HomeMy WebLinkAbout11-15-2017 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, November 15, 2017
Regular Meeting of the 5:00 P.M.
STEERING COMMITTEE Administration Building
Conference Rooms A& B
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGEND0
CALL TO ORDER
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 at the back of the room) and submit it to the Clerk of the Board or
notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by
the Chairperson and are requested to limit comments to three minutes.
REPORTS: The Committee Chairperson and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Directors. These reports are for information only and
require no action by the Directors.
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 Any items withdrawn from the Consent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 Regular Meeting of the Steering
Committee held on October 25, 2017.
2. REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL
DISTRICT FOR LANE CHANNEL PROJECT, PROJECT NO. FE16-11
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a
Reimbursement Agreement with the Orange County Flood Control District for the
protection of the Von Karman Trunk Sewer in the City of Irvine, for an amount not to
exceed $414,167.
11/15/2017 Steering Committee Agenda Page 1 of 4
NON-CONSENT:
3. STRATEGIC PLAN UPDATE (Bob Ghirelli)
RECOMMENDATION: Recommend to the Board of Directors to: Approve the 2017
Strategic Plan Update.
INFORMATION ITEMS:
4. ORANGE COUNTY SANITATION DISTRICT RATE PROGRAM (Lorenzo Tyner)
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board,
the Chairperson may convene the Board in closed session to consider matters of pending real estate
negotiations,pending or potentiallitigation,or personnel matters,pursuant to Government Code Sections
54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a)purchase and sale of real property; (b) matters of pending or potential litigation;
(c)employment actions or negotiations with employee representatives;or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
(1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property: 18350 Mt. Langley St. Fountain Valley, CA
APN Nos. 156-154-08 and 156-163-17
10950 Virginia Cir. Fountain Valley, CA - APN No.156-165-05;
10870 Spencer Ave. Fountain Valley, CA -APN No.156-163-07;
18480 Pacific St. Fountain Valley, CA -APN No.156-165-04;
18430 Pacific St. Fountain Valley, CA -APN No.156-165-06;
18370 Pacific St. Fountain Valley, CA -APN No.156-165-08;
18429 Pacific St. Fountain Valley, CA -APN No.156-163-09;
18410 Bandilier Cir. Fountain Valley, CA -APN No.156-163-10;
18368 Bandilier Cir. Fountain Valley, CA - APN No.156-163-11;
10700 Spencer St. Fountain Valley, CA-APN No.156-163-16;
10700 Spencer Ave. Fountain Valley, CA -APN No.156-154-07;
18386 Mt. Langley St. Fountain Valley, CA-APN No.156-154-06;
18385 Bandilier Cir. Fountain Valley, CA - APN No.156-163-12;
18401 Bandilier Cir. Fountain Valley, CA - APN No.156-163-13;
18424 Mt. Langley St. Fountain Valley, CA-APN No.156-154-05;
18435 Bandilier Cir. Fountain Valley, CA - APN No.156-163-14;
18475 Bandilier Cir. Fountain Valley, CA - APN No.156-163-15;
10725 Ellis Ave. Fountain Valley, CA -APN No.156-154-04; and
10540 Talbert Ave. Fountain Valley, CA -APN No.156-151-03
11/15/2017 Steenng Committee Agenda Page 2 of 4
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Bob Ghirelli; Directorof Finance and Administrative Services, Lorenzo Tyner; Director
of Engineering, Rob Thompson; Engineering Managers, Kathy Millea and Jeff Mohr;
CIP Project Manager, Tom Grant; Kevin Turner and John Gallivan, Cushman and
Wakefield.
Negotiating parties:
K & A Investments LP, APN Nos. 156-154-08 & 156-163-17
Valley Business Park, APN Nos. 156-165-05, 156-165-06, 156-163-07;
DK-USA LLC, APN No.156-165-04;
Fountain Valley Industrial Parcel 13, APN No.156-165-08;
Sukut Real Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11;
The Ins Trust Shabtai, Nevon, APN No. 156-163-16;
The Ins Trust, APN No. 156-154-07;
Fountain Valley Star LLC, APN No. 156-154-06;
TN Sheet Metal Inc., APN No. 156-163-12;
18401 Bandilier LLC, APN No. 156-163-13;
Phone Lilly Lin-Lin TR, APN No. 156-154-05;
JDK Partners, APN No. 156-163-14;
Chandler Real Properties, APN No. 156-163-15;
Ellis Avenue LLC, APN No. 156-154-04; and
SFII Fountain Valley LLC, APN No. 156-151-03
Under negotiation: Instruction to negotiator will concern price and terms of payment.
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS
IF ANY:
ADJOURNMENT:
To the Steering Committee meeting scheduled for Wednesday, December 20, 2017 at
5:00 p.m.
11/15/2017 Stewing Committee Agenda Page 3 of 4
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.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com, 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 a Committee or Board 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
kloreAocsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherberg(c3ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rahirelliRocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomnsonOocsd.com
Director of Environmental Services Jim Colston (714)593-7450 icolston(cbocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 INnenco ocsd.com
Administrative Services
Director of Human Resources Celia Chandler (714)593-7202 cchandler(docsd.com
Director of Operations 8 Maintenance Ed Torres 714 593-7080 etorres ocsd.com
11/15/2017 Steenng Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, October 25, 2017 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Chair Sebourn on Wednesday, October 25, 2017 at
5:01 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
Greg Sebourn, Board Chair Jim Herberg, General Manager
David Shawver, Board Vice-Chair Bob Ghirelli, Assistant General Manager
Chad Wanke, Administration Committee Celia Chandler, Director of Human
Chair Resources
Tim Shaw, Member-At-Large Jim Colston, Director of Environmental
Services
COMMITTEE MEMBERS ABSENT: Rob Thompson, Director of Engineering
John Withers, Operations Committee Ed Torres, Director of Operations &
Chair Maintenance
Ellery Deaton, Member-At-Large Lorenzo Tyner, Director of Finance &
Donald Wagner, Member-At-Large Administrative Services
Kelly Lore, Clerk of the Board
Jennifer Cabral
Mike Dorman
Al Garcia
Tina Knapp
Mark Manzo
Kathy Millea
Jeff Mohr
Tiffany Nguyen
Ddaze Phuong
Jim Spears
OTHERS PRESENT:
Brad Hogin, General Counsel
Gina Ayala, Orange County Water
District
Patrick Sheilds, IRWD
James Finete, Savage Finete
PUBLIC COMMENTS:
No public comments were provided.
10/25/2017 Steering Committee Minutes Page 1 of 4
REPORTS:
Chair Sebourn notified the Committee that OCSD has been nominated for OCBC's
7th Annual Turning Red Tape into Red Carpet Award for their Sustainable and Green
Development Program. As he and the Vice-Chair are both unable to attend, he
extended an invitation to the Steering and Legislative & Public Affairs Committees to
attend on behalf of the District.
Chair Sebourn reminded the committee that OCSD will be presenting certificates and
awards to the winners of the Safety Poster Contest at tonight's Board Meeting.
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
Regular Meeting of the Steering Committee held on September 27, 2017.
AYES: Sebourn; Shawver; and Wanks
NOES: None
ABSTENTIONS: Shaw
ABSENT: Deaton Wagner and Withers
NON-CONSENT:
2. 10TH ANNIVERSARY OF THE GROUNDWATER REPLENISHMENT
SYSTEM
(Bob Ghirelli)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Approve hosting a GWRS 10th anniversary event in Winter 2018 in
cooperation with the Orange County Water District; and
B. Approve an additional $20,000, that will be split between Orange County
Water District and the Orange County Sanitation District, in the GWRS
outreach budget to host a GWRS 101h anniversary event.
AYES: Sebourn; Shaw; Shawver; and Wanke
NOES: None
ABSTENTIONS: None
ABSENT: Deaton Wagner and Withers
General Counsel Brad Hogin left the meeting during the discussion and vote of Item
No. 3 due to a conflict of interest.
10/25/2017 Steering Committee Minutes Page 2 of 4
3. RATIFY A THREE-PARTY AGREEMENT TO RELOCATE THE FRUIT
STREET TRUNK SEWER TO ACCOMMODATE THE OC STREETCAR
(Rob Thompson)
Director of Engineering Rob Thompson provided an overview of the item.
Mr. Herberg and Chair Sebourn responded to questions regarding the terms
and conditions of the agreement.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Ratify the Three-Party Agreement (Letter of Intent) between the City of
Santa Ana, the Orange County Transportation Authority, and the
Orange County Sanitation District which allows for the Orange County
Transportation Authority to relocate the existing Fruit Street Trunk
Sewer and maintains the existing Agreement with the City of Santa Ana
to make new local/lateral connections in exchange for maintaining and
cleaning the sewer; and
B. Request a legal opinion, if needed, from the Attorney General's Office.
AYES: Sebourn; Shaw; Shawver; and Wanke
NOES: None
ABSTENTIONS: None
ABSENT: Deaton Wagner and Withers
Chair Sebourn stated that the General Manager has requested that Item No. 4 be
pulled from consideration as OCTA has informed him that there is a possible
alternative design that is being considered for the 1405 freeway flyover and,therefore,
OCSD anticipates that additional legal services will no longer be required. Hearing
no objections, the item was pulled from consideration.
4
(Reb Thompson)
nnnyCn SFCONDFID AND DULY C RRICrI TO, RpnnmmAnd In the RAAFi
of n'rectn.n fn* n then anor an ..i N1nn nnn b. n.&Ie source o FGha6e
Order 105851 OR to Lewis s Brisbobn Q'n amid P' Smith, I I D for legal c
related to pPejeet and pseperty agreements with OFange County Transportation
Authorrty and Gity of N..o,pe Ft Beach m.dL.rn fnr a Rat to e PPd Rest ..f
INFORMATION ITEMS:
None.
CLOSED SESSION:
10/25/2017 Steering Committee Minutes Page 3 of
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54956.9(d)(1):
The Committee convened in closed session at 5:26 p.m. to discuss one item. Closed
Session Item No. CS-1 was not heard. Confidential minutes of the Closed Session
have been prepared in accordance with the above Government Code Section and are
maintained by the Clerk of the Board in the Official Book of Confidential Minutes of
Board and Committee Closed Session Meetings.
RECONVENED IN REGULAR SESSION:
The Committee reconvened in regular session at 5:37 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
Chair Sebourn declared the meeting adjourned at 5:27 p.m. to the next Steering
Committee meeting to be held on Wednesday, November 15, 2017 at 5:00 p.m.
Submitted by:
Kelly A. Lore
Clerk of the Board
10/25/2017 Steering Committee Minutes Page 4 of 4
STEERING COMMITTEE Meeting Date TOBd.Of Dir.
urysry7 at 7
AGENDA REPORT IWrnNumber Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY FLOOD
CONTROL DISTRICT FOR LANE CHANNEL PROJECT, PROJECT
NO. FE16-11
GENERAL MANAGER'S RECOMMENDATION
Approve a Reimbursement Agreement with the Orange County Flood Control District for
the protection of the Von Karmen Trunk Sewer in the City of Irvine, for an amount not to
exceed $414,167.
BACKGROUND
The Orange County Sanitation District (Sanitation District) owns and maintains the Von
Karman Trunk Sewer, including a 36-inch sewer inside a concrete encasement under the
Orange County Flood Control District's (OCFCD) Lane Channel. This section of sewer is
located at the intersection of Von Karmen Avenue and the 1405 freeway in the City of
Irvine. OCFCD has paramount land rights by virtue of easement dedications to the
County of Orange in 1965.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with neighboring agencies
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
• Less than 2.1 sewer spills per 100 miles
PROBLEM
Lane Channel has significant erosion in the vicinity of the Sanitation District's sewer. In
addition, the Sanitation District has two manholes on the channel levees. OCFCD is
leading a project to restore the condition of Lane Channel and the Sanitation District's
sewer is within the restoration area. If not properly protected, the construction activities
could adversely affect the Sanitation District's sewer and manholes.
PROPOSED SOLUTION
Protect the 36-inch Von Karmen Trunk Sewer, concrete encasement, and manholes.
Page 1 of 3
Enter into a Reimbursement Agreement with OCFCD, accepting the following terms to
the Von Karman Trunk Sewer protection:
• OCFCD shall prepare integrated contract documents for channel improvements
incorporating the Sanitation District's plans and specifications for protection of the
sewer.
• OCFCD to be responsible for the award and administration of a contract to OCFCD's
selected contractor.
• The Sanitation District shall inspect and accept the construction work.
• OCFCD shall issue necessary change orders after Sanitation District review and
approval.
• The Sanitation District shall implement a sewer bypass plan in the event of a spill.
• The Sanitation District shall accept OCFCD's project dewatering flows in its sewer in
exchange for OCFCD waiver of administration fees.
• The Sanitation District shall reimburse OCFCD for all costs related to the construction
for the protection of the sewer and manholes for an amount not to exceed $414,167.
