the Biologist finds an active nest within or adjacent to the construction area
and determines that the nest may be impacted, the Biologist shall identify an
appropriate buffer zone around the nest depending on the sensitivity of the
species and the nature of the construction activity. The active site shall be
protected with orange construction fencing and construction setbacks
(described below) until nesting activity has ended to ensure compliance with the
Migratory Bird Treaty Act (META) and the California Fish and Game Code. To
protect any nest site, the following restrictions to construction activities shall be
required until nests are no longer active, as determined by a qualified Biologist:
(1) clearing limits shall be established within a buffer around any occupied nest
(the buffer shall be 300 feet for most passerines to 500 feel for raptors and
sensitive species), unless otherwise determined by a qualified Biologist and (2)
access and surveying shall be restricted within the buffer of any occupied nest
and conducted no later than three (3) days prior to construction, unless
otherwise determined by a qualified Biologist. Construction and/or
encroachment into the buffer area around a known nest shall only be allowed if
the Biologist determines that the proposed activity would not disturb the nest
occupants.
Final I March 2016 2.14 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
3-8 The commenter requests that Mitigation Measure BIO-2 include a reporting element and these
reports be made available to the CDFW and the USFWS. Mitigation Measure BIO-2 is revised
in the Final IS/MND and the changes are reflected in Section 8.0 and Section 9.0.
BIO-2 All trees (i.e., southern California black walnut, coast live oak,willows) are to be
identified and protected in place to the extent feasible, consistent with removing
the identified rock. A report of the identified and orotected trees shall be made
available to the U.S. Fish and Wildlife Service and the California Department of
Fish and Wildlife (CDFW) upon request. With the approval of a qualified
Arborist, the Contractor shall install fencing, stakes, or flagging around the trees
prior to initiation of construction activities. If trees cannot be entirely avoided
(such as necessary work within the dripline, branch trimming, or root cutting),
then a qualified Arborist shall be on site to monitor these activities. Should any
protected tree need to be relocated or removed as part of the proposed project,
a permit shall be obtained from the City of Yorba Linda Community
Development Director prior to the removal, cutting down, or destruction of any
protected tree, defined as any live plant that has a single trunk measuring at
least three inches in diameter, measured at a point two feet above ground level.
The Orange County Sanitation District shall comply with conditions of the
permit, as well as the Project's Streambed Alteration Agreement (issued by the
CDFW),which may include tree replacement.
3-9 The commenter recommends that Mitigation Measure BIO-4 shall be amended to state that the
CDFW and the USFWS be informed of the presence of the Santa Ana Sucker (Catosfomus
sanfaanae) if detected during pre-construction surveys and requests that presence/absence
reports be made available to the wildlife agencies. Mitigation Measure BI04 is revised in the
Final IS/MND and the changes are reflected in Section 8.0 and Section 9.0.
BIO-4 If determined feasible by9S�eter, work shall be conducted during
the dry season(April 15 through October 15)when there would be less potential
to impact water supporting special status fish species. Prior to initiation of
activities within or adjacent to the Santa Ana River, pre-construction surveys
shall be conducted to determine the presence or absence of the Santa Ana
sucker within the impact area and that presence/absence reports be made
available to the U.S. Fish and Wildlife Service (USFWS) and the CDFW. If
Santa Ana sucker is detected, work shall stop and the U.S. F sh and .,�a '""'a!fe
Sewise(USFWS)and the CDFW shall be notified. Additionally, sedimentation-
and erosion-control measures, such as straw wattles, silt fences and signage,
shall be implemented to reduce the amount of impact to waters downstream of
the proposed impact area.
Final I March 2016 2.15 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
3-10 The commenter provides general conclusion information. CDFW is requesting the opportunity
to review and comment on any response that the Orange County Sanitation District has to their
comments and to receive notification of future hearing dates for the project.
Final I March 2016 2-16 Response to Comments
COMMENT LETTER 4
is Santa Ana River Interceptor Rock Removal Project
PUBLIC MEETING
COMMENTFORM
NAME AND ADDRESS OF COMMENTOR:
(include group or public agency affiliation, as applicable)
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COMMENTS:
Please provide your comments on potential environmental issueslimpacts associated with the Project
and/or Initial Study/Mitigated Negative Declaration Public Review Draft. Attach additional pieces of
paper, as needed.
This form and/or additional comments can be submitted to Orange County Sanitation District (OCSD) at
the Public Meeting or mailed to the OCSD — 10844 Ellis Avenue, Fountain Valley, California 92708,
Attention: Ms. Daisy Covarmbias. Comments may also be e-mailed to: DCOVARRUBIASlaOCSD.COM
Please note that comments are due by 5:00 p.m., February 19, 2016.
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Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Response No. 4
Mr. David Daring
Resident
Public Meeting
February 2, 2016
4-1 The commenter provides concerns regarding OCSD's SARI pipeline abandonment and relocation
project that resulted in the removal of trees along the north side of the 91 freeway. The commenter
suggests this has caused an increase in noise and light impacts and raises the question of future
plans to reduce noise and light pollution as a result of the SARI pipeline abandonment and
relocation project. However, these concerns are not applicable to the proposed rock removal
activities and the commenter does not provide specific comments regarding information presented
in the IS/MND. No further response is necessary.
