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HomeMy WebLinkAbout01-28-2015 Board Meeting Agenda Packet Orange County Sanitation District Wednesday, January 28, 2015 Regular Meeting of the 6:00 P.M. Board of Directors Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 0 (714) 593-7130 AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (Glenn Parker, City of Brea) DECLARATION OF QUORUM: ROLL CALL: 1. Receive and file Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows: City/AOencv Active Director Alternate Director Anaheim Lucille Kring Jordan Brandman Costa Mesa Sanitary District James Ferryman Robert Ooten Fountain Valley Steve Nagel Michael Vo Garden Grove Steve Jones Kris Beard Irvine Steven Choi Lynn Schott Irvine Ranch Water District John Withers Douglas Reinhart Newport Beach Keith Curry Scott Peotter Seal Beach Ellery Deaton Sandra Massa-Lavitt Stanton David Shawver Carol Warren Yorba Linda Water District Robert R. Kiley Michael J. Beverage PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form (located at the table outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. SPECIAL PRESENTATIONS: • Employee Service Awards • Commendations 0112&15 OCSD Board of Directors Agenda Page 1 of 5 REPORTS: The Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 2. Approve minutes for the Regular Board Meeting held on December 17, 2014. 3. Approve minutes for the Special Board Meeting held on January 14, 2015. 4. Approve Amendment No. 1 to the Professional Consultant Services Agreement with Brown & Caldwell to provide construction support services for Newport Force Main Rehabilitation, Project No. 5-60, for $251,610 increasing the total amount not to exceed $2,483,535. 5. A. Approve an increase in the budget for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, by $1,203,000 for a total project budget of$15,973,000; B. Approve a decrease in the budget for Site and Security Improvements at Plant No. 2, Project No. P2-96, by $1,203,000 for a total project budget of $252,000; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to Shimmick Construction for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, and Site and Security Improvements at Plant No. 2, Project No. P2-96, for a total amount not to exceed $9,716,000; and E. Approve a contingency of $485,800 (5%) for the combined projects Final Effluent Sampler and Building Area Upgrades, Project No. J-110, and Site and Security Improvements at Plant No. 2, Project No. P2-96. 01/2a/15 OCSD Board of Directors Agenda Page 2 of 5 STEERING COMMITTEE: 6. Approve minutes for the Steering Committee Meeting held on December 17, 2014. 7. Adopt Resolution No. OCSD 15-01, entitled, "A Resolution of the Board of Directors of Orange County Sanitation District Fixing and Establishing Rules of procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 10-06." 8. Approve the Orange County Sanitation District 2015 Legislative Plan. LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 9. Receive and file the minutes of the January 12, 2015 meeting of the Legislative and Public Affairs Special Committee. GWRS STEERING COMMITTEE: 10. Receive and file the minutes of the October 13, 2014 meeting of the GWRS Steering Committee. NON-CONSENT: 11. Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-02, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." 12. Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-03, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." AB 1234 REPORTS: 01128115 OCSD Board of Directors'Agenda Page 3 of 5 INFORMATION ITEMS: None. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property, (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. Convene in closed session. (1) CONFER WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Steve Filarsky, James Herberg, Robert Ghirelli, Jeff Reed, and Richard Spencer. Employee Organizations: 2 • International Union of Operating Engineers, Local 501; and • Orange County Employees Association (OCEA) (2) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)) Significant Exposure to Litigation pursuant to paragraph (2)of subdivision (d) of Section 54956.9. Number of Potential Cases: 1 Claim for Damage or Injury from Rush N. Hill, II (3) CONFERENCE WITH LEGAL COUNSEL RE ANTICPATED LITIGATION (Government Code Section 54956.9(d)(4)) Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 Number of Potential Cases: 1 Recovery of sales tax paid to the State Board of Equalization on the purchase of chemicals used to treat wastewater. 