TIMING CONCERNS
OCFCD intends to bid the Lane Channel project in late 2017, and begin the construction
project by March 2018. It is important for the Reimbursement Agreement to be executed
prior to bidding to ensure that assets will be protected properly. In addition,the Sanitation
District would like Lane Channel restored as soon as possible to reduce risk for the sewer
and manholes.
RAMIFICATIONS OF NOT TAKING ACTION
Without the Reimbursement Agreement, the protection of the Sanitation District facilities
would need to be bid and constructed by the Sanitation District and would negatively
impact the OCFCD project schedule and cost.
PRIOR COMMITTEE/BOARD ACTIONS
June 2017 - Approved a Sole Source Professional Design and Construction Support
Services Agreement with HDR Engineering, Inc. for the Lane Channel Crossing Project,
Project No. FE16-11, for an amount not to exceed $131,939, plus 10% contingency
($13,194).
ADDITIONAL INFORMATION
In 2015, the Sanitation District became aware of the erosion and took steps to reduce risk
for the Sanitation District in the event of further erosion prior to implementation of the
OCFCD project.
In the event construction costs exceed the estimated $414,167, staff shall seek Board
approval and authorization prior to any cost increase.
Page 2 of 3
CEQA
OCFCD is the lead agency and has determined the project to be categorically exempt
under Class 2 Section 15302, Replacement or Reconstruction.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation DistricPs Purchasing
Ordinance. This item has been budgeted and the budget is sufficient for the
recommended action. FY Budget 2017-18, Appendix, Page A-7.
ATTACHMENT
The following attachment(s)is provided in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
Reimbursement Agreement
KM:RD:sa:gc
Page 3 of 3
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
THIS LANE CHANNEL REIMBURSEMENT AGREEMENT ("AGREEMENT"),
for the purpose of identification is hereby numbered MA-080-17011141 and entered into this
day of 2017("EFFECTIVE DATE"),BY AND BETWEEN
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "OCFCD"
AND
ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "SANITATION DISTRICT",
which are sometimes individually referred to as"PARTY", and collectively referred to as
"PARTIES"
RECITALS
WHEREAS, OCFCD plans to improve a segment of OCFCD's Lane Channel (OCFCD
Facility 4F08) emanating upstream of Jamboree Road to downstream of Main Street(hereinafter
the"CHANNEL") lying in part within an unincorporated area of the County of Orange and in
part within the City of Irvine;
WHEREAS, OCFCD's improvement project("PROJECT") shall consist of.
(1)Restoring the CHANNEL to a condition consistent with its record drawing,
(2)Lining the CHANNEL with a geocell structure,in-plane with the surrounding graded
slope surface, and
(3)Regrading and reconstructing the maintenance road and walkway adjacent to the
CHANNEL;
WHEREAS, SANITATION DISTRICT owns, operates and maintains a 36" sewer line
("FACILITY"),traversing below the CHANNEL as depicted on Exhibit A attached hereto and
by this reference incorporated herein in accordance with Public Property Encroachment Permit
No. 84-00604("SEWER PERMIT");
WHEREAS, SANITATION DISTRICT acknowledges it has sole responsibility for
maintenance of the FACILITY and relocation of said FACILITY when necessary for the
reconstruction or alteration of the CHANNEL pursuant to the terms of the SEWER PERMIT;
WHEREAS,the PARTIES understand the FACILITY may be impacted by the proposed
PROJECT if appropriate protective measures are not followed and desire to collaborate to
integrate into the PROJECT plans and specifications adequate procedures, specifications,
protections and restrictions as needed to fully protect the FACILITY in place and avoid the need
for relocation;
W29.003-1212550(1148-2017) Pege 1 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
WHEREAS, a Spill Prevention Containment and Countermeasure Plan and a conceptual
plan for the temporary protection of the sewer pipeline have been prepared by SANITATION
DISTRICT and their design engineer, on SANITATION DISTRICT's behalf, ("CONTRACT
DOCUMENTS") and have been determined to be sufficient to implement into OCFCD's bid
package for the protection of SANITATION DISTRICT's FACILITY from adverse impact
during the implementation of the PROJECT;
WHEREAS, OCFCD's construction contractor for the PROJECT (the
"CONTRACTOR")is required to design and implement a temporary protection of the sewer
pipeline and implement the Spill Prevention Containment and Countermeasure Plan, as required
in the CONTRACT DOCUMENTS, for the SANITATION DISTRICT review and approval to
protect FACILITY;
WHEREAS, SANITATION DISTRICT and its design engineer have determined that
such CONTRACT DOCUMENTS will be sufficient to protect the FACILITY so long as the
CONTRACT DOCUMENTS (inclusive of any modifications to the CONTRACT
DOCUMENTS mutually agreed to by the PARTIES in writing) is fully and faithfully adhered to
and implemented;
WHEREAS, the CONTRACT DOCUMENTS have been incorporated into the
PROJECT final design plans and bid package such that the PROJECT may be completed without
impacting SANITATION DISTRICT'S FACILITY, subject to the understanding that
SANITATION DISTRICT will retain all responsibility,financial and otherwise,for the
preparation and adequacy of all design elements of the CONTRACT DOCUMENTS in
accordance with the terms herein;
WHEREAS, OCFCD seeks SANITATION DISTRICT's cooperation in the review of
any PROJECT change order("CHANGE ORDER")that may impact the FACILITY or
implementation of the CONTRACT DOCUMENTS; and,
WHEREAS, the PARTIES mutually desire to enter into this AGREEMENT to set forth
the terms governing their cooperation and coordination with one another in the PROJECT
activities covered by this AGREEMENT in order to avoid impacts on the FACILITY by
implementation of the PROJECT in a manner complying with the CONTRACT DOCUMENTS.
AGREEMENT
NOW THEREFORE,it is mutually understood and agreed by the PARTIES as
follows:
INCORPORATION OF RECITALS: The recitals are incorporated into this
AGREEMENT by this reference.
SECTION I. TERM
This AGREEMENT shall remain in full force and effect through satisfaction of
SANITATION DISTRICT's obligations set forth under SECTION IV(SANITATION
84629.003-1212550(1148-2017) P,g 2of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
DISTRICT RESPONSIBILIITES), Items 1, 16 and 17 herein, or until December 31,2020,
whichever is later(the foregoing is referred to as the"Term"of this AGREEMENT);provided,
however,that the obligations described in SECTION V(MUTUAL DEFENSE AND
INDEMNIFICATION)hereinbelow shall continue to apply following expiration of the Term to
all causes of action or other claims in law or equity that result out of the PARTIES actions
pursuant to this AGREEMENT during the Term hereof with respect to performance of the
PROJECT and/or implementation of the CONTRACT DOCUMENTS. This AGREEMENT
may be extended upon mutual written agreement by the PARTIES' REPRESENTATIVES, as
defined below. This AGREEMENT shall terminate immediately by its own terms if OCFCD
does not award the PROJECT and notifies SANITATION DISTRICT in writing that it has made
a final decision not to proceed with the PROJECT.
SECTION II. REPRESENTATIVES
1. OCFCD REPRESENTATIVE: The Director of the Orange County Public Works
Department or his designee,hereinafter referred to as"DIRECTOR," shall be OCFCD's
representative in all matters pertaining to this AGREEMENT.
2. SANITATION DISTRICT REPRESENTATIVE: The Board of Directors of
SANITATION DISTRICT shall designate an authorized representative,referred to as
"SANITATION DISTRICT REPRESENTATIVE,"to be SANITATION DISTRICT's
representative in all matters pertaining to this AGREEMENT. All references herein to
SANITATION DISTRICT REPRESENTATIVE shall refer to that SANITATION DISTRICT
REPRESENTATIVE, or to any further designee of such SANITATION DISTRICT
REPRESENTATIVE,who is identified by the original SANITATION DISTRICT
REPRESENTATIVE as its representative for any purpose(s)of this AGREEMENT with prior
written notice to OCFCD, in accordance with the terms herein,naming any individual who is to
have access to the PROJECT area during construction to provide oversight inspection as a
SANITATION DISTRICT REPRESENTATIVE .
3. OCFCD's REPRESENTATIVE and SANITATION DISTRICT's
REPRESENTATIVE may sometimes be referred to collectively herein as"PARTIES'
REPRESENTATIVES."
SECTION 111. OCFCD RESPONSIBILITIES
OCFCD SHALL:
1. Be the lead agency under the California Environmental Quality Act of 1970,
California Public Resources Code § 21000 et seq., as amended, for the PROJECT,which
PROJECT shall include the CONTRACT DOCUMENTS and their implementation though the
completion of the PROJECT construction.
2. Upon approval of the CONTRACT DOCUMENTS by the DIRECTOR, incorporate
the CONTRACT DOCUMENTS into the PROJECT construction bid package as a component of
the PROJECT's plans and specifications. DIRECTOR shall not modify,waive or alter any
provisions of the CONTRACT DOCUMENTS approved by SANITATION DISTRICT without
W29.003-1212553(1148-2017) Page 3 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
SANITATION DISTRICT'S REPRESENTATIVE'S written consent, which shall not be
unreasonably withheld.
3. Award a construction contract ("CONSTRUCTION CONTRACT") for the
PROJECT to a CONTRACTOR who is appropriately registered and licensed to practice in the
State of California and require construction of the PROJECT in compliance with PARTIES'
agreed upon CONTRACT DOCUMENTS as a material term of that CONSTRUCTION
CONTRACT. Any material modification to the CONSTRUCTION CONTRACT relating to the
CONTRACT DOCUMENTS shall be approved by SANITATION DISTRICT'S
REPRESENTATIVE,which approval shall not be unreasonably withheld.
4. Allow the SANITATION DISTRICT a forty-five (45)day review period of
CONTRACTOR submittals concerning the CONTRACT DOCUMENTS and seven(7) days to
respond to Requests for Information(RFIs)related to the CONTRACT DOCUMENTS or their
implementation.
5. Require that the OCFCD Resident Engineer notify the SANITATION DISTRICT
in writing forty-five(45)business days in advance of PROJECT construction commencement,
and provide advance written notice of PROJECT work being performed in the immediate
vicinity of the FACILITY. OCFCD shall further ensure that the CONTRACTOR will cooperate
with the SANITATION DISTRICT'S performance of closed circuit TV/video inspections of the
FACILITY within thirty(30) days prior to commencement of construction work, and at
PROJECT sign-off.
6. Be responsible for PROJECT contract award and for the administration and
performance of CONTRACTOR under the CONSTRUCTION CONTRACT. Coordinate with
SANITATION DISTRICT REPRESENTATIVE for quality assurance/quality control of
activities relating to implementation of the CONTRACT DOCUMENTS and performance of the
work to SANITATION DISTRICT standards and the requirements of the CONTRACT
DOCUMENTS.
7. Invite a SANITATION DISTRICT REPRESENTATIVE to all construction
progress meetings that are focused on the FACILITY, and provide SANITATION DISTRICT
REPRESENTATIVE with contractor schedules and updates.
8. Provide the SANITATION DISTRICT 48-hour notice prior to any construction
work related to the FACILITY, and provide a SANITATION DISTRICT REPRESENTATIVE
with access to the CHANNEL for purposes of observation and inspection of the implementation
of the CONTRACT DOCUMENTS.
9. Require the CONTRACTOR obtain and provide evidence of insurance policies
with coverage in accordance with the terms of the awarded CONSTRUCTION CONTRACT for
the PROJECT, which names the SANITATION DISTRICT and its elected and appointed
officials,officers, agents and employees as additional insureds using ISO form CG 2010 or
CG 2033, or a form at least as broad,and shall, additionally, contain language providing for
waiver of subrogation.
81629.003-1212553(1148-2017) Page 4 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
10. Prior to the issuance of the Notice to Proceed to the CONTRACTOR,provide
SANITATION DISTRICT with the CONTRACTOR's policies and endorsements naming
SANITATION DISTRICT as an additional insured.
11. Require that any and all labor and materials bonds and performance bonds required
to be supplied by the CONTRACTOR for the PROJECT shall include SANITATION
DISTRICT as a named obligee on said bonds.
12. Furnish a representative to perform the usual functions of a Resident Engineer with
respect to the performance of the PROJECT,and who shall cooperate and consult with a
SANITATION DISTRICT REPRESENTATIVE regarding implementation of the requirements
of the CONTRACT DOCUMENTS.
13. In consideration of the SANITATION DISTRICT's expedited processing of the
OCFCD permit application seeking approval for discharge of water to the SANITATION
DISTRICT in connection with implementing or completing the PROJECT("SPECIAL
PURPOSE DISCHARGE PERMIT") and waiving of any associated permit charges set forth
in Section IV below, OCFCD shall waive any OCFCD supervisory, administrative or overhead
fees and/or charges to SANITATION DISTRICT in connection to implementation or
administration of the CONTRACT DOCUMENTS except for costs incurred due to a
SANITATION DISTRICT default in performance or those charges specified in Section IV
which are SANITATION DISTRICT's responsibility, namely costs for: (i) the design of a
temporary protection of the sewer pipeline, (ii)the implementation of the temporary protection
of the sewer pipeline,and(iii)the implementation of the Spill Prevention Containment and
Countermeasure Plan.;
14. Issue CHANGE ORDERS in accordance with the terms specified in SECTION VI
(CONTRACT DOCUMENTS MODIFICATIONS)upon receipt of a SANITATION
DISTRICT-initiated CHANGE REQUEST related to implementation of the CONTRACT
DOCUMENTS,provided that the work and/or changes described in the CHANGE REQUEST
would not,in the DIRECTOR's sole judgment,interfere with successful completion of the
PROJECT.