Final I March 2016 2-19 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
This page intentionally left blank.
Final I March 2016 2-20 Response to Comments
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
3.0 ERRATA
Changes to the Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) are noted below. A
double-underline indicates additions to the text strikethFough indicates deletions to the text. Changes have
been analyzed and responded to in Section 2.0, Response to Comments, of the Final IS/MND. The
changes to the Draft IS/MND do not affect the overall conclusions of the environmental document.
Changes are listed by page and, where appropriate, by paragraph. All mitigation measure modifications
have been reflected in Section 4.0, Mitigation Monitoring and Reporting Program,of the Final IS/MND.
GENERAL CHANGES
The title of the proposed project has been changed as follows: "Santa Ana River Interceptor Rock
iliz Removal,PrejesF (Project No. 2-41-8)". These changes are incorporated into the Final IS/MND
throughout,where applicable.
SECTION 4.3, AIR QUALITY
4.3-8, Mitigation Measure AQ-1
AQ-1 Prior to issuance of any encroachment permits, the Orange County Sanitation District shall
confirm that all project plans and specifications stipulate that, in compliance with SCAQMD
Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other
dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition,
SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive
dust from creating a nuisance off-site. Implementation of the following measures would reduce
short-term fugitive dust impacts on nearby sensitive receptors:
• All active portions of the construction site shall be watered every three hours during daily
construction activities and when dust is observed migrating from the project site to prevent
excessive amounts of dust;
• Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or
watered twice daily, or non-toxic soil binders shall be applied;
• All grading and excavation operations shall be suspended when wind speeds exceed 25
miles per hour;
• Disturbed areas shall be replaced with ground cover or hydroseed with native mix}3aved
immediately after construction is completed in the affected area;
• On-site vehicle speed shall be limited to 15 miles per hour; and
• All material transported off-site shall be either sufficiently watered or securely covered to
prevent excessive amounts of dust prior to departing the job site.
Final I March 2016 3.1 Errata
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
SECTION 4.4, BIOLOGICAL RESOURCES
4.4-22,2,d Paragraph,210 and 3b Sentences
Mitigation Measure BIO-4 would require all work to be conducted during the dry season (April 15
through October 15)when there would be less potential to impact water supporting special status fish
species. Prior to initiation of activities within or adjacent to the Santa Ana River, pre-construction
surveys would be required to be conducted in order to determine the presence or absence of the
Santa Ana sucker within the impact area and that presence/absence reports be made available to
the IjSFWS and the CDFW. Although not anticipated to be encountered, if the Santa Ana sucker is
detected, work would be required to stop and the IjSFWS and the CDFW would be nofified.
Additionally, sedimentation- and erosion-control measures would be implemented to reduce the
amount of impact to waters downstream of the proposed impact area.
4.4-24, 1�Paragraph
Based on the Biological Report, if least Bell's vireo is present during construction or if presence is
assumed, a 500 foot buffer would be required to be installed around the nest and suitable habitat. and
noise levels would be required to remain less than 60 A-weighted decibel scale (dBA) or the current
existing noise level at the edge of riparian habitat throughout the nesting season or until a qualified
Biologist has determined that the species no longer occupies the area (Mitigation Measure BIO-5).
Noise minimization measures, such as temporary noise barriers developed in consultation with the
11SFWS and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this
condition. If a pre-construction survey is conducted and no least Bell's vireos are observed,
construction would proceed without any noise restrictions. The pre-construction focused surveys
would be required to be made available to the IjSFWS and the CDFW. Additionally. if construction
activities occur durna the nestina season for least Bell's vireo. OCSD would be required to see
appropriate take authorization under the California Endangered Species Act (CESAI and Federal
Endangered Species Act (FESA) prior to project implementation. Appropriate authorization from the
CDFW(Fish and Game Code Section 2080.1, 2081, subds. (b).(M)and the 11SFW3 (FESA Section 7
or Section 10)may include an incidental take permit or a consistency determination.
4.4-24, Last Paragraph,V Sentence
If construction activities would occur during the nesting season for the gnatcatcher(i.e., February 15 to
August 31) within 500 feet of potential habitat for this species (e.g., mixed sage scrub), a pre-
consWction focused survey would be required to be conducted no later than three (31 days prior
construction to determine whether habitat in the impact boundaries is occupied at the time of
construction.
4.4-28, 1�Paragraph, Last Sentence
The ore-construction survey or multiple surveys would be required to be made available to the
11SFWS and the CDFW. If no active nests are found,no further mitigation would be required.
Final I March 2016 3.2 Errata
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
4.4-28,2^ Paragraph,3"Sentence
To protect any nest site,the following restrictions to construction activities would be required until nests
are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established
within a buffer around any occupied nest(the buffer shall be 300 feet for most Dasserines to 500 feet
for raptors and sensitive species), unless otherwise determined by a qualified Biologist and (2)access
and surveying would be restricted within the buffer of any occupied nest and conducted no later than
three(3)days prior to construction, unless otherwise determined by a qualified Biologist. Construction
and/or encroachment into the buffer area around a known nest would only be allowed if the Biologist
determines that the proposed activity would not disturb the nest occupants.