0112&15 OCSD Board of Directors Agenda Page 4 of 5 Reconvene in regular session. Consideration of action, if any, on matters considered in closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Adjourn the Board meeting until the next Regular Board Meeting on February 25, 2015, at 6:00 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Made E.Ayala Clerk of the Board (714)593-7130 mavalarglocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbera(g ocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(olocsd.com Director of Engineering Rob Thompson (714)593-7310 rthomosonaocsd.mm Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes(&ocsd.mm Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(pocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireed(cbocsd.cem Director of Operations&Maintenance Ed Tortes 714 593-7080 etorres ocsd.com 0112&15 OCSD Board of Directors Agenda Page 5 of 5 ITEM NO. 2 Orange County Sanitation District MINUTES BOARD MEETING December 17, 2014 SANITgTjQy c ? z c+ o � 90r � �J ��?• Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 12/17/2014 Minutes of Board Meeting Page 1 of 18 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on December 17, 2014, at 6:30 p.m., in the Administration Building. Director Lucille Kring delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Tom Beamish, Chair Rose Espinoza X John Nielsen, Vice-Chair Allan Bernstein X David Benavides Sal Tinajero X Steven Choi Christina Shea X Keith Curry VACANT X Tyler Diep Joy Neugebauer X James M. Ferryman Bob Ooten X Gene Hernandez VACANT X Steven Jones Kris Beard X Jim Katapodis Erik Peterson Peter Kim X Michele Steggell X Lucille Kring Jordan Brandman X Greg Mills Robert Collacott X Richard Murphy Shelley Hasselbrink X Steve Nagel Michael Vo VACANT— OC Board of Supervisors X Shawn Nelson A Glenn Parker Cecilia Hupp X Gregory Sebourn Jan Flory X David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy X Chad Wanke Constance Underhill X John Withers Douglas Reinhart X Mariellen Yarc Stacy Berry VACANT— Seal Beach VACANT STAFF MEMBERS PRESENT: Jim Herberg, General Manager, Bob Ghirelli, Assistant General Manager, Nick Arhontes, Director of Facilities Support Services; Rob Thompson, Director of Engineering; Jeff Reed, Director of Human Resources; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Maria Ayala, Clerk of the Board; Jennifer Cabral; Norbert Gaia; Al Garcia; Stephanie Good; Kelly Lore; Gerry Matthews; Andrew Nau; and Rich Spencer; Paula Zeller. 12/17/2014 Minutes of Board Meeting Page 2 of 18 OTHERS PRESENT: Brad Hogin (General Counsel), Robert Collacott (Alternate Director, Villa Park), Michael Levitt (former OCSD Director, Seal Beach), Prakash Narain (former OCSD Director, Cypress), Bob Ooten (Alternate Director, CMSD), Brad Reese (former OCSD Director, Villa Park), and Jim Ruth (Consultant). PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: • Commendations Chair Beamish acknowledged outgoing Directors: Michael Levitt (Seal Beach), Prakash Narain (Cypress), and Brad Reese (Villa Park). Each was presented with a commendation and thanked for their service to the District. Chair Beamish also announced those outgoing Directors that were not able to attend tonight's meeting: Joe Carchio (Huntington Beach), Brett Murdock (Brea), and Janet Nguyen (OC Board of Supervisors). REPORTS: Chair Beamish reported that he, along with other Board Members, attended the SARI Line Ribbon Cutting Ceremony on December 111". At this time, Chair Beamish addressed Agenda Item 1. The Clerk of the Board read the agencies that had been added since the agendas publication thereby amending the item. 1. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as AMENDED: City/Agencv Active Director Alternate Director Cypress Mariellen Yarc Stacy Berry La Habra Tom Beamish Rose Espinoza La Palma Peter Kim Michele Steggell Midway City Sanitary District Tyler Diep Joy Neugebauer Cities added: Brea Glenn Parker Cecilia Hupp Huntington Beach Jim Katapodis Erik Peterson Los Alamitos Richard Murphy Shelley Hasselbrink Placentia Chad Wanke Connie Underhill Tustin John Nielsen Allan Bernstein Villa Park Greg Mills Robert Collacott 12/17/2014 Minutes of Board Meeting Page 3 of 18 General Manager, Jim Herberg, gave a brief report from his Monthly Update. He also announced the District's Holiday Blankets that were provided for each Director at tonight's meeting. CONSENT CALENDAR: Clerk of the Board announced the corrections to Agenda Item 3: On Item #17 in the Minutes for November 19, 2014, Directors Kim and Nguyen are "No"Votes. 2. MOVED, SECONDED, AND DULY CARRIED TO: Approve the calendar of meeting dates for the 2015 calendar year for meetings of the Board of Directors and the following Committees: Administration, Legislative and Public Affairs, Operations, and Steering. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Parker 3. MOVED, SECONDED, AND DULY CARRIED TO: Approve CORRECTED minutes for the Regular Board Meeting held on November 19, 2014. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver, F. Smith; T. Smith; Steggell (Alternate); Withers; and Yarc NOES: None ABSTENTIONS: Katapodis and Wanke ABSENT: Parker 12/17/2014 Minutes of Board Meeting Page 4 of 18 4. MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file bid tabulation and recommendation; B. Award a construction contract to Pyramid Building & Engineering, Inc., Project No. FE14-01, for a total amount not to exceed $143,100; and C. Approve a contingency of$14,310 (10%). AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Parker 5. MOVED, SECONDED, AND DULY CARRIED TO: A. Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD-44, Article 1, Section 1.07B (Emergency Procurement) and Article 2, Section 2.03E (Critical Time-Sensitive Procurement), authorizing the General Manager to issue Purchase Order No. 105271-OA to Charles King Company for emergency standby bypass pumping services, for a total amount not to exceed $109,000 for a 6-month period beginning December 9, 2014; and B. Approve a contingency of$10,900 (10%) AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Parker 12/17/2014 Minutes of Board Meeting Page 5 of 18 6. MOVED, SECONDED, AND DULY CARRIED TO: Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD-44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section 1.07B (Emergency Procurement), authorizing the General Manager to issue an change order to the Purchase Order No. 105219-OB to Jamison Engineering Contractors in the amount of $17,500 for a total of $177,500 for Emergency Repair Services for Plant No. 1 Headworks Splitter Box. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Parker 7. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 14-18 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District commending the City of Yorba Linda for its service as an OCSD member agency from 1967 to 2014." AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Parker At this point of the meeting, Chair Beamish presented Director Hernandez (Yorba Linda) with Resolution OCSD 14-18 in recognition of the service the City of Yorba Linda has provided the District. Director Hernandez was also presented with a commendation, as this would be his last meeting as a member of the Board of Directors for the District. Chair Beamish introduced Robert Kiley from the Yorba Linda Water District (YLWD). Mr. Kiley is on the Board for YLWD. YLWD will be a member of the District's Board of Directors effective January 1st. 12/17/2014 Minutes of Board Meeting Page 6 of 18 Director Jones departed the meeting at 6:52 p.m. OPERATIONS COMMITTEE: 8. MOVED, SECONDED, AND DULY CARRIED TO: Approve CORRECTED Minutes of the N9verabeF 5 December 3, 2014, Operations Committee Meeting. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Withers; and Yarc NOES: None ABSTENTIONS: Katapodis and Wanke ABSENT: Jones and Parker 9. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve the Service Contract with Evoqua Water Technologies LLC, for Plant No. 2 Trickling Filters Carbon Change-Out [replacement] per Specification No. S-2014-627BD for the purchase of up to six (6) carbon media replacements (including carbon media, disposal, and installation), for a total amount not to exceed $450,474 for the period March 1, 2015 through February 29, 2016, with four(4) one-year renewal options; and B. Approve a contingency of$45,047 (10%). AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 12/17/2014 Minutes of Board Meeting Page 7 of 18 10. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Consultant Services Agreement with Atkins North America, Inc. for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, for an amount not to exceed $611,307; and B. Approve a contingency of$61,131 (10%). AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 11. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Consultant Services Agreement with Brown and Caldwell to provide construction support services for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, for an amount not to exceed $4,798,328; and B. Approve a contingency of$479,833 (10%). AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 12/17/2014 Minutes of Board Meeting Page 8 of 18 12. MOVED, SECONDED, AND DULY CARRIED TO: Approve Settlement Agreement with South Coast Air Quality Management District for Supplemental Environmental Project or, in the alternative, a stipulated penalty of$240,000. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 13. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a budget increase of $4,355,000 for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total budget amount of$62,892,000 $64,902,000' and B. Approve a contingency increase of $4,355,000 (13%) to the construction contract with JR Filanc Construction Company for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total contingency of $8,375,000 (25%). The correct amount of $64,902,000 was indicated on the recommendation in the actual agenda report and is the correct amount. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 12/17/2014 Minutes of Board Meeting Page 9 of 18 ADMINISTRATION COMMITTEE: Clerk of the Board announced the corrections to the Minutes for December 10, 2014, whereas Roll Call and all votes shall exclude Director Reese. 