15. In the event that such a CHANGE REQUEST would, in the judgment of the
DIRECTOR, interfere with the successful completion of the PROJECT, OCFCD and
SANITATION DISTRICT REPRESENTATIVE shall meet and confer to develop a CHANGE
REQUEST that is mutually acceptable to the PARTIES. For the purposes of cost-responsibility,
such CHANGE ORDERS developed under this provisionshall be considered to have been
implemented pursuant to a SANITATION DISTRICT CHANGE REQUEST.
16. In the event the SANITATION DISTRICT defaults in the performance of any of its
obligations under this AGREEMENT or breaches any of the provisions of this AGREEMENT,
DIRECTOR may give written notice to the SANITATION DISTRICT describing such default.
The SANITATION DISTRICT shall have three (3)business days following receipt of such
notice of default to cure such default; provided if such default is not curable within said three(3)
business days, OCFCD may, at DIRECTOR's reasonable discretion,grant such additional time
as is necessary to cure. If the default is not cured within said three(3)business days (or such
W29.003-1212559(1148-2017) P,g 5d16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
additional time granted by OCFCD), OCFCD may make the necessary correction or cause it to
be made and the cost thereof, including but not limited to the cost of labor, materials, and
equipment shall be paid to OCFCD by the SANITATION DISTRICT within 30 days of receipt
of a statement of said cost from DIRECTOR. The remedies set forth in this paragraph may be
exercised at the DIRECTOR's sole discretion, and are not exclusive of other remedies that may
be available in law or equity,or under this AGREEMENT.
17. Accept the PROJECT work from the CONTRACTOR as complete and release any
related bonds provided by the CONTRACTOR,but only upon receipt of SANITATION
DISTRICT REPRESENTATIVE`s written certification that all components of the CONTRACT
DOCUMENTS were adhered to and implemented to SANITATION DISTRICT's satisfaction
during the PROJECT and the FACILITY has not suffered any damage from performance of the
PROJECT .
18. Upon SANITATION DISTRICT acceptance of the completion of the PROJECT in
accordance with the above requirements, send SANITATION DISTRICT an Invoice and Final
Accounting Report stating the final payment due to OCFCD under this AGREEMENT pursuant
Section N(SANITATION DISTRICT RESPONSIBILIITES)Item 20 hereinbelow.
The Invoice and Final Accounting Report shall contain all customary supporting
documents and information required to document and confirm the costs contained therein.
SANITATION DISTRICT shall have the right to review the records and books of OCFCD,upon
reasonable advance written notice to the DIRECTOR and at SANITATION DISTRICT's sole
cost and expense, in order to confirm or audit any charges for which SANITATION DISTRICT
requests further confirmation;provided that OCFCD shall reimburse SANITATION DISTRICT
for any out-of-pocket costs incurred in connection with such review if the charges to
SANITATION DISTRICT are determined to have been overstated by more than 5%for any
reason.
21. Provide CHANNEL As-Built drawings which reference the FACILITY upon
completion of the PROJECT.
SECTION IV.
SANITATION DISTRICT RESPONSIBILUTES
SANITATION DISTRICT SHALL:
1. Confirm with OCFCD, concurrent with execution of this AGREEMENT and as a
condition precedent to such execution,that all funds advanced by OCFCD at the direction of
SANITATION DISTRICT for work related to the CONTRACT DOCUMENTS or the
FACILITY that may have occurred prior to the EFFECTIVE DATE including but not limited to
payment(s)to design engineer for costs associated with providing initial development of the
CONTRACT DOCUMENTS, have been reimbursed and that there are no further
reimbursements due to OCFCD.
2. Prior to the EFFECTIVE DATE, submit to the DIRECTOR for OCFCD review and
approval: (a) CONTRACT DOCUMENTS prepared and signed by the SANITATION
W29.003-1212553(1148-2017) Page 6 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
DISTRICT'S design engineer and the SANITATION DISTRICT, and(b)any available
FACILITY reports, including all inspections on the FACILITY's condition.
3. Meet and confer with OCFCD's DIRECTOR or representative to resolve any
disputes over the CONTRACT DOCUMENT'S compatibility with the PROJECT plans and
specifications which may arise in the implementation of the Project, such that the PROJECT may
be completed and the FACILITY protected during implementation of the PROJECT.
4. Deliver to OCFCD, at no cost to OCFCD, a video inspection of the FACILITY
meeting reasonable specifications which have been prepared by OCFCD and approved in writing
by the DIRECTOR. This video inspection shall be performed within thirty (30)business days
prior to the scheduled commencement of construction for the PROJECT,provided that
SANITATION DISTRICT has received timely notice of that commencement.
5. During the Term of this AGREEMENT, comply with the insurance requirements
set forth in Exhibit B, which is attached hereto and incorporated herein by this reference, in
regard to maintaining insurance coverage for all SANITATION DISTRICT employees,
contractors, and agents, including but not limited to any SANITATION DISTRICT
REPRESENTATIVE, entering the PROJECT area in connection with this AGREEMENT with
the understanding SANITATION DISTRICT may submit evidence of sufficient self-insurance
with respect to its employees performing such work.
6. Create and deliver to OCFCD any CHANGE REQUESTS for additional work
beyond that provided for by the CONTRACT DOCUMENTS and/or changes to work provided
for by the CONTRACT DOCUMENTS which SANITATION DISTRICT subsequently
determines to be necessary to ensure the protection of SANITATION DISTRICT's FACILITY
in accordance with the intent of the CONTRACT DOCUMENTS.
7. In the event that a CHANGE REQUEST initiated by SANITATION DISTRICT
would, in the judgment of the DIRECTOR, interfere with the successful completion of the
PROJECT, SANITATION DISTRICT REPRESENTATIVE shall meet and confer with
OCFCD's Resident Engineer to develop a CHANGE REQUEST that is mutually acceptable to
the PARTIES. For the purposes of cost-responsibility, CHANGE ORDERS developed under
this provision IV(7) shall be considered to have been implemented pursuant to a SANITATION
DISTRICT CHANGE REQUEST.
8. Review and provide OCFCD written approval or disapproval of any proposed
submittals to implement OCFCD initiated CHANGE ORDERS with respect to the PROJECT
within 10 business days of receipt;provided, that, SANITATION DISTRICT consent is not
necessary for CHANGE ORDERS that do not impact the CONTRACT DOCUMENTS or its
implementation or the protection of the FACILITY contemplated thereby.
9. Review CONTRACTOR submittals concerning the CONTRACT DOCUMENTS
for conformance with the requirements of the CONTRACT DOCUMENTS and provide
comments to OCFCD within forty-five (45)days after receipt of the submittal.
81629.003-1212553(1148-2017) Page 7 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
10. Respond to RFIs clarifying the requirements of the Contract Documents to OCFCD
as soon as possible or within seven(7)days of receipt of the RFIs.
11. The current estimate of costs which are the SANITATION DISTRICT's
responsibility,i.e. (i)the design of a temporary protection of the sewer pipeline, (ii) the
implementation of the temporary protection of the sewer pipeline, and(iii) the implementation of
the Spill Prevention Containment and Countermeasure Plan, in accordance with the intent of this
AGREEMENT, is Four Hundred Fourteen Thousand and One Hundred Sixty-Seven Dollars
($414,167) (collectively named"INITIAL COST ESTIMATE"). Unless SANITATION
DISTRICT initiated CHANGE ORDERS increase the cost of implementing the CONTRACT
DOCUMENTS, the cost of implementing the CONTRACT DOCUMENTS that is allocated and
charged to SANITATION DISTRICT for the implementation of the CONTRACT
DOCUMENTS shall not exceed the INITIAL COST ESTIMATE,unless further authorization of
any additional expense is first approved by the SANITATION DISTRICT Board of Directors.
The PARTIES have included within this Initial Cost Estimate a 30%contingency factor.
However, if the cost of funding the implementation of the CONTRACT DOCUMENTS should
subsequently exceed the INITIAL COST ESTIMATE for any reason,the PARTIES shall meet
and confer with each other to discuss the reason for such cost overrun and to equitably allocate
such additional cost based upon the reasons therefor; provided,that, in any event, any further
increase in the SANITATION DISTRICT's cost share beyond the amount of the INITIAL COST
ESTIMATE shall require, and shall be subject to, the approval and authorization of the
SANITATION DISTRICT's Board of Directors, and the SANITATION DISTRICT
REPRESENTATIVE shall not have the authority to agree to any further cost increase without
such Board of Directors authorization.
12. Following commencement of the PROJECT,the SANITATION DISTRICT shall
pay monthly or quarterly progress payments to OCFCD within thirty days after receipt of an
invoice from OCFCD for the current costs incurred for the CONTRACT DOCUMENTS'
implementation and reasonable supporting documentation of those costs which are
SANITATION DISTRICT's responsibility which documentation shallspecify the scope of the
work performed, the performing party(ies),the dates of performance and such other reasonable
documentation as SANITATION DISTRICT may request.
13. To the extent implementation of the CONTRACT DOCUMENTS requires issuance
of any SANITATION DISTRICT permit,the SANITATION DISTRICT shall be financially
responsible for all costs related to obtaining such pemrit.
14. Prior or concurrent with the EFFECTIVE DATE of this AGREEMENT,provide to
OCFCD a Spill Prevention,Control and Countermeasure Plan for the CONTRACTOR to
implement in accordance with the CONTRACT DOCUMENTS.
15. Promptly report to the DIRECTOR in writing any spills, foes,revocation of
permits,receipts of notices of violation, reports, or other incidents involving any hazardous or
toxic substance, material,or waste as defined by statute, ordinance, case law, governmental
regulation or other provision of the law or which is or shall become regulated by any
governmental entity or agency("Hazardous Materials")which is, or becomes, located upon,
within or under the CHANNEL(including in the soil and/or in the groundwater within the
W29.003-1212550(1148-2017) P,g 8of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
CHANNEL area) due to SANITATION DISTRICT operations during the Term of this
AGREEMENT, including,but not limited to, all of the following due to SANITATION
DISTRICT operations: (i) all required reports of spills, storage, use or existence of Hazardous
Materials, including notices of any such release of Hazardous Materials required by Superfand,
EPCRA,California Health & Safety Code Section 25359.7,or any other applicable law or
regulation; (ii)all spills and other releases of Hazardous Materials; (iii) all fires; (iv) all notices
of suspension or revocation of any permits, (v)all notices of violation from Federal, state or local
authorities; (vi)all orders under the Hazardous Waste Control Act and the Hazardous Substance
and Account Act, and the corresponding Federal statutes conceming investigations,compliance
schedules, cleanup or other remedial action; (vii) all orders under the Porter-Cologne Act,
including corrective action orders, cease and desist orders, or cleanup and abatement orders;
(viii)all notices of violation from OSHA or Cal-OSHA concerning employees'exposure to
Hazardous Materials; and(ix) all complaints and other pleadings filed related to the use, storage,
disposal or release of Hazardous Materials on or from the FACILITY.
16. Through the actions of its SANITATION DISTRICT REPRESENTATIVE in
accordance with the terms herein, oversee implementation of the CONTRACT DOCUMENTS
and provide quality control of all activities performed pursuant to the CONTRACT
DOCUMENTS in coordination with the CONTRACTOR and the OCFCD Resident Engineer,
and charge the SANITATION DISTRICT REPRESENTATIVE with the responsibility to
inspect all activities performed during the PROJECT for conformity with the CONTRACT
DOCUMENTS' requirements,and to communicate and collaborate with OCFCD'S Resident
Engineer to implement the CONTRACT DOCUMENTS and to resolve any deviations from the
PROJECT's approved plans and specifications necessary to implement and adhere to the
CONTRACT DOCUMENTS. The SANITATION DISTRICT REPRESENTATIVE shall
notify OCFCD'S Resident Engineer if any deviations in implementing the requirements of the
CONTRACT DOCUMENTS are observed by the SANITATION DISTRICT
REPRESENTATIVE and if SANITATION DISTRICT REPRESENTATIVE becomes aware
that CONTRACTOR is not performing work required by the terms of the CONTRACT
DOCUMENTS.
17. Coordinate with OCFCD's Resident Engineer any SANITATION DISTRICT
REPRESENTATIVE activities necessary to ensure the quality control of the activities
constituting or relating to the implementation of the CONTRACT DOCUMENTS, and be solely
responsible for all costs payable for this oversight work.by the SANITATION DISTRICT
REPRESENTATIVE.