4.445, Mitigation Measures BIO-1 and BIO-2
BIO-1 Impacts to native vegetation types and those that may support special status species and
foraging habitat for sensitive raptors and other bird species shall be avoided to the extent
feasible. With the approval of a qualified Biologist, the Contractor shall install fencing, stakes,
or flagging around the limits of disturbance (impact area) and around any sensitive habitat(i.e.,
mixed sage scrub, riparian/riverine) prior to initiation of construction activities in order to
prevent damage to adjacent vegetation and habitat. To minimize disturbance in areas of
sensitive habitat, the Contractor shall ensure that rock removal occurs progressively into the
rock structure from a disturbed location, then backs out the same direction. A grappler loader
truck (or similar equipment that would minimize disturbance)should be used in these locations.
If significant impacts to native vegetation and foraging habitat are unavoidable, a qualified
Biologist shall delineate on a map and quantify the amount of vegetation impacted prior the
initiation of activities. Within 30 days of completion of the project, the qualified Biologist shall
complete a post-project survey of the impact limits and provide a summary to the U.S. Fish and
Wildlife Service (USFWS). Should unapproved impacts occur pursuant to the post-proiect
sure As Pelt Gf the USFWS . .. IatGFy . 8At6 she ld the Iennre determined
neeessary, a Restoration Plan may be required by the USFWS to be-developed-te-ensure no
net loss of habitat values result from the project activities. This may include preservation,
restoration, and enhancement on the project site and off site. The mitigation ratio shall be
negotiated with the resource agencies.
BIO-2 All trees (i.e., southern California black walnut, coast live oak, willows) are to be identified and
protected in place to the extent feasible, consistent with removing the identified rock. A2EPQ
of the identified and protected trees shall be made available to the U.S. Fish and Wildlife
Service and the California Department of Fish and Wildlife (CDFW) upon request. With the
approval of a qualified Arborist, the Contractor shall install fencing, stakes, or flagging around
the trees prior to initiation of construction activities. If trees cannot be entirely avoided (such as
necessary work within the dripline, branch Dimming, or root cutting), then a qualified Arborist
shall be on site to monitor these activities. Should any protected tree need to be relocated or
removed as part of the proposed project, a permit shall be obtained from the City of Yorba
Linda Community Development Director prior to the removal, cutting down, or destruction of
any protected tree, defined as any live plant that has a single trunk measuring at least three
inches in diameter, measured at a point two feet above ground level. The Orange County
Final I March 2016 3.3 Errata
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Sanitation District shall comply with conditions of the permit, as well as the Project's
Streambed Alteration Agreement(issued by the CDFW,which may include tree replacement.
4.4-46, Mitigation Measures BIO-4, BIO-5,and BIO-6
BIO-4 If determined feasible by OCSDTAe-CeRI aeter, work shall be conducted during the dry season
(April 15 through October 15) when there would be less potential to impact water supporting
special status fish species. Prior to initiation of activities within or adjacent to the Santa Ana
River, pre-construction surveys shall be conducted to determine the presence or absence of
the Santa Ana sucker within the impact area and that presence/absence reports be made
available to the U.S. Fish and Wildlife Service (USFWS) and the CDFW. If Santa Ana sucker
is detected, work shall stop and the ".c Fish And rnrudnr c,.. ,,,., USFWS) and the CDFW
shall be notified. Additionally, sedimentation- and erosion-control measures, such as straw
wattles, silt fences and signage, shall be implemented to reduce the amount of impact to waters
downstream of the proposed impact area.
BIO-5 A qualified Biologist that conducts monitoring activities shall delineate (by the use of fencing or
lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for
least Bell's vireo occupation. In order to avoid impacts on the least Bell's vireo, it would be
necessary to perform construction activities during the non-nesting season. If construction
activities would occur during the nesting season for the least Bell's vireo (i.e., March 15 to
September 15) within 500 feet of potential habitat for this species (e.g., southern willow scrub,
mule fat scrub, southern cottonwood—willow riparian forest), a pre-construction focused survey
shall be conducted no later than three (3) days prior to censtruction to determine whether
habitat within the impact boundaries is occupied or unoccupied at the time of construction. If a
pre-construction focused survey is not conducted, all riparian habitat (i.e., southern willow
scrub, mule fat scrub, disturbed mulefat scrub, and southern cottonwood—willow riparian forest)
shall be considered occupied. If least Bell's vireo is present during construction or if presence
is assumed, a 500 foot buffer will be installed around the nest and suitable habitat, and noise
levels shall remain less than 60 A-weighted decibels (dbA)or the current existing noise level at
the outer drip line of riparian habitat throughout the nesting season or until a qualified Biologist
has determined that the species no longer occupies the area. Noise minimization measures,
such as sound walls developed in consultation with the U.S. Fish and Wildlife Service
(USFWS) and the California Department of Fish and Wildlife (CDFW), may be necessary to
meet this condition. If a pre-construction survey is conducted and no least Bell's vireos are
observed, construction may proceed without any noise restrictions. The ore-constmction
focused surveys shall be made available to the USFWS and the CDFW. Additionally. if
construction activities occur during the nesting season for least Bell's vireo. OCSD shall seek
appropriate take authorization under the Califomia Endangered Species Act (CESAI and
Federal Endangered Species Act (FESA) prior to project implementation. Appropriate
uthorizafion from the CDFW (Fish and Game Code4& 2080.1 . 2081. subds. fbl.fc)1 and the
USFWS (FESA Section 7 or Section 10)may include an incidental take permit or a consistency
determination.