18. Provide expedited permit processing of OCFCD SPECIAL PURPOSE
DISCHARGE PERMIT application seeking approval for discharge of water to the
SANITATION DISTRICT in connection with implementing or completing the PROJECT. In
consideration for OCFCD's waiver of fees or charges and in accordance with the terms in
Section III above, SANITATION DISTRICT shall waive any permit charges in connection with
the SPECIAL PURPOSE DISCHARGE PERMIT issued by SANITATION DISTRICT with
respect to implementing or completing the PROJECT. The SPECIAL PURPOSE DISCHARGE
PERMIT will be subject to hydraulic capacity and permit requirements.
81629.003-1212553(1148-2017) Page 9 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
19. Without limitation of any rights SANITATION DISTRICT may have against the
CONTRACTOR,upon completion of the PROJECT as determined by OCFCD's DIRECTOR
and conveyed in writing to the SANITATION DISTRICT, and upon SANITATION DISTRICT
concurrence with such determination,provide OCFCD with the SANITATION DISTRICT's
written certification that OCFCD fulfilled all responsibilities required of it under this
AGREEMENT regarding implementation of the CONTRACT DOCUMENTS during the
PROJECT,which written certification shall not be unreasonably withheld.
20. Provide to OCFCD final payment for implementing the CONTRACT
DOCUMENTS after SANITATION DISTRICT's certification of the successful implementation
of the CONTRACT DOCUMENTS as described above, and within thirty business (30) days
receipt of an Invoice and Final Accounting Report from OCFCD that includes the following, and
such other supporting documentation as SANITATION DISTRICT may reasonably request:
(A) The actual sum incurred by OCFCD with respect to line items shown in the
accepted bid for implementation of the CONTRACT DOCUMENTS and any other work by the
CONTRACTOR required to protect the FACILITY and authorized in writing by the
SANITATION DISTRICT;
(B) CHANGE ORDER expenses approved in writing by the SANITATION DISTRICT
REPRESENTATIVE with respect to work involving the CONTRACT DOCUMENTS and any
other work required to protect the FACILITY, if any; and,
(C) Reimbursement of all funds advanced by OCFCD and not already described above,
which are in furtherance of the implementation of the CONTRACT DOCUMENTS for which
the SANITATION DISTRICT has financial responsibility,provided such advance had been
approved in writing by the SANITATION DISTRICT REPRESENTATIVE prior to
disbursement.
SECTION V. MUTUAL DEFENSE AND INDEMNIFICATION
1. SANITATION DISTRICT agrees to indemnify,defend with counsel approved in
writing by OCFCD's Board of Supervisors, which approval shall not be unreasonably withheld,
and hold harmless OCFCD and the COUNTY and their elected and appointed officials,
employees, and agents ("OCFCD/COUNTY INDEMNITEES") and their property from all loss,
injury, liability,damages, claims,costs and expenses,whether incurred by or made against
OCFCD, COUNTY or any of the OCFCD/COUNTY INDEMNITEES (including attorney's fees
and court costs)in connection with(i)breach of this AGREEMENT by the SANITATION
DISTRICT or its elected and appointed officials,employees and agents ("SD INDEMNITEES');
(ii)the willful misconduct or negligent acts or omissions of SANITATION DISTRICT, SO
INDEMNITEES or any of them relating to or connected with creation and/or implementation of
the CONTRACT DOCUMENTS; (iii)the accuracy of any materials,methodology and/or other
documentation provided by SANITATION DISTRICT to OCFCD, OCFCD/COUNTY
INDEMNITEES or any of them in furtherance of the implementation of the CONTRACT
DOCUMENTS or in performance of this AGREEMENT; and(iv)any discharge, spill or release
from the FACILITY not caused by OCFCD,any OCFCD/COUNTY INDEMNITEES, or any
party acting on their behalf or under their direction, including the CONTRACTOR and any of its
W29003-1212550(1148-2017) Page 10 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
subcontractors;provided, however,that(a) OCFCD timely provides SANITATION DISTRICT
notice after OCFCD becomes aware of any fact, condition or event which may reasonably give
rise to SANITATION DISTRICT's obligation to defend and indemnify OCFCD under this
section and, (b)nothing in this subparagraph shall operate to relieve OCFCD or any
OCFCD/COUNTY INDEMNITEES from responsibility for, or to require their indemnification
with respect to, any loss, injury, liability, damages, claims, costs or expenses to the extent
determined by a court of competent jurisdiction to have been proximately caused by the willful
misconduct or negligent acts or omissions of OCFCD,the OCFCD/COUNTY INDEMNITEES,
any party acting on their behalf or under their direction,including the CONTRACTOR and any
of its subcontractors of any degree, or any of the foregoing.
2. OCFCD agrees to indemnify, defend with counsel approved in writing by the
SANITATION DISTRICT,which approval shall not be unreasonably withheld, and hold
harmless the SANITATION DISTRICT and the SD INDEMNITEES,and their property from all
loss, injury, liability, damages, claims, costs and expenses, whether incurred by or made against
SANITATION DISTRICT, SD INDEMNITEES or any of the them (including attorney's fees
and court costs) in connection with(i)breach of this AGREEMENT by OCFCD or the
OCFCD/COUNTY INDEMNITEES, (ii)the willful misconduct or negligent acts or omissions
of OCFCD,the OCFCD/COUNTY INDEMNITEES, or any of them relating to or connected
with creation and/or implementation of the PROJECT; (in)the accuracy of any materials,
methodology and/or other documentation provided by OCFCD to SANITATION DISTRICT,
the SD INDEMNITEES or any of them in furtherance of the implementation of the PROJECT or
in performance of this AGREEMENT; and(iv) any discharge, spill or release from the
FACILITY caused by OCFCD, any OCFCD/COUNTY INDEMNITEES, or any party acting on
their behalf or under their direction, including the CONTRACTOR and any of its subcontractors
of any degree;provided,that (a) SANITATION DISTRICT timely provides OCFCD notice after
SANITATION DISTRICT becomes aware of any fact, condition or event which may reasonably
give rise to OCFCD's obligation to defend and indemnify SANITATION DISTRICT under this
section and, (b)nothing in this subparagraph shall operate to relieve SANITATION DISTRICT
or any SD INDEMNITEES from responsibility for, or to require their indemnification with
respect to, any loss, injury, liability, damages, claims, costs or expenses to the extent determined
by a court of competent jurisdiction to have been proximately caused by the willful misconduct
or negligent acts or omissions of SANITATION DISTRICT, SD INDEMNITEES,any party
acting on their behalf or under their direction, or any of the foregoing.
3. SANITATION DISTRICT hereby releases and waives all claims and recourse
against OCFCD and County including the right of contribution for loss of or damage to property,
damage to or interruption of use of the FACILITY, or injury to or death of any person arising
from erosion, flood, storm events or flood overflow conditions of the CHANNEL not caused by
the willful misconduct or negligent acts or omissions of OCFCD or any OCFCD/COUNTY
INDEMNITEES, or any party acting on their behalf or under their direction, including the
CONTRACTOR and any of its subcontractors of any degree. OCFCD hereby releases and
waives all claims and recourse against SANITATION DISTRICT including the right of
contribution for loss of or damage to property, damage to or interruption of use of the
CHANNEL, or injury to or death of any person arising from erosion, flood, storm events or flood
overflow conditions not caused by the willful misconduct or negligent acts or omissions of
W29.003-1212550(1148-2017) Page 11 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
SANITATION DISTRICT or any SD INDEMNITEES, or any party acting on their behalf or
under their direction.
4. The PARTIES acknowledge that the CHANNEL is designed to convey storm
runoff which may contain certain pollutants and that OCFCD's operation of the CHANNEL is
governed by Municipal Separate Stomf water Sewer System Permit Order No. R8-2009-0030 as
amended by Order No. R8-2010-0062 ("MS4 Permit')issued by the California Regional Water
Quality Control Board and Santa Ana Regional Water Quality Control Board, and that said MS4
Permit sets forth OCFCD's obligations to reduce pollutants in stormwater conveyed through the
CHANNEL. Nothing in this section should be interpreted to impose any liability or obligation
on OCFCD under the AGREEMENT concerning pollutants present in the stormwater conveyed
by the CHANNEL that exceeds OCFCD's reduction obligations under the MS4 Permit.
SECTION VI. CHANGE REQUEST
A modification to the CONSTRUCTION CONTRACT to implement the CONTRACT
DOCUMENTS through a CHANGE ORDER may be initiated by the SANITATION DISTRICT
REPRESENTATIVE with a written CHANGE REQUEST for an alteration to the PROJECT's
plans and specifications conveyed to the OCFCD's Resident Engineer. All costs and charges
associated with implementing changes requested in CHANGE ORDERS initiated by
SANITATION DISTRICT's CHANGE REQUESTS shall be reimbursed to OCFCD, or paid
directly by, SANITATION DISTRICT. Furthermore,to the extent that SANITATION
DISTRICT approval is required for implementation of OCFCD-initiated CHANGE ORDERS
due to potential impacts of those CHANGE ORDERS on the CONSTRUCTION CONTRACT to
implement the CONTRACT DOCUMENTS or its successful implementation, SANITATION
DISTRICT shall be financially responsible for, and required to reimburse OCFCD for, the
portions of the costs of those CHANGE ORDERS related to changes to,or in the implementation
of,CONSTRUCTION CONTRACT to implement the the CONTRACT DOCUMENTS if,but
only if,the portion of such CHANGE ORDER is necessary to protect the FACILITY and the
need for such CHANGE ORDER is due to factors outside the control of the PARTIES and was
unforeseeable by any PARTY or its agents or consultants at the time of approval of the original
plans implementing the CONTRACT DOCUMENTS.
OCFCD's DIRECTOR or designee shall review all CHANGE REQUESTS and either
approve or deny them. If OCFCD's DIRECTOR denies a SANITATION DISTRCT-initiated
CHANGE REQUEST,the PARTIES shall meet and confer to develop a new CHANGE ORDER
that is mutually acceptable to both PARTIES and addresses SANITATION DISTRICT's
underlying concern that prompted its CHANGE REQUEST. For the purposes of cost-
responsibility, SANITATION DISTRICT initiated CHANGE ORDERS developed under this
paragraph shall be considered to have been implemented pursuant to SANITATION DISTRICT
CHANGE REQUEST.
SANITATION DISTRICT-initiated CHANGE REQUESTS shall,upon their approval by
OCFCD's DIRECTOR, lead to the creation of a CHANGE ORDER by OCFCD that will serve
to modify the terms and provisions, and become part,of the CONSTRUCTION CONTRACT
and the plans implementing the CONTRACT DOCUMENTS.
W29.003-1212550(1148-2017) Page 12 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
OCFCD's Resident Engineer shall convey all DIRECTOR-approved CHANGE
ORDERS to CONTRACTOR, and direct CONTRACTOR to implement all changes requested
by said CHANGE ORDERS.
If OCFCD's Resident Engineer requires changes to performance of the PROJECT that
may or will impact implementation of the CONTRACT DOCUMENTS,the DIRECTOR shall
send the proposed CHANGE ORDER submittal to the SANITATION DISTRICT
REPRESENTATIVE for approval. SANITATION DISTRICT REPRESENTATIVE shall
review and expeditiously respond to any such CHANGE ORDER. SANITATION DISTRICT
REPRESENTATIVE shall not unreasonably withhold consent to CHANGE ORDER submittals.
If the SANITATION DISTRICT REPRESENTATIVE does not respond to a CHANGE ORDER
within ten(10)business days, the CHANGE ORDER will be deemed approved,unless the
CHANGE ORDER would result in increased costs payable by SANITATION DISTRICT or
would adversely impact the CONTRACT DOCUMENTS or their implementation, in which case
the CHANGE ORDER requires the written approval of the SANITATION DISTRICT
REPRESENTATIVE and may not be approved by a deemed approval. SANITATION
DISTRICT consent is not necessary for CHANGE ORDERS that do not impact the
CONTRACT DOCUMENTS or its implementation. If SANITATION DISTRICT conditions its
approval of a CHANGE ORDER on OCFCD's making certain changes to that CHANGE
ORDER as it relates to the CONTRACT DOCUMENTS and which are not already required by
or contemplated in order to maintain consistency with the CONTRACT DOCUMENTS,the
costs in implementing those SANITATION DISTRICT-requested changes shall be treated as if
they were implemented by CHANGE REQUEST initiated by SANITATION DISTRICT and
shall be the financial responsibility of SANITATION DISTRICT.
SECTION VII. MISCELLANEOUS PROVISIONS
1 . ENTIRE AGREEMENT AND CONSTRUCTION: This AGREEMENT contains
the entire AGREEMENT between the PARTIES with respect to the matters provided for herein.
2. NOTICE: All notices or other communication provided for herein shall be in writing
and shall be personally served or delivered by United States mail, registered or certified return
receipt requested,postage prepaid, addressed as follows:
SANITATION DISTRICT: OCFCD:
Attn: Robert Thompson Attn: Elsa Ramirez, Utilities Unit
Orange County Sanitation District OC Public Works/Project Management
10844 Ellis Avenue County of Orange
Fountain Valley,CA 92708 300 North Flower Street
Santa Ana, CA 92703
Any PARTY may,by notice to the others, designate a different address for notices that
shall be substituted for that specified above. Any notice given as provided in this subparagraph
shall be deemed to have been received, if personally served, as of the date and time of service, or
if deposited in the mail as provided above, forty-eight(48)hours after deposit in the mail.