BIO-6 A qualified Biologist that conducts monitoring activities shall delineate (by the use of fencing or
lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for
Final I March 2016 3.4 Errata
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
coastal California gnatcatcher occupation. In order to avoid impacts on the coastal California
gnatcatcher, it would be necessary to perform construction during the non-nesting season. If
construcfion activities would occur during the nesting season for the gnatcatcher(i.e., February
15 to August 31)within 500 feel of potential habitat for this species(e.g., mixed sage scrub), a
pre-construction focused survey shall be conducted no later than three (3) days Prior
construction to determine whether habitat in the impact boundaries is occupied or unoccupied
at the time of construction. If a pre-construction focused survey is not conducted, all coastal
sage scrub habitat shall be considered occupied. If coastal California gnatcatcher is present
during construction or if presence is assumed, a 500 foot buffer will be installed around the
nest and suitable habitat, and noise levels shall remain less than 60 dBA or the current existing
noise level at the outer drip line of coastal sage scrub habitat throughout the nesting season or
until a qualified Biologist has determined that the species no longer occupies the area. Noise
minimization measures, such as sound walls developed in consultation with the U.S. Fish and
Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW), may be
necessary to meet this condition. If a pre-construction survey is conducted and no coastal
Califomia gnatcatchers are observed, construction may proceed without any noise restrictions.
The ore-construction focused surveys shall be made available to the USFWS and the CDFW.
4.4-47, Mitigation Measure BIO-7
BIO-7 In order to avoid impacts on nesting birds and raptors (common or special status), project
activities shall be scheduled during the non-nesting season (generally between September 16
and February 14 for nesting birds; between July 1 and January 31 for nesting raptors), to the
extent feasible, as determined by the Contractor. If project timing requires that construction
activities be conducted during the nesting season (generally between February 1 and
September 15), a pre-construction survey (or multiple surveys) shall be conducted by a
qualified Biologist for nestng birds and/or raptors prior to disturbance to confirm the absence of
active nests. The ore-construction survey or multiple surveys shall be made available to the
U.S. Fish and Wildlife Service (USFWS) and the Califomia Department of Fish and Wildlife
CDFW . If no active nests are found, no further mitigation would be required.
If the Biologist finds an active nest within or adjacent to the construction area and determines
that the nest may be impacted, the Biologist shall identify an appropriate buffer zone around
the nest depending on the sensitivity of the species and the nature of the construction activity.
The active site shall be protected with orange construction fencing and construction setbacks
(described below) until nesting activity has ended to ensure compliance with the Migratory Bird
Treaty Act (MBTA) and the California Fish and Game Code. To protect any nest site, the
following restrictions to construction activities shall be required untl nests are no longer active,
as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer
around any occupied nest (the buffer shall be 300 feet for most Passerines to 500 feet for
raptors and sensitive species), unless otherwise determined by a qualified Biologist and (2)
access and surveying shall be restricted within the buffer of any occupied nest and conducted
no later than three (3) days Prior to construction, unless otherwise determined by a qualified
Biologist. Construction and/or encroachment into the buffer area around a known nest shall
only be allowed if the Biologist determines that the proposed activity would not disturb the nest
occupants.
Final I March 2016 3.5 Errata
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
SECTION 5.0, PREPARERS AND CONTRIBUTORS
5-1, Michael Baker International
Richard Beck, Project Manaoa
Eddie Torres, INCE, CEQA Task P{ejeet-Manager
Kristen Bogue, Senior Environmental Analyst
Achilles Malisos, AidNoise Technical Manager
Alesia Hsiao, Environmental Analyst
Karen Varela, Environmental Analyst
Final I March 2016 3.6 Errata
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
4.0 MITIGATION MONITORING AND
REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency completes an
environmental document which includes measures to mitigate or avoid significant environmental effects,
the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental
impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to
ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and
Reporting Program has been prepared for the proposed Santa Ana River Interceptor Rock Stabilizers
Removal, (Project No. 241-8). This Mitigation Monitoring and Reporting Program is intended to provide
verification that all mitigation measures identified in the Initial Study prepared for the project are monitored
and reported. Monitoring will include 1)verification that each mitigation measure has been implemented;2)
recordation of the actions taken to implement each mitigation; and 3)retention of records in the project file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but
also allows the Orange County Sanitation District (OCSD) flexibility and discretion in determining how best
to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure.
Adequate monitoring consists of demonstmfing that monitoring procedures took place and that mitigation
measures were implemented.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally
involves the following steps:
• OCSD distributes reporting forms to the appropriate entities for verification of compliance.
• Departments/agencies with reporting responsibilities will review the Initial Study/Mitigated Negative
Declaration, which provides general background information on the reasons for including specified
mitigation measures.
• Problems or exceptions to compliance will be addressed to OCSD as appropriate.
• Periodic meetings may be held during project implementation to report on compliance of mitigation
measures.
• Responsible parties provide OCSD with verification that monitoring has been conducted and
ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance
may be documented through existing review and approval programs such as field inspection
reports and plan review.
• OCSD prepares a reporting form periodically during the construction phase and an annual report
summarizing all project mitigation monitoring efforts.
Final I March 2016 4.1 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
• Appropriate mitigation measures will be included in construction documents and/or conditions of
permits/approvals.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in
accordance with CEQA and would be permitted after further review and approval by OCSD. Such changes
could include reassignment of monitoring and reporting responsibilities, plan redesign to make any
appropriate improvements, and/or modification, substitution, or deletion of mitigation measures subject to
conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation
Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section
21081.6.
Final I March 2016 4-2 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
MITIGATION MONITORING AND REPORTING CHECKLIST
iggation Monitoring and Monitoring Party Responsible VERIFICATION OF COMPLIANCE
Number Mitigation Measure Reporting Milestones for Monitoring
is Process
Initials Date Remarks
AIR QUALITY
AQ-1 Prior to issuance of any encroachment permits,the Review of Project Prior to Issuance OCSD Engineering
Orange County Sanitation District shall confirm that Plans; of Encroachment Department
all project plans and specifications stipulate that, in Construction Permits;Ongoing
compliance with SCAQMD Rule 403, excessive Inspections During
fugitive dust emissions shall be controlled by Construction
regular watering or other dust prevention
measures, as specified in the SCAOMD's Rules
and Regulations. In addition, SCAQMD Rule 402
requires implementation of dust suppression
techniques to prevent fugitive dust from creating a
nuisance off-site. Implementation of the following
measures would reduce short-term fugitive dust
impacts on nearby sensitive receptors:
• All active portions of the construction site
shall be watered every three hours during
daily construction activities and when dust
is observed migrating from the project site
to prevent excessive amounts of dust;
• Any on-site stockpiles of debris, dirt, or
other dusty material shall be enclosed,
covered, or watered twice daily, or non-
toxic soil binders shall be applied;
• All grading and excavation operations
shall be suspended when wind speeds
exceed 25 miles per hour;
Final March 2016 4.3 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and for VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring P Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
• Disturbed areas shall be replaced with
ground cover or hvdroseed with native
mix paved-immediately after construction
is completed in the affected area;
• On-site vehicle speed shall be limited to
15 miles per hour;and
• All material transported off-site shall be
either sufficiently watered or securely
covered to prevent excessive amounts of
dust prior to departing the'ob site.
BIOLOGICAL RESOURCES
BIO-1 Impacts to native vegetation types and those that Review of Project Project Plan OCSD Engineering
may support special status species and foraging Plans; Approval;During Department;
habitat for sensitive raptors and other bird species Construction Construction Qualified Biologist;
shall be avoided to the extent feasible. With the Inspections Contractor;and
approval of a qualified Biologist, the Contractor USFWS
shall install fencing, stakes, or flagging around the
limits of disturbance (impact area)and around any
sensitive habitat (i.e., mixed sage scrub,
ripadanlrivedne) prior to initiation of construction
activities in order to prevent damage to adjacent
vegetation and habitat. To minimize disturbance in
areas of sensitive habitat, the Contractor shall
ensure that rock removal occurs progressively into
the rock structure from a disturbed location, then
backs out the same direction. A grappler loader
truck for similar equipment that would minimize
ftiSl0f¢8gr3]should be used in these locations. If
significant impacts to native vegetation and
foraging habitat are unavoidable, a qualified
Biologist shall delineate on a map and quantify the
Final I March 2016 4-4 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and VERIFICATION OF COMPLIANCE
Mitigation Monitoring
Measure Reporting Monitoring Party Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
amount of vegetation impacted prior the initiation of
activities. Within 30 days of completion of the
project, the qualified Biologist shall complete a
post-project survey of the impact limits and provide
a summary to the U.S. Fish and Wildlife Service
(USFWS). Should unapproved impacts occur
pursuant to the post-proiect survey_A&paft44he
should the
USFWS determ ned necessary,a Restoration Plan
may be required by the USFWS to be-developed to
ensure no net loss of habitat values result from the
project activities. This may include preservation,
restoration, and enhancement on the project site
and off site. The mitigation ratio shall be
negotiated with the resource agencies.