W29.003-1212550(1148-2017) Page 13 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
3. SUCCESSORS AND ASSIGNS: The terms and provisions of this AGREEMENT
shall be binding upon and inure to the benefit of the PARTIES hereto and their successors and
assigns. Neither PARTY to this AGREEMENT shall assign its rights and obligations hereunder
without the consent of the other PARTY,which consent shall not be unreasonably withheld or
delayed.
4. APPROVALS: Unless otherwise specified in this AGREEMENT any approval
required to be given by either PARTY pursuant to the terms of this AGREEMENT(except for
approvals required to be given by SANITATION DISTRICT'S Board of Directors and/or
OCFCD's Board of Supervisors), shall be requested in writing and be deemed given if no written
response to the PARTY's request for such approval is received by the requesting PARTY within
thirty(30)business days following a request for such approval, provided that prior to such
deemed approval, the requesting PARTY shall provide a second written notice stating that this is
a second notice,that the initial 30 day period for response has passed and that,unless the
requesting PARTY receives a response within 5 business days after receipt of this second notice,
the approval requested in the original notice will be deemed to have been given.
5. EXECUTION IN COUNTERPARTS: This AGREEMENT may be executed in
counterparts, each of which when executed and delivered shall be considered an original, and
when taken together shall constitute a single document.
6. ATTORNEY'S FEES: In any action or proceeding brought to enforce or interpret
any provision of this AGREEMENT, or where any provision hereof is validly asserted as a
defense, each PARTY shall bear its own attorney's fees and costs.
7. AMENDMENTS: No alteration or variation of the terms of this AGREEMENT
shall be valid unless made in writing and signed by the PARTIES hereto,and no oral
understanding or AGREEMENT not incorporated herein shall be binding on any of the
PARTIES hereto.
8. COMPLIANCE WITH APPLICABLE LAW: Each PARTY and their respective
contractors shall at all times and in all respects comply with all applicable federal, state and local
laws,ordinances regulations and permits with respect to their performance of this
AGREEMENT.
9. INTERPRETATION: This AGREEMENT shall be construed and enforced in
accordance with California law. The PARTIES acknowledge that the PARTIES and their
counsel have reviewed and revised this AGREEMENT and that the normal rule of construction
to the effect that any ambiguities are to be resolved against the drafting PARTY shall not be
employed in the interpretation of this AGREEMENT or any exhibits or amendments hereto.
10. SEVERABILITY: If any part of this AGREEMENT is held, determined or
adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction,the
remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible.
W29.003-1212550(1148-2017) Page 14 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
11. AUTHORITY: The PARTIES represent and warrant that this AGREEMENT has
been duly authorized and executed and constitutes the legally binding obligation of their
respective organization or entity, enforceable in accordance with its terms.
IN WITNESS WHEREOF,the PARTIES hereto have caused this AGREEMENT to be
executed by their officers thereunto duly authorized on the date written above.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Gergory C. Seboum,PLS
Board Chairman
ATTEST:
By: Kelly A. Lore
Clerk of the Board
APPROVED AS FORM:
By: Dennis Roy, Abram Roy LLP
Special Counsel
W29.003-1212550(1148-2017) Page 15 of 16
Agreement MA-080-17011141
LANE CHANNEL REIMBURSEMENT AGREEMENT
ORANGE COUNTY FLOOD CONTROL
DISTRICT
Dated: By:
Chairwoman of its Board of Supervisors
Signed and certified that a copy of this
document has been delivered to the
Chairwoman of the Board per G.C. Sec.
25103,Reso 79-1535
By:
Robin Sticler
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
Date:
By:
W29.003-1212550(1148-2017) Page 16 of 16
EXHIBIT A
-P,UB :IC PROPERTY.ENCROACH&'NT PERMIT
coumamplom
pE510NRTE0 PRWE: iaa-aa9a ENVWON MAL-K#AQ&MWAcm"
PeRMbmW YrinElnMnb lalePlgblona REOULATION/PUBM PROPERTYPERIa1f ae i'8 elldatlop
I4,. n:.nmlw:a vel�naa the 4nm vao .... .^, IRI.I.PPs"+RmIMCrRFA,fI,NY£RFm . ...
ebixmN. - Tx r
i f 3 'E Av ,rsli I 11110
BMb.
P'b.�,l�rM.�G::wisdrtbNwarml. c ' .;w[_
Se SjN lal
y�,eSsLn �P�
Tm wwly.ea.errbw(Ma.Irsliwpl G.11ifbrP?P!A'^ wPlaa�iro.1�+4 r..f'1 „ i z,e- --
^vu.:.'a 1. �1NP,Mr[W,PIINRMrIPMNIRrI y,�.,.,�.-._:.lv�. NUMBER
. . .-COmty'�8ati1CAt3per�liC[$'C Titi`t`7 '•. Y .p J•I• -. :er z�R eW;l:,_' tYT
10844 Ellie Aveml
Folmcal4 7a1lgP C,!}}tPSII.1A l27Q8_ ,x r LNE. t 708
.. rnl �..,..� rR[ 'e'1 e 1 u m. 1t .✓f' r r++ f�[+ n •:.
Cale P.,aq-m Dares+
PERMRTEDUSE: 'U�PIXCanippraplNy MlriiYry •,_ela�eu.. � ieParbr+mrwilvlrslrr i fw'�lo: .
TO `Install.
�opm-Attee.,. and mab,"� 4 eaw.14e rlthta Co,4M7'4 Lae Cbemal
.. .' .. :IIY.1. �Tnl nY :.n :yliL' '..�, iF,".:':.I::.Ii d.'F:3L. •':Cr'
9fyti � ....nf1+142.a.9•k:^:. : ... tea . i•:..ty r.n �`SX$t:V:: .n rv.t�. ..
LOCATIONOFWORK: i•nal:»,:.a�:' ' "•i:.. •.r, srn ,. o'er d:.,>- u.,,;, ,gafnme. ,{' ...
1.:: ' ~V•[C':n. v. .., M•[y:v.. t u.:_1a :+9r}y..' ol.,a.:,�5[.p'• s :b5•na.iOCp••8(S.: � �'\.
Von P.!!9N'f$VIYIII,®��'Y°�SOj'O'�tNW�7: :':•••+"•r;�+lam.N4k:'>,C.Biklu�ul.��: . .. ? '.
.•. y�.: . ti„^!t' ![TL':'pm. f4_c��DW4. `M '� � -. 5,.�7
a •f197 s :51nwn a a!4 llE4atapc fi'ni§7at=i�.� �"•�.�r r• ' ::
F4mpeep'. .
I
PERWTTEE•BACCEPTANCE: :�,.. ' r • [' . �CnOIRfIYAPPRQVAL � �1 :��t. 43 1@69
Pa1nln.4 eawlk"WrnYtWgsatri4mP/xM7Mhbr6Aliflpl.V[lyy�y.+� F1�: :� ., ., e
. ` 3 !I'CN Y .
PROM.
I
,
I PERMIT IR6P�TOIISTEPOIrt-1DlO�1T S" _ -•. Q! +OpaieL'1EERa •'•- 1 `✓ .
TR.77'lt!'wat! !!1»nI"1I 6-
.,SBUILT plln.jklW lnaWlps NOW Su 111W RrwlthW E"FM! �.Fne WIR111cIMf'TWmrgrinSlruCibn4MtdIXtM
REMARM
y'1 P ami+ -.PEIWR SUPEMMMNDEKM WGR(tTURE MTE
� K
1 _. I AA it -P
. MURRAY STORM
DIRECTOR,EMA
H.A U NTY O F DIRECTOR OF REGULATION
2 1
MAILING ADDRESS:
3 � so.
o AOM
RANG E SANTA ANA,M.O. C4x927M
ENVIRONMENTAL MANAGEMENT AGENCY
REGULATION '
900 CIVIC CENTER DRIVE WEST FILE
SANTA ANA,CALIFORNIA
4714)SJLfara
Jill 2 3 I984 Application Reference
No.
-County Sanitation District No. 1
10844 Ellis Avenue
Fountain Valley, California 92708
Attention: Tom Dawes .
Your request for a permit to use property under the jurisdiction of the Hoard of Super-
visors has been:
❑ Received and is presently being reviewed by this agency's Public Property Permits
Division. Upon completion of our review, you will be notified of the results.
❑ Received by this agencyla Public Property Permits Division. In order to complete our
processing, please provide the following:
QAccepted and will be approved by this agency's Public Property Permits Division, subject
to execution of the enclosed permit by the permittee, or an authorized representative.
Plea toed to Y;, fora rtu al co ie for final rocessin b this office. An approved copy will be
retu your records.
❑ Approved subject to your compliance with the provisions Of the enclosed fully executed
permit. Inspection services shall be arranged, as noted in the permit, prior to com-
mencement of the permitted use.
Any,questions regarding our permit procedures may be directed to the person whose name and
telephone number are noted below.
i
Al Vym , , TiG/�iL_5707
Division Representative RepreBentat ive a Telephone Number
ej
R. D. Burk, Manager
RDH.am Public Property Permits Division
F0150$1f Omt1
SPECIAL PROVISIONS 84-00604
' Pamil No.
A. No open cutting or removal of the county flood control channel section
shall be permitted between October 15 and April 15 except under condi-
tions and a timing schedule meeting approval of county's assigned
Inspector.
Permittee's contractor shall provide for the free flow of storm runoff
in the flood control channel at all times and permittee agrees to assume
full liability for any damage that may be caused by contractor's failure
to do so.
B. The county possesses limited rights in the area of this permit which
may not be sufficient for permittee's purposes. Permittee acknowledges
the limitations of county's rights and agrees to secure permission from
any other owners required for exercise of rights permittde needs.
C. Permittee shall construct the permitted works in accordance with approved
plans subject to inspection and approval by county's assigned inspector.
Certification for all materials and work, including compaction tests,
.. shall be furnished by permittee upon request. Certification shall be
made by a certified testing agency or firm acceptable to the county.
D. By acceptance of this permit, permittee agrees that the permitted Instal-
lations to be made within county right of way shall be the property of
permittee and permittee shall be responsible for maintenance thereof.
E. Permittee agrees to relocate the installations to be made under this
permit promptly upon written notice so to do, entirely at its expense,
when necessary for the constructions reconstruction,. improvement or
alteration of county's flood control district works.
P. This permit shall become void in the event the use permitted is abandoned
for a period exceeding one (1) year. Upon commencement of work, all opera-
tions, including clean-up and restoration of county right of way, shall be
completed within sixty (60) calendar days.
C. In the event the permitted facilities, after installation, are abandoned,
permittee agrees to remove said facilities, if required, and restore
county right of way to the satisfaction of county's inspector.
11. Permittee acknowledges its responsibility to carry or require its con-
tractor to carry adequate workers' compensation, public liability and
property damage insurance coverage.
I. No work shall be performed within County's right-of-way without the full
knowledge of County's inspector, who shall be given not less than 24-hours
advance notice of the initiation of the work by calling 834-3488.
1-79
OI PECTOP,EMA
N,I RRIZAN
d
NTY OF DIRECTOR OF REGULATION
7 I MAILING AOOREEe:
BOX.048
S i RANGE SANTA RNA,CA 927W
ENVIRONMENTAL MANAGEMENT AGENCY
REGULATION
AOe CIVIC CENTER DRIVE WEST FILE
SANTA ANA,CALIFORNIA
I11419342919
AUG 2 1994 JUL 2 7 084 Application Reference
NO,.
County Sanitation District No. 7 - v
10844 Ellis Avenue
Fountain Valley, California 92708
Attention: Tom' Dawes
Your request for a permit to use property under the jurisdiction of the Board of Super-
visors has been:
❑ Received and is presently being reviewed by this agency's Public Property Permits
Division. Upon completion of our review, you will be notified of the results.
❑ Received by this agency's Public Property Permits Division. In order to complete our
processing, please provide the following:
❑ Accepted and will be approved by this agency's Public Property Permits Division, subject
to execution of the enclosed permit by the permittee, or an authorized representative.
Please return all conies for final orocessinx by this office. An approved copy willbe
returned to you for your records.
PApproved subject to your compliance with the provisions of the enclosed fully executed
permit. Inspection services shall be arranged, as noted in the permit, prior to com-
mencement of the permitted use.
Any questions regarding our permit procedures .may be directed to the person whose name and
telephone nuplber are noted below.
vie n epresentative epxesentative'e Telephone Number
r
Manager
RDB:am Public Property Permits Division
.(ba FM5d51117n,11
County of Orange aPPMICTnnaa No.:84^�d4��
Environmental Management Agency
Regulation/Public Property Permits Division DATE:
REQUEST FOR VERIFICATION
To: aM flus'lAon
FROM: R.D. Burk,M,annaaw
SUBJECT: «Gt )"i '• V1 fT rS lLl '�T0. �IZ'��oO '�]I 'F7Z _
Please review attached arM pr ide Public Properly Permits Division your comments br ansider win our permit processing.