BIO-2 All trees (i.e., southern California black walnut, Review of Project Prior to Issuance OCSD Engineering
coast live oak, willows) are to be identified and Plans; of Encroachment Department;
protected in place to the extent feasible, consistent Construction Permits;During qualified Arborist
with removing the identified rock. A report of the Inspections Construction Contractor,USFWS;
identified and protected tees shall be made CDFW;and City of
available to the U.S. Fish and Wildlife Service and Yorba Linda
the California Department of Fish and Wildlife Community
(CDFWI upon request With the approval of a Development Director
qualified Arborist, the Contractor shall install
fencing, stakes, or flagging around the trees prior
to initiation of construction activities. If trees
cannot be entirely avoided (such as necessary
work within the drpline, branch trimming, or root
cutting),then a qualified Arborist shall be on site to
monitor these activities. Should any protected tee
need to be relocated or removed as part of the
proposed project, a permit shall be obtained from
the City of Yorba Linda Community Development
Final I March 2016 4.5 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and for VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring P Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
Director prior to the removal, cutting down, or
destruction of any protected tree, defined as any
live plant that has a single trunk measuring at least
three inches in diameter, measured at a point two
feet above ground level. The Orange County
Sanitation District shall comply with conditions of
the permit, as well as the Project's Streambed
Alteration Agreement(issued by the CDFW),which
may include tree replacement.
BIO3 A qualified Biologist that conducts monitoring Review of Project Approval of OCSD Engineering
activities shall be on site during rock removal Plans; Project Plans; Department;and
activities in the areas within the survey area Construction During Qualified Biologist
boundaries that were found to contain sensitive Inspections Construction
biological resources or habitat suitable to any
special status species. The Biologist shall be
responsible for ensuring that impacts on special
status species, native vegetation, wildlife habitat,
and unique resources are avoided to the fullest
extent possible, as further described as follows.
Where appropriate, the Biologist shall flag the
boundaries of areas where activities need to be
restricted to protect native plants and wildlife or
special status species. These restricted areas
shall be monitored to ensure their protection during
construction;no activities shall be conducted within
the restricted areas unless approved by and
supervised by the Biologist. If non-listed sensitive
wildlife resources are found within the project
impact boundaries, the Biologist shall relocate the
individual out of the project impact area. If listed
species are found within the impact area, only a
Biologist with the appropriate permit to handle that
species is allowed to relocate the individual.
Final March 2016 4.6 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring Party Responsible
Number Process Milestones for Monitoring
NNW Initials Date Remarks
BIO-4 If determined feasible by 0 SDtge--6entraster, Review of Project Approval of OCSD Engineering
work shall be conducted during the dry season Plans; Project Plans; Department;
(April 15 through October 15)when there would be Construction During Qualified Biologist;
less potential to impact water supporting special Inspections Construction Contractor,USFWS;
status fish species. Prior to initiation of activities and CDFW
within or adjacent to the Santa Ana River, pre-
construction surveys shall be conducted to
determine the presence or absence of the Santa
Ana sucker within the impact area. and that
presence/absence reports be made available to the
U.S. Fish and Wildlife Service lUSFWSI and the
CDFW. If Santa Ana sucker is detected,work shall
stop and the a r.0 and ur,v_ c....
(USFWS) and the CDFW shall be notified.
Additionally, sedimentation- and erosion-control
measures, such as straw wattles, silt fences and
signage, shall be implemented to reduce the
amount of impact to waters downstream of the
proposed impact area.
BIO-5 A qualified Biologist that conducts monitoring Review of Project Approval of OCSD Engineering
activities shall delineate (by the use of fencing or Plans; Project Plans; Department;
lath and ropeslfiagging) all areas adjacent to the Construction During Qualified Biologist;
impact area that contain habitat suitable for least Inspections Construction USFWS;and CDFW
Bell's vireo occupation. In order to avoid impacts
on the least Bell's vireo, it would be necessary to
perform construction activities during the non-
nesting season. If construction activities would
occur during the nesting season for the least Bell's
vireo (i.e., March 15 to September 15)within 500
feet of potential habitat for this species (e.g.,
southern willow scrub, mule fat scrub, southern
cottonwood-willow riparian forest, a pre-
Final March 2016 4.7 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and for VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring P Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
construction focused survey shall be conducted no
later than three (3) days onor to construction to
determine whether habitat within the impact
boundaries is occupied or unoccupied at the time
of construction. If a pre-construction focused
survey is not conducted, all riparian habitat (i.e.,
southern willow scrub, mule Nat scrub, disturbed
mulefat scrub, and southern cotlonwood—willow
riparian forest) shall be considered occupied. If
least Bell's vireo is present during construction or if
presence is assumed, a 500 foot buffer will be
installed around the nest and suitable habitat and
noise levels shall remain less than 60 A-weighted
decibels(dbA)or the current existing noise level at
the outer drip line of riparian habitat throughout the
nesting season or unfit a qualified Biologist has
determined that the species no longer occupies the
area. Noise minimization measures, such as
sound walls developed in consultation with the U.S.
Fish and Wildlife Service (USFWS) and the
California Department of Fish and Wildlife(CDFW),
may be necessary to meet this condition. If a
pre-construction survey is conducted and no least
Bell's vireos are observed, construction may
proceed without any noise restrictions. Ilse_ -
constructon focused surveys shall be made
available to the USFWS and the CDFW.