It you have any questions or wish to discuss this proposal,please anted:
(Centror p�)or G P (Cenlw y 70 7
It no response is received by / O� we will assume your ancurrance or that
your division has no Comments on this matter.
By:
RESPONSE:
I
'GLt.0.+7M tI J ,e/'p VC Odl tPOtJ
a
By: _
m: Permit File
Date T��
County of OrangeRMr
9 APPLICATION NO.:0 -��-�r�F1
Environmental Management Agency ���---��<---�
RegulatioivPublic Property Permits Division DATE: Ai h_ 84-
TO: — -111-0501
FROM:
R. D.BU Ic, r
SUBJECT:LIIEGK �N,Sn-T V _k,-4M6i" ,1VjVd< Siemer EQ o
fA 12AWA dr'kl pr, w- i , 4 —43; o-F revised P)aH s
12y ,elA ,C; 4:6 per IPl4A 'odd �
4 Ala f G4 An 'C!a-���� CC-s-.A'—l/ 1,..t 1
If you have any questions of wish to Ai1Cuss this proposal,please contact.
(Genlrex
RESPONSE: ` �T
1 By:
Pertrtil File
Date
County of Orange APPuMCATION NO.: � A-e)
Environmental Management Agency
Regulation/Public Property Permits Division DATE:
REQUEST FOR VERIFICATION
TO: &G.✓l lJv�ldbyifi�vnA?M,W,&H
FROM: R.O.ButX,Manager
SUBJECT: 0 ✓�� I��" 5
Please review attached and pmvtde Public Property Permits DMslon with your commons for consideration In ow permit pooessing.
1
n you have any questions or wish to discuss tNs proposal.please oWdact.
I (Cenlrex ))or (Centrex
If no respome is recened by v V we will assume your mmuaance or that
your drviston has rw wrnrnents on We mallet
RESPONSE: u
( )c ih3 sl ew yr \ala
l.vt tn.� �Gs I
RECEIVED
JUN 4 t484 I
si .. rEanln
ilOq
m:Permit File
Date
County Orange • PERIAI AT10N NO.:!/S '
Environmental Management Agency5 19d-
Regulatio /Public Property Permits Division DATE:
REQUEST FOR VERIFICATION
USDY) - Owl Ya i UtO nS
FROM: R.O.9u ,Manager
IIQ
SUBJECT: FOUCJ Gtrossrh fit - - —
^�I Please revise art= and provide Pudic Property Permits DMsion with your comments br consideration in our permit processing.
p
pI
I
R€QEk�
.II EtuixEcuunoN°"
h you have any quesfion i or wish to discuss Ih"s proposal,please WIWI:
N (Cenm )a 114. (Cane
If no response is receive i by_ � ,we will assume you(concurrance a that
your division has no cor menis on this Maher
RESPONSE:
I �
9. �a
eo a. 1' w rr, h rS
yr '
� e -v ruee
"'d i7Je �i-u y ine�y�io�Rt 8y: .
cc: Permit File fix e� e/evtztny j /9CC,l X!l F ��7V "
rl''a Flernefrts Date_7T
EIT
AggBk County of Orange • �PPLIATION
Environm ntal Management Agency
Regulatio, Public Property Permits Division DATE: 5'Zr✓'8
IREQUESTFOR VERIFICATION
r7) /
FROM: R,O.Burk,Manager
SUBJECT: �V(� Gt�o55i VIDS
N
Please review alreched and provide Pudic Property Permits Division with your comments for consideration In our perk processing.
II you have any questions or wish to discuss this preposal,please contm:
(centrux / Q A))o-rr (Cenhex
If no response is receive by _ 8 ~ SY we will assume your concurrence of that
your division has no comments on Ih'm matter.
RESPONSE: /
eT�S'7tJr�' /
c �
1
RECEIVFn
MAY g I�
�ERMR Owltlnu
IAA/RECUUTION ��
f
By:
a:Permit File
Date �
PERMITCouM YofOrange APPLICATION NO —606/4
0
Environmi Mal Management Agency
Regulatiol blic Property Permits Wsion DATE: �✓ -Zl'
REQUEST FOR VERIFICATION
TO: illoeurx,l� — �
FROM: R.D.Buis,Manager
SUBJECT: f061 4YO56"n6i4
i
Please review atlecg� and provide Public Property Permits Division with your comments for consideration In our permit processing.
JJ
I
i
If you have any 9uestlo 0 or wish to discuss this proposal,please contact:
�y (Cerrm / Q ,)oor ( .. . . (Cerdrez Oy }
It no response is race Ketl by v ` o ,we WHI aeerrcne your corwunenoe or that
your division has no cornrients on this mallet
I � I
RESPONSE:
i
i
RECEIVED
i� ,JUN � taaq
'd t KRMR DIV ypu
M
1 I
I m:Pa"It File
\_ Date L 6
Boyle Emineerinq Corporauan
1581 Ooae Street cons utuna enoln ears I aictntects
P.O. So. 3030 >ra/
New 152-0505
port Beach, Cali/omie 92658.0089 1elea 58-5561
05
ORANGE COUNTY May 17, 1984
ENVIRONMENTAL MANAGEMENT AGENCY
Central Permits
Attention Mr. Al Vasquez
400 Civic Center Drive, West
Santa Ana, CA 92701
County Sanitation District No. 7 of Orange County
Von Karman Trunk Sewer
Contract No. 7-8
County Sanitation District No. 7 (CSD) has retained our firm to
prepare plans and specifications for the Von Karman Trunk Sewerserving the industrial/commercial areas in the vicinity of John
Wayne Airport.
Per our telephone conversation today regarding obtaining an
encroachment permit, enclosed are four sets of alignment and
profile plans showing 1) project location, 2) crossing of the
Lane Channel (FOB) facility between stations 32+00 and 33+00
(tunnel) , 3) crossing of the Lane Channel facility between
stations 72+00 and 73+00 (concrete encasement) , and 4) project
sewer on Main Street within County of Orange property (John
Wayne Airport) . Also enclosed are four 11 x 17 drawings
detailing the channel crossing and encasement/riprap installation,
which will be a part of the final drawings.
In reference to our April 27 letter, the Sanitation District
is calling for two size alternatives for the trunk sewer, either
39-inch diameter or 60-inch diameter where County rights-of-way
will be crossed. The enclosed plans reflect the proposed design
measures discussed in the letter except that the casing at
Main St. and MacArthur Blvd, will be installed by tunneling
rather than jacking.
LS LS V L5 r
MAY 2 5 S84 L
EMA/REGULAf10N
PUBLIC PROPERTY PERMITS
ORANGE COUNTY May 17 , 1984
ENVIRONMENTAL MANAGEMENT AGENCY Page 2
We would like to reiterate the critical nature of the sewer
elevation beneath the Lane Channel at Von Karman Ave. , as this
elevation determines the profile for approximately 7200 feet
of large diameter piping and associated construction costs,
ability to intercept four smaller subtrunk sewers, future
pumping costs at the pump station to be constructed at the
downstream end of the project and efficiency of flow through
the channel crossing itself. Method of construction proposed
at this location is still open cut trench during non-storm
portions of the year.
We plan to completely finalize plans and specifications shortly
in order to acquire CSD Board approval and begin construction
bidding in June. Your assistance in expediting this permit
process will be greatly appreciated. should you require addi-
tional information, please contact either Mr. Phil Stone or me
at (714) 752-0505 .
BOY�LE` ENGGINEERING CORPORATION
/
I� uk-0
Mark O. Briggs, PE
encl.
cc: County Sanitation District
Orange County - Tom Dawes
cc
OC-007-134-00
r
s.
w
8 N
n4 1 - N ri V
IA
'
lv Pied 1a,I
N m z
Q {pN F
to W
U� Y
1
1 0.
v
U) VL
1 .
a
' % zz
F e
4
W
A'
PERMMTTEE pp11 ThbpemJlaMRM nelFvmaleeapM. FACILRYNAME NUMBER
{iNiTATM STI2[Cr Ammm"Mi
10 84 OkWrywf— e C#AtjoeC F08
f oThnih Val C4 9.L7o&
cauw Pwsm "r 1 4WO TeWp Ne. 962'441/
PERMITTED ULLSE• 660cw"Wy pmye�'mynawuwalaws,vuejepbpovelasa,ew,»wea anowm*ea irrew:
10 ✓ISTA � I ^P..✓ � �"� I'ltulN'1� ✓1 C SQ.UXY � IHG LI�✓IIH �GX1✓I�ti�S
L11►JE CJ+ NCI- .r4+- of- 06 clioa .
LOCATION OF WORK:
VM 01MA A Qvel~uc Diego Fe4ftual
CONSIDERATION:
Pp Foes �.--. UD . . 5 y„mv �t"^'� ( 111e474 TOTAL� J0,1/0 p
CneTY No, CaN AeeMN Dale Trull FUM inwic _9D: fRl
Fae pas a: = Q
�HCGYr CW 15D1 62UAi (J,
rtC�' Q•0:WX 3�3a (�aroL
7,v0a•.-j A4"k {3vi or Pkil $ 152.0505
TRANSMITTAL LETTERS: 611 - (1)(2)(3)(4) to: UJ FrOl1NTY APPROVAL:
! IY� F69-62 (Sept. 23, 1969)
PermitteeEng�.neer _ w/tc: F73-45 (June 26, 1973)(Veh.)
INSPECTION ASSIGNMENT: 72-739 (June 27, -1972)(Equestrian Ramp
Construction (834-34,88)_ Operations (634-7016) — F68-62 (Sept. 17, 1968)(Shellfish Nary
_ OTHER: Title 2, Division 5 of the
Recreation (Facility Phone) w/cc Codified Ordinances of O.C.
END TYPIST INNFFOTRMATIO�N - PPPD PERSONNEL ONLY
Permit application received 5-25-84 Amount Check Dar
PLAN REVIEWS *Application Fees _
Construction Div. �j-TFi-84 �i 6 -�� 74- *permit Fees
Operations Div. 5,26-8 1 6-6- l=¢ **Surety —
Rec. Fac. Div. **Surety Bond No.
Design Div. 5-25-$4 � 74-fr/
Bond Location
Subdivision Div, P
Planning �6— **Insuraann*COMPLETION REPORT
Cert.REPORT
Rec'd
)ounty Counsel Review
3ther J*V;5;0ns `_16-.w (a_2 Date of Completion
)Cher Report Rec'd
Review by Manager - g Copy sent to permittee
Typist „ Copy to Subdivision/
Linen Update
511-2 or 3 to permittee -$,;/ +*SURETY RELEASE
B.I.T. Memo to Fiscal Svcs.
4ANAGS/S Agenda Date Warrant Auth. Rec'd in PPPD
511-4 to SIGNATURE 11-4 to permittee * W.A. Date No.
Retain ORIGINAL in permit file
**Retain COPY in permit file
tEMARRS 6 ACTIVITY LOG (Phone and/or personal contacts, etc.) -
Ea ieew-+
FoR-207, 2ot D:
MA-080-17011141
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this AGREEMENT, SANITATION DISTRICT shall maintain at
SANITATION DISTRICT's expense commercial insurance or self-insurance to cover its
general liability, professional liability, pollution liability and automobile liability with a
minimum limit of $1,000,000 per occurrence and workers' compensation exposures
required herein and indemnity obligation associated with this AGREEMENT.
SANITATION DISTRICT shall provide OCFCD with proof of insurance, or a letter
evidencing SANITATION DISTRICT self-insurance coverage and the certificates
therefore acceptable to OCFCD, within seven (7) days of the effective date of this
AGREEMENT.
All self-insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance.
If no SIRS apply, indicate this on the Certificate of Insurance with a zero (0) by the
appropriate line of coverage. Any self-insured retention (SIR) in excess of Fifty
Thousand Dollars ($50,000) shall specifically be approved by County Executive
Office/Office of Risk Management, or designee ("Risk Manager").
SANITATION DISTRICT shall cause its contractors/consultants and subcontractors
performing relevant work associated with the AGREMENT to maintain and provide
proof of insurance including endorsements subject to the same terns and conditions as
the SANITATION DISTRICT which shall provide the minimum coverage and limits as
set forth below for work where the relevant exposure exists:
Coverase/Limits
Coverage Minimum Limits
Commercial General Liability with
products and completed operations and $1,000,000 limit per occurrence
contractual liability $2,000,000 aggregate
Automobile Liability including coverage
for owned,non-owned and hired vehicles $I,000,000 limit per occurrence
Workers'Compensation Statutory
Employers'Liability Insurance $1,000,000 per occurrence
$1,000,000 per claims made or per
Professional Liability Insurance** occurrence
$1,000,000 aguegate
Pollution Liability $1,000,000 per occurrence, or claims-made
** Professional Liability is required from the SANITATION DISTRICT and their
consultants and contractors. If SANITATION DISTRICT's or their consultants
Professional Liability policy is a "claims made" policy, SANITATION DISTRICT and
W29.M-175507.2(11-08-2017)
EXHIBIT B
Page 1 of 3
MA-080-17011141
their consultants shall agree to maintain professional liability coverage for two years
following the completion of the contract.
If SANITATIONDISTRICT's Pollution Liability policy is a claims-made policy,
SANITATIONDISTRICT shall agree to maintain coveragefor two (2)years following
completion of contract.
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office
(ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05,
CA 00 12,CA 00 20, or a substitute form providing coverage at least as broad.
Oualified Insurer
The policy or policies of insurance must be issued by an insurer licensed to do business in
the state of California(California Admitted Carrier) or have a minimum rating of A-
(Secure A.M. Best `s rating) and VIII (Financial Size Category) as determined by the
most current edition of the Best's Key Rating Guide/Proverty-Casualtv/United States
or ambest.com
If the insurance carrier is not an admitted carrier in the state of California and does not
have an A.M. Best rating of A-/VIII,the CEO/Risk Management retains the right to
reasonably approve or reject a carrier after a review of the company's performance and
financial ratings.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements,
which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 2010 or CG
2033 or a form at least as broad naming the County of Orange and
Orange County Flood Control District, its elected and appointed
officials, officers,employees, and agents as Additional Insureds.
2) A primary non-contributing endorsement evidencing that the
contractor's insurance is primary and any insurance maintained by the
County of Orange, Orange County Flood Control District shall be excess
and non-contributing.
3) A Products and Completed Operations endorsement using ISO Form
CG2037 led. 10/01)or a form at least as broad, or an acceptable
alternative is the ISO from CO2010 led. 11/85).
W29.M-175507.2(11-08-2017)
EXHIBIT B
Page 2 of 3
MA-080-17011141
All insurance policies required by this AGREEMENT shall waive all rights of
subrogation against the County of Orange, the Orange County Flood Control District, and
members of the Board of Supervisors, their elected and appointed officials, officers,
agents and employees when acting within the scope of their appointment or employment.
The Pollution Liability policy shall contain the following endorsements, which shall
accompany the Certificate oflnsurance:
1) An Additional Insured endorsement naming the County of Orange, Orange County
Flood Control District, their elected and appointed officials, officers, employees
and agents as Additional Insureds.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement
waiving all rights of subrogation against the County of Orange,the Orange County Flood
Control District, and members of their Board of Supervisors,their elected and appointed
officials, officers, employees, and agents.
To the extent such provision is then available on commercially reasonable terms, all
insurance policies required by this AGREEMENT shall give OCFCD 30 days' notice in
the event of cancellation and 10 days for non-payment of premium. This shall be
evidenced by policy provisions or an endorsement separate from the Certificate of
Insurance. SANITATION DISTRICT shall notify OCFCD in writing within thirty (30)
days of any policy cancellation and ten (10) days for non-payment of premium and
provide a copy of the cancellation notice to OCFCD. Failure to provide written notice of
cancellation may constitute a material breach of the AGREEMENT, upon which the
OCFCD may suspend or terminate this AGREEMENT.
OCFCD expressly retains the right to reasonably require SANITATION DISTRICT to
increase or decrease insurance of any of the above insurance types throughout the term of
this AGREEMENT which shall be mutually agreed upon. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to
adequately protect OCFCD under those standards.
OCFCD shall notify SANITATION DISTRICT in writing of changes in the insurance
requirements. If SANITATION DISTRICT does not deposit copies of acceptable
Certificates of Insurance and endorsements with OCFCD incorporating such changes
within thirty (30) days of receipt of such notice, this AGREEMENT may be in breach
without further notice to contractor, and OCFCD shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed
to limit SANITATION DISTRICT and/or its' consultants or contractor's liability
hereunder nor to fulfill the indemnification provisions and requirements of this
AGREEMENT, nor in any way to reduce the policy coverage and limits available
from the insurer.
W29M-175507.2(11-08-2017)
EXHIBIT B
Page 3 of 3
STEERING COMMITTEE Meeting Date TOBd.ot Dir.
urys/v a/ts/v
AGENDA REPORT emNumber Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: STRATEGIC PLAN UPDATE
GENERAL MANAGER'S RECOMMENDATION
Approve the 2017 Strategic Plan Update.
BACKGROUND
In November 2013, the Board of Directors adopted the 2014-2019 Five-Year Strategic
Plan. Each year, staff undertakes a review and update of the Strategic Plan to make any
necessary changes. In April, staff began the 2017 update.
In April, the Orange County Sanitation District (Sanitation District) retained the firm of
BHI Management Consulting to conduct a series of one-on-one confidential interviews
with interested Board Members. In July, the consultant led an employee workshop and
then participated in the Executive Management Team's annual planning meeting in
August. Information gathered during these meetings was used to prepare this Strategic
Plan Update.
RELEVANT STANDARDS
• Strategic Plan
PRIOR COMMITTEE/BOARD ACTIONS
October 2017 - A red-lined version of the Strategic Plan Update was received and
reviewed by both the Administration and Operations Committees.
November 2013 - The Board of Directors adopted the 2014-2019 Five-Year Strategic
Plan.
ADDITIONAL INFORMATION
Based on the outcome of the Strategic Plan Update interviews and employee workshop,
several minor modifications were made to the Levels of Service and seven of the eight
strategic goals are deemed complete:
Completed Strategic Goals:
• Disinfection of Ocean Discharge — Develop an implementation plan associated
with cessation of disinfection of the ocean discharge.
Page 1 of 2
• Legislative Advocacy and Public Outreach—Develop a unified legislative advocacy
and public outreach program.
• Odor Control — Completion of the Odor Control Master Plan.
• Future Biosolids Management Options — Study biosolids management options,
including V party contracts and onsite capital facilities.
• Energy Efficiency — Research new energy efficiency and energy conversion
technologies.
• Local Sewer Transfers—Complete the transfer of 174 miles of local sewers serving
parts of Tustin and unincorporated areas north of Tustin and local sewer transfers
in the City of Santa Ana.
• Future Water Recycling—Determine partnerships, needs, strategies, benefits, and
costs associated with recycling of Plant No. 2 effluent water.
The eighth goal — Workforce Planning and Workforce Development — is continuing into
the final year of the 5-year strategic plan. As part of the comprehensive workforce
planning and development efforts, the General Manager's 2017-2018 work plan calls for
a staffing study that identifies required staffing levels and opportunities to improve
organizational efficiency and effectiveness.
As reviewed by the Administration and Operations Committees, changes have been
made to some of the Levels of Service contained in the Strategic Plan. The changes are
intended to clarify the meaning of a service level, delete outdated service levels, and
eliminate irrelevant service levels.
CECIA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)are attached in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
• Final updated version of Strategic Plan document
Page 2 of 2
December 2017
Update
6w
.T JJ
5
WW \
t
year strategic plan
DECEMBER 2017
ORANGE COUNTY SANITATION DISTRICT
ORANGE COUNTY SANITATION DISTRICT
five-year strategic plan
DECEMBER 2017
ANI A
�i
g 9
a
'Ns THE t\yQ
JIS�
j�
table of contents ■
OCSD Board of Directors...........................................................................................ii
Message from the General Manager..........................................................................I
ExecutiveSummary.......................................................................................................1
tegic PlannIng Framework.............................................................................2
Statement.........................................................................................................3
rslontatement............................................................................................................4
CoreValues.....................................................................................................................5
RiskRegister....................................................................................................................6
StrategicGoals and Levels of Service.........................................................................7
ORANGE COUNTY SANITATION DISTRICT—SYEAR STRATEGIC PLAN IDECEMBER 2017)
board of directors
The strategic planning effort starts with the Board of Directors setting overall policy and priorities for the
Sanitation District.Based on that policy direction, staff develops the annual operational plan and budget.
Anaheim La Pahna
Denise Baines Peter Kim
Brea Los Alamitos
Glenn Parker Richard Murphy
Buena Park Member of the Board of Supervisors
Fred Smith Michelle Steel
Costa Mesa Sanitary District Midway City Sanitary District
James M.Ferryman Al Knppner
Cypress Newport Beach
Mariellen Yaic Scott Peotter
Fountain Valley Orange
Steve Nagel Teresa Smith
Fullerton Placentia
Greg Seboum Chad Wanke
(Board Chair) Santa Ana
Garden Grove Sal Tinajero
Steve Jones Seal Beach
Huntington Beach Ellery Deaton
Barbara Delgleize Stanton
Irvine David Shawver
Donald P.Wagner Tustin
Allan Bernstein
Irvine Ranch Water District
John Withers Villa Park
La Habra Robert Collacott
Tim Shaw Yorba Linda Water District
Phil Hawkins
ORANGE COUNTY SANITATION DISTRICT-SYEAR STRATEGIC PUN IDECEMBER 20171
message from the general manager
In November 2013 the Orange County Sanitation District(OCSD)
adopted a 5-Year Strategic Plan that envisioned an organizational
culture that adheres to our core values and makes efficient and
effective use of all available resources.The Strategic Plan centered
our efforts on customer service, fiscal responsibility, protecting
public health and the environment, communication, partnering
with others and creating the best possible workforce. We
11 As n u fitted to the execution of that plan and implementation of the
eight goals necessary to achieve success.
Protecting public he environment are critical to our mission, and I am pleased to
report that our oce program reflects that our ocean is healthy around OCSD's
ocean outfall.We also continue to be fiscally strong.This year OCSD received AAA bond ratings
and we have reduced our long term pension liabilities,which in turn enabled us to reduce planned
rate increases by 35 percent over the next three years.
Four years into the five year Strategic Plan,I am pleased in report that we have completed seven
of the original strategic goals and made strides towards accomplishing the final goal.In this update
year,we held Board member interviews,an employee workshop,and updated our Risk Register.
We remain committed to sustaining and improving our performance and meeting all of the
established strategic goals.
Under the direction of the Board of Directors,I am honored to be leading this effort and I look
forward to working together to accomplish our goals in the years ahead and continumf our
successes.
The accomplishments laid out in this Strategic Plan update would not be possible without the
collective dedication and effort of our workforce and the commitment a�d support of our Board
of Directors and the public we serve.
Respectfully submitted,
12 &
James D. Herberg,General Manager
ORANGE COUNTY SANITATION DISTRICT—STEAR STRATEGIC PIAR tDECEMBER 2017)
executive summary
The 2014—2019 5 year Strategic Plan is a guiding document that provides a framework that directs our
work. Each year,the Strategic Plan will be reassessed,updated, and submitted for approval by the Board
of Directors.
This year's Strategic Plan Update began with consultant retained by OCSD conducting confidential
Board Interviews with interested Board members to identify issues of concerns.Next,the consultant led
a Strategic Planning Workshop for employees and attended the Executive Management Team's annual
retreat to provide feedback from the Board Members and employees. The update concluded with five
Strategic Goals being identified as completed, no new goals being adopted, and a few minor
modifications being made to OCSD's levels of service.
Completed Strategic Goals:
Disinfection of Ocean Discharge—Develop an implementation plan including the technical, financial
and societal factors associated with cessation of disinfection of the ocean discharge.
Legislative Advocacy and Public Outreach—Develop a unified legislative advocacy and public
outreach program.
Odor Control—Completion of the Odor Control Master Plan.
Future Biosolids Management Options—Studybiosofids management options including 3rd party contracts
and onsite capital facilities.
Energy Efficiency—Continue to research new energy efficiency and energy conversion technologies
Local Sewer Transfers — Complete the transfer of 174 miles of local sewers serving parts of Tustin and
unincorporated areas north of Tustin and local sewer transfers in the City of Santa Ana.
Future Water Recycling — Determine partnerships, needs, strategies, benefits, and costs associated with
recycling of Plant No.2 effluent water.
Strategic Goals In Progress:
1. Workforce Planning and Workforce Development—This initiative is ongoing and part of a comprehensive
workforce planning and development effort to ensure we have the tight people with the tight skills and
abilities,in the tight place,at the tight time.
ORANGE COUNTY SANITATION DISTRICT-5 YEAR STRATEGIC PUN (DECEMBER 20171
strategic planning framework
The planning framework illustrated below shows how OCSD staff and the Board of Directors play a critical
role in strategic planning and resource allocation.
Monitoring Strategic New or Altered
and Evaluation Planning Levels of
Board strategic (:9)
Approval of planning
Budget process
Budget 1111I Goals and
Operational \objectives
Planning
1 v J
s
v
ORANGE COUNTY SANITATION DISTRICT-STEAR STRATEGIC PI.AR[DECEMBER 2017)
our mission statement
The Nfission Statement is the basic foundation that defines wby we exist.
"To protect public health
and the environment by
providing effective
wastewater collection,
treatment, and
recycling."
p3
vision statement
The Vision Statement supports the Mission Statement by expressing abroad philosophy of what the
Orange County Sanitation District staves to achieve in the delivery of services homers,vendors,
other agencies,the general public,and each other.
ORANGE COUNTY SANITATION DISTRICT
WILL BE A LEADER IN:
• Providing reliable, responsive, and
affordable services in line with
customer needs and expectations.