Additionally, If construction activ0ies occur during
the nesting season for least Bell's vireo the OCSD
shall seek appropriate take authorization under the
California Endangered Species Act fCESAI and
Federal Endangered Species Act (FESAI prior to
roect implementation. A ro riate authorization
Final March 2016 48 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring Part Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
from the CDFW (Fish and Game Code86 2080.1
2081, subds. (b1.(c)1 and the USFWS lFES
Section 7 or Section 10) may include an incidental
BIO-6 A qualified Biologist that conducts monitoring Review of Project Approval of OCSD Engineering
activities shall delineate (by the use of fencing or Plans; Project Plans; Department;
lath and ropeslfiagging) all areas adjacent to the Construction During Qualified Biologist;
impact area that contain habitat suitable for coastal Inspections Construction USFWS;and CDFW
California gnatcatcher occupation. In order to
avoid impacts on the coastal California
gnatcatcher, it would be necessary to perform
construction during the non-nesting season. If
construction activities would occur during the
nesting season for the gnatcatcher (i.e., February
15 to August 31)within 500 feet of potential habitat
for this species (e.g., mixed sage scrub), a pre-
construction focused survey shall be conductedm
later than three (3) Jan odor construction to
determine whether habitat in the impact boundaries
is occupied or unoccupied at the time of
construction. If a pre-construction focused survey
is not conducted, all coastal sage scrub habitat
shall be considered occupied. If coastal California
gnatcatcher is present during construction or if
presence is assumed, a 500 foot buffer will be
installed around the nest and suitable habitat. and
noise levels shall remain less than 60 dBA or the
current existing noise level at the outer drip line of
coastal sage scrub habitat throughout the nesting
season or until a qualified Biologist has determined
that the species no longer occupies the area.
Noise minimization measures,such as sound walls
developed in consultation with the U.S. Fish and
Final March 2016 4.9 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and VERIFICATION OF COMPLIANCE
N b
Mitigation Mitigation Measure Reporting Monitoring P Responsible
umer for
Milestones for Monitoring g
Initials Date Remarks
Wildlife Service (USFWS) and the California
Department of Fish and Wildlife (CDFW), may be
necessary to meet this condition. If a
pre-construction survey is conducted and no
coastal California gnatcatchers are observed,
construction may proceed without any noise
restricfions. The oreconstmction focused survevs
shall be made available to the USFWS and the
CDFW
BIO-7 In order to avoid impacts on nesting birds and Review of Project Approval of OCSD Engineering
raptors (common or special status), project Plans; Project Plans; Department;
activities shall be scheduled during the non- Construction During Contractor;Qualified
nesting season (generally between September 16 Inspections Construction Biologist;USFWS;
and February 14 for nesting birds; between July 1 and CDFW
and January 31 for nesting raptors), to the extent
feasible, as determined by the Contractor. If
project timing requires that construction activities
be conducted during the nesting season (generally
between February 1 and September 15), a pre-
constructon survey (or multiple surveys) shall be
conducted by a qualified Biologist for nesting birds
and/or raptors prior to disturbance to confirm the
absence of active nests. The ore-construction
urvev or multiple surveys shall be made available
to the U.S. Fish and Wildlife Service fUSFWSI and
the California Deoarment of Fish and Wildlife
(CDFWI. If no active nests are found, no further
mitigation would be required.
If the Biologist finds an active nest within or
adjacent to the construction area and determines
that the nest may be impacted, the Biologist shall
identify an appropriate buffer zone around the nest
Final March 2016 4.10 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring Party Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
depending on the sensitivity of the species and the
nature of the construction activity. The active site
shall be protected with orange construction fencing
and construction setbacks (described below) until
nesting activity has ended to ensure compliance
with the Migratory Bird Treaty Act(META)and the
California Fish and Game Code. To protect any
nest site, the following restrictions to construction
activities shall be required until nests are no longer
active, as determined by a qualified Biologist: (1)
clearing limits shall be established within a buffer
around any occupied nest(the buffer shall be 300
feet(or most passerines to 500 feet for rapi
sensitive srecies),unless otherwise determined by
a qualified Biologist and (2) access and surveying
shall be restricted within the buffer of any occupied
nest and conducted no later than three (31 days
prior to construction, unless otherwise determined
by a qualified Biologist. Construction and/or
encroachment into the buffer area around a known
nest shall only be allowed ff the Biologist
determines that the proposed activity would not
disturb the nest occupants.
NOISE
NOW Prior to issuance of any encroachment permits,the During Prior to Issuance OCSD Engineering
Orange County Sanitation District shall confirm that Construction of Encroachment Department;and
the project complies with the following: Permits;During Contractor
Construction
Construction contracts specify that all
construction equipment, fixed or mobile,
shall be equipped with properly operating
and maintained mufflers and other state
required noise attenuation devices.
Final I March 2016 4.11 Mitigation Monitoring and Reporting Program
a '
Initial Study/Mitigated Negative Declaration
Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8)
Monitoring and for VERIFICATION OF COMPLIANCE
Mitigation Mitigation Measure Reporting Monitoring P Responsible
Number Process Milestones for Monitoring
Initials Date Remarks
• Construction haul routes shall be
designed to avoid noise sensitive uses
(e.g.,residences,places of worship,etc.),
to the extent possible. During
construction, stationary construction
equipment shall be placed such that
emitted noise is directed away from
sensitive noise receivers.