• Protecting public health and the
environment utilizing all practical and
effective means for wastewater,
energy, and solids resource recovery.
• Continually seeking efficiencies to
ensure that the public's money is
wisely spent.
• Communicating our mission and
strategies with those we serve and
all other stakeholders.
• Partnering with others to benefit our
customers, this region, and our
industry.
• Creating the best possible workforce
in terms of safety, productivity,
customer service, and training.
do
ORANGE COUNTY SANITATION DISTRICT-EYEAR STRATEGIC PLAN[DECEMBER 2017]
philosophycore values
The Core Values support the Nlission and Vision Statements by expressing the values,beliefs,and
that guides our daily actions.They help form the ftarnework of our organization and reinforce our
professional work ethic.
We aspire to the highest degree of integrity,honesty,trust,
and respect in our interaction with each other,our suppliers,
our customers,and our community.
We strive to reach OCSD goals through cooperative efforts
and collaboration with each other and our conatiruencies.
We work to solve problems in a creative,cost-effective,and
safe manner,and we acknowledge team and individual efforts.
We lead by example,acknowledging the value of our
resources and using them wisely and safely to achieve
our objectives and goals.We ace committed to act
in the best interest of our employees,our o a"ization,
and our community.
We continuously develop ourselves,enhancing our talents,
skills,and abilities,knowing that only through personal
growth and development will we continue
to progress as an agency and as individuals.
We seek to recognize,acknowledge,and rewazd
contributions to OCSD by our many talented employees.
ORANGE
risk register 2017
The Risk Register is a periodic compilation of the various risks facing the Orange County Sanitation
District, 3,Lseen and determined by our management team. As the world dealt with a variety of critical
events last year (a number of terrorist incidents in Europe, high rainfalls in Southern California, a massive
sewage leak offshore from Los Angeles, an extensive natural gas leak north of Los Angeles), OCSD
management identified risks directly related to our infrastructure and ongoing services. Management agreed
that our biggest risks are cyber terrorist or hacker attacks, earthquakes with their associated impacts, and
threats to maintenance of assets.
The 2017 Risk Register Update Identified these as the top risks:
• Earthquake and liquefaction impact facilities and operations—Souther California is prone to
earthquakes, and some areas of Orange County may include areas subject to liquefaction.
• Poor maintenance of assets leads to safety and reliability issues—Concerns about sufficient
staffing of Maintenance personnel might lead to threats with regards to the assets.
• Cyber or hacker attack on OCSD—Cyber-attacks can potentially prevent servers and regular
work from continuing normally—OCSD operations now depend on continued computer and
server function,which could be at risk from cyber-attacks.
The major continuity challenges Include:
Lack of business continuity exercises leads to unpreparedness—OCSD conducts
emergency preparedness exercises,but might need to do more in regard to business continuity.
Engineering staff are evaluating the risk of damage to buildings and structures from earthquakes,
while Risk Management has purchased earthquake insurance on additional key structures. The
Operations department is adding staff to the Maintenance function. Regarding cyber-attacks,
OCSD's Information Technology (IT) Division has added personnel who specialize in IT security.
Risk Management will be asking the Board to approve a contract with a business continuity consultant
to move forward an integrated business continuity effort for all OCSD divisions including IT.
ORANGE COUNTY SANITATION DISTRICT - 6 YEAR STRATEGIC PUN IDECEMBER 20171
strategic goals and levels of service
OCSD has six outstanding strategic goals to support the vision of the Board of Directors and Executive
Management Team.The levels of service are key performance indicators in achieving the overall vision.
Providing Exceptional Customer Service
• Providing reliable,responsive and affordable services in line with customer needs and expectations.
1. Control-Completion of the Odor Control Master Plan to make sure the District's investment is
current and,if needed,future process systems to produce the benefits intended.
Tagetforcompletion in PY 15-16.
Providing Exceptional Customer Service
Odor complaint call response: Treatment plants within 1 hour. 100%
Odor complaint call response: Collection system within 1 working day. 100%
Number of odor events: (Under normal operating conditions) 0
• Reclamation Plant No. 1 0
• Treatment Plant No. 2 12
• Collection System
Respond to public complaints or inquiries regarding construction projects within 1 100%
day.
Respond to all biosolids contractor violations within a week of violation notice. 100%
Protecting Pill Health and the Environment
• Protecting public health and the environment utilizing all practical and effective means for wastewater,
energy,and solids resource recovery.
2. Future Biosolids Management Option - Study biosolids management options inc�ed parry
contracts and onsite capital facilities for mid-term and long-term approaches beginning in
Target forcomfiletion in FY 15-16.
3. Energy Efficiency-The District will research new energy efficiency and energy conversion
technologies to maximize energy efficiency,reduce operating costs,minimize environmental impact,
and replace assets that are at the end of their useful lives. Tagetfor completion in FY 17-18.
OCSD owns antl operates$6.2 billion in infrastructure assets.Through these assets OCSD collects,treats,and either reuses or safely discharges
210 million gallons per day of wastewater.
ORANGE COUNTY SANITATION DISTRICT—SYEAR STRATEGIC PLAN IDECEBER 2017)
strategic goals and levels of service
rotecting7health
th& The Environmen Level of
Service Target
Accept dry off diversion flows without imposing fees. Up to 10 mgd
Air emissio to community and employees, per one million people < SO
(for each pl
Notices of violation (NOV)with air, land, and water permits. 0
Respond to collection system spills within 1 hour. 100%
Sanitary sewer spills per 100 miles. <2.1
Contain sanitary sewer spills within 5 hours. 100%
BOD
Meet secondary treatment standards. TSS 25 mg/L
SS 30 mg/L
Thirty-day geometric mean of coliform bacteria in effluent after initial dilution of <1000
250:1 (MPN).
Frequency of unplanned use of emergency one-mile outfall (per year during dry 0
weather).
Compliance with Core Industrial pretreatment requirements. 100%
Managing and Proto ing the Pubilo's Funds
• Continually seeking efficiencies to ensure that the public's money is wisely spent.
4. Local Sewer Transfers—Complete transfer of 174 miles of local sewers serving parts of Tustin
and unincorporated areas north of Tustin and local sewer transfers in the City of Santa Ana to be
concluded by December 31,2013.Following those,no further local sewers to be transferred at the
initiation of OCSD. If a local jurisdiction is interested in OCSD transferring sewers,each request
will be considered on an individual basis assuming the sewers meet the requirements identified.
Tmgetfar completion in FY 13-14.
Managing and Protecting Public Fun
Service Target
Annual user fees sufficient to cover all 0&M requirements. 100%
Actual collection,treatment, and disposal costs per million gallons. <within 30%of budget
Maintain AAA Bond Rating. Maintain
ORANGE COUNTY SANITATION DISTRICT - 6 YEAR STRATEGIC PUN IDECEMBER 20171
strategic goals and levels of service
Stakeholder Understanding and Support
• Communicating our mission and strategies with those we serve and all other stakeholders.
• Partnering with others to benefit our Customers,this region and our industry.
5. Future Water Recycling Options—Determine partnerships,needs,strategies,benefits and
costs associated with recycling of Plant No. 2 effluent water. Target for completion in FY 18-19.
Stakeholder Understanding and Support Level of
Service Target
Meet GWRS specification requirements for Plant 1 secondary effluent. 5 NTU
Provide specification effluent available to the Groundwater Replenishment 100%
System to maximize production of purified water.
Organlzatlonal Effectiveness
• Creating the best possible workforce in terms of safety,productivity,customer service,and training.
6. Workforce Planning and Workforce Development—This initiative is ongoing and part of a
comprehensive workforce planning and development effort to ensure we have the right people
with the right skills and abilities,in the right place,at the tight time. Targetforcompletion, ongoing.
t<4.�4
l of
Organizational Effectiveness Target
Employee injury incident rate—per 100 employees. Induverage
Meet mandatory OSHA training requirements. %
Achieve annual agency target of days away from work, days of restricted work <2 5
activity, or job transferred as a result of a work-related injury or illness.
Training hours per employee. 45 per year
ORANGE COUNTY SANITATION DISTRICT-SYEAR STRATEGIC PLAN IDECEBER 2017I
t
06
��p�•�o d '�eyaGal-,rlo�2�p8
gecla�a��se+v'e ��Q.2 geach,G�fosNa�'b�
1Q8'W6 Ise a��epla�i�on�'�.°o
22'L�Z$tiOok1�"ist �weta.com
�yanu.o�- , �wu/ron
STEERING COMMITTEE Meeting Date To ad.of Dir.
,1,117
AGENDA REPORT IWm Number tern Number
a
Orange county sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: ORANGE COUNTY SANITATION DISTRICT RATE PROGRAM
GENERAL MANAGER'S RECOMMENDATION
Information Only.
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
(Sanitation District) Rate Program.
Most of the Sanitation District's revenue comes from various fees governed by an
established rate structure. Fiscal year 2017-1 S is the final year of our last five-year Board
approved rate schedule. Staff has started the process of reviewing these rates in
preparation of presentations to the Committees, and Board approval of a new rate
structure.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• Ensure the public's money is wisely spent
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 1 of 1
WOODRUFF SPRADIJN&SMART CLOSED SESSION 1
• A
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, CA 92626-7670
(714)556-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: November 7, 2017
RE: Closed Session Items
The Steering Committee will hold a closed session on November 15,2017 for the purpose
of conferring with its negotiators regarding the purchase of real property. The negotiating parties
and properties are as follows: K& A Investments LP,APN No. 156-154-08 & 156-163-17;
Valley Business Park, APN Nos. 156-165-05, 156-165-06, 156-163- 07; DK-USA LLC, APN
No.156-165-04; Fountain Valley Industrial Parcel 13,APN No.156-165-08; Sukut Real
Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11; The Ins Trust Shabtai,
Nevon,APN No. 156-163-16; The Ins Trust,APN No. 156-154-07;Fountain Valley Star LLC,
APN No. 156-154-06; TN Sheet Metal Inc., APN No. 156-163-12; 18401 Bandilier LLC, APN
No. 156-163-13; Phone Lilly Lin-Lin TR, APN No. 156-154-05; JDK Partners, APN No.
156-163-14; Chandler Real Properties, APN No. 156-163-15; Ellis Avenue LLC, APN No.
156- 154-04; and SFII Fountain Valley LLC, APN No. 156-151-03. The District's negotiators
are Jim Herberg, Bob Ghirelli, Lorenzo Tyner, Rob Thompson, Kathy Millen and Jeff Mohr,
Tom Grant,Kevin Turner and John Gallivan, Cushman and Wakefield. Said closed session
will be held pursuant to authority of California Government Code Section 54956.8.
Respectfully submitted,
By X
6-
Bradley R. Hogin, Oeneral Counsel
1279981.1
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
CARS California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CIP Capital Improvement Program
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 US Environmental Protection Agency
FOG Fats, Oils, and Grease
gpd gallons per day
GWRS Groundwater Replenishment System
ICS Incident Command System
IERP Integrated Emergency Response 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 & Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
PCSA Professional Consultant/Construction Services Agreement
PDSA Professional Design Services Agreement
POTW Publicly Owned Treatment Works
ppm parts per million
PSA Professional Services Agreement
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Interceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAW PA Santa Ana Watershed Project Authority
SCADA Supervisory Control And Data Acquisition
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SRF Clean Water State Revolving Fund
SSMP Sewer System 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
W ERF Water Environment & Reuse Foundation
WIFIA Water Infrastructure Finance and Innovation Act
WIIN Water Infrastructure Improvements for the Nation Act
W RDA Water Resources Development Act
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 known 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.
Biogas—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a
digester tank that can be used as a fuel.
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
farmland or further processed as an earth-like product for commercial and home gardens to
improve and maintain fertile soil and stimulate plant growth.
Glossary of Terms and Abbreviations
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of
assets. Also includes treatment improvements, additional capacity, and projects for the support
facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but
also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most
common bacteria in wastewater.
Collections system— In wastewater, it is the system of typically underground pipes that receive
and convey sanitary wastewater or storm water.
Certificate of Participation (COP)—A type of financing where an investor purchases a share of
the lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (DIT) — The dilution at which the majority of people detect the odor
becomes the D/T for that air sample.
Greenhouse Gases (GHG) — 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 System (GWRS) — 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 per day of drinking quality water to replenish the local groundwater supply.
Levels Of Service (LOS) — Goals to support environmental and public expectations for
performance.
N-Nitrosodimethylamine (NDMA) — A N-nitrosamine 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 and Water Environment Federation, with advisory support from the US Environmental
Protection Agency. NBP is committed to developing and advancing environmentally sound and
sustainable biosolids management practices that go beyond regulatory compliance and promote
public participation 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.
Glossary of Terms and Abbreviations
Publicly Owned Treatment Works (POTW) —A municipal wastewater treatment plant.
Santa Ana River Interceptor(SARI) Line —A regional brine line designed to convey 30 million
gallons per day 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 runoff.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing
emissions from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated sludge
process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total Suspended Solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff—Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed—A land area from which water drains to a particular water body. The Orange County
Sanitation District's service area is in the Santa Ana River Watershed.