• Construction equipment staging areas
shall be located as far away from adjacent
sensitive receptors as possible.
Final March 2016 4-12 Mitigation Monitoring and Reporting Program
RESOLUTION NO. OCSD 16-roc
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING THE
MITIGATED NEGATIVE DECLARATION FOR THE SANTA ANA
RIVER INTERCEPTOR ROCK REMOVAL,
PROJECT NO. 2-41-8; ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM; AND APPROVING THE SANTA
ANA RIVER INTERCEPTOR ROCK REMOVAL,
PROJECT NO. 241-8
WHEREAS, the Orange County Sanitation District (the "District") is presently
considering the approval of a project known as the Santa Ana River Interceptor Rock
Removal, Project No. 241-8 (the "Project");
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 at seq. ("CEQA")) and the CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000 at seq.), the District, as lead agency,
prepared an Initial Study/Mitigated Negative Declaration ("Mitigated Negative
Declaration") for the Project that analyzes the potential impacts of the Project and
identifies applicable mitigation measures; and
WHEREAS, the District has consulted with other public agencies and the general
public, and provided such agencies and the public with the opportunity to provide written
and oral comments on the Project and the Mitigated Negative Declaration as required by
CEQA, including a public review period of 30 days which commenced on
January 20, 2016 and ended on February 19, 2016.
WHEREAS, on February 2, 2016 OCSD staff held a public meeting to provide a
further opportunity for public agencies and the general public to comment on the Mitigated
Negative Declaration;
WHEREAS, the District has reviewed the comments received and has responded
to the significant environmental issues raised during the review and consultation process;
WHEREAS, the comments received on the Mitigated Negative Declaration, either
in full or in summary, together with the District's responses, have been included in the
Mitigated Negative Declaration for the proposed Project; and
1143523.1 OCSD 16-XX-1
WHEREAS, the Mitigated Negative Declaration, including the comments received
by the District on the Mitigated Negative Declaration, has been presented to the District's
Board of Directors (the "Board")for review and consideration prior to the approval of, and
commitment to, the Project.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
1. The Board has independently reviewed and considered the Mitigated Negative
Declaration together with all comments received during the public review
process;
2. The Mitigated Negative Declaration reflects the independent judgment and
analysis of the Board;
3. The Board finds on the basis of the whole record before it that there is no
substantial evidence that the Project, as mitigated, will have a significant effect
on the environment;
4. The Board adopts the Mitigation Monitoring and Reporting Program (the
"MMRP"), attached as Attachment A to ensure that all mitigation measures
identified in the Mitigated Negative Declaration are implemented;
5. The Mitigated Negative Declaration has been completed in compliance with the
requirements of CEQA and is hereby adopted;
6. The Board approves the Santa Ana River Interceptor Rock Removal,
Project No. 2-41-8.
7. The documents and other materials that constitute the record of proceedings
on which the Board's decision is based are located at the District Administration
Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and the custodian for
these documents is the Clerk of the Board.
8. District staff is authorized and directed to file the Notice of Determination (NOD)
and any other documents in accordance with the requirements of CEQA.
1143523.1 OC$D 16-XX-2
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
April 27, 2016.
John Nielsen
Board Chair
ATTEST:
Kelly A. Lore
Clerk of the Board
1143523.1 OOSD 16-Xt-3
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 16-XX was passed and
adopted at a regular meeting of said Board on the 271h day of April 2016, by the following
vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 271h day of April 2016.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
1143523.1 OCSD 16-XX-4
OPERATIONS COMMITTEE Meeting Date To ad.ofDir.
04/06,16 —
AGENDA REPORTItem Number Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert Ghirelli, Assistant General Manager
SUBJECT: PRETREATMENT PROGRAM OVERVIEW
GENERAL MANAGER'S RECOMMENDATION
Information Only
SUMMARY
BACKGROUND
Each month staff provides an informational presentation on topics of interest to the
Board of Directors. This month's topic is an overview of the Orange County Sanitation
District's federally mandated pretreatment program.
RELEVANT STANDARDS
• Meet federal pretreatment requirements under 40 CFR 403
• Protect influent and biosolids for recycling
• Protect the effluent for marine discharge
• Protect collection system, treatment plants and other infrastructure
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD websife (www.ocsd.com) with the
complete agenda package:
N/A
RG:JC:jb
Page 1 of 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)
ICS Incident Command System
IERP Integrated Emergency Control Plan
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
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
PCSA Professional Consultant Services Agreement
POTW Publicly Owned Treatment Works
ppm Parts per million
PSA Professional Services Agreement
RFP Request For Proposal
Glossary of Terms and Abbreviations
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
SAW PA 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.
Benthos — The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
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.
Glossary of Terms and Abbreviations
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!f) - the dilution at which the majority of the people detect the odor
becomes the D(f for that air sample.
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.
NOMA- 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.
Glossary of Terms and Abbreviations
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.