14. MOVED, SECONDED, AND DULY CARRIED TO: Approve CORRECTED Minutes of the Nevember12, December 10, 2014, Administration Committee Meeting. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Withers; and Yarc NOES: None ABSTENTIONS: Katapodis and Wanke ABSENT: Jones and Parker 15. MOVED, SECONDED, AND DULY CARRIED TO: A. Authorize an additional one-year renewal period to Service agreements with Project Partners, Inc. and Psomas for Enterprise Information Management On-Call Staffing, Specification No. S-2011-505BD, for a total amount not to exceed $211,000 for the renewal period; and B. Approve a contingency of$21,100 (10%). AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 12/17/2014 Minutes of Board Meeting Page 10 of 18 16. MOVED, SECONDED, AND DULY CARRIED TO: Authorize purchases of telecommunications services using the County of Orange cooperative agreement #N1000008297/MA-017-1001150 with TWTelecom/ Leve13, for one year commencing November 14, 2014 through November 13, 2015, for a total amount not to exceed $240,000 in accordance with Ordinance OCSD-44, Section 2.03(B) Cooperative Purchases. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 17. MOVED, SECONDED, AND DULY CARRIED TO: Authorize purchases of information technology computer, peripheral equipment and services using the U.S. General Services Agreement (GSA) IT Schedule 70 commencing December 227 2014 through December 31, 2019, for a total amount not to exceed $500,000, in accordance with Ordinance OCSD44, Section 2.03(B) Cooperative Purchases. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 18. MOVED, SECONDED, AND DULY CARRIED TO: Authorize purchases of information technology consulting services using the City of Richland, Washington cooperative agreement #13-068 with ShareSquared Inc. Commencing January 5, 2015 through June 30, 2016, for a total amount not to exceed $300,000, in accordance with Ordinance OCSD-44, Section 2.03(B) Cooperative Purchases. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc 12/17/2014 Minutes of Board Meeting Page 11 of 18 NOES: None ABSTENTIONS: None ABSENT: Jones and Parker 19. MOVED, SECONDED, AND DULY CARRIED TO: Items A-B: A. Adopt Resolution No. OCSD 14-19 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the execution and delivery by the District of an Installment Purchase Agreement, a Trust Agreement, an Escrow Agreement and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Wastewater Refunding Revenue Obligations, Series 2015A, authorizing the execution and delivery of such Revenue Obligations evidencing principal in an aggregate amount of not to exceed $150,000,000, approving a Notice of Intention to Sell, authorizing the distribution of an Official Notice Inviting Bids and an Official Statement in connection with the offering and sale of such Revenue Obligations and authorizing the execution of necessary documents and related actions;" and, B. That the Orange County Sanitation District Financing Corporation approve the documents supporting and authorizing the Revenue Obligations in an aggregate amount not to exceed $150,000,000. AYES: Beamish; Benavides; Choi; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver, F. Smith; T. Smith; Steggell (Alternate); Wanks; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker RECUSE: Curry 12/17/2014 Minutes of Board Meeting Page 12 of 18 20. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 14-20, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District, Authorizing the Orange County Sanitation District's Treasurer to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy Statement and Performance Benchmarks for calendar year 2015; and Repealing Resolution No. OCSD 14-10". AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker Chair Beamish recessed to the OCSD Financing Corporation Meeting at 6:56 p.m. 12/17/2014 Minutes of Board Meeting Page 13 of 18 ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION CALL TO ORDER: Chair Beamish called the Board of Directors, Orange County Sanitation District Financing Corporation meeting to order at 6:56 p.m. The Clerk of the Board read the following statement: The members of the Orange County Sanitation District Board of Directors are each being compensated$212.50 for the Board Meeting, there is no additional compensation for the Financing Corporation Meeting. ROLL CALL: The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Tom Beamish, Chair Rose Espinoza X John Nielsen, Vice-Chair Allan Bernstein X David Benavides Sal Tinajero X Steven Choi Christina Shea X Keith Curry VACANT X Tyler Diep Joy Neugebauer X James M. Ferryman Bob Ooten X Gene Hernandez VACANT A Steven Jones Kris Beard X Jim Katapodis Erik Peterson Peter Kim X Michele Steggell X Lucille Kring Jordan Brandman X Greg Mills Robert Collacott X Richard Murphy Shelley Hasselbrink X Steve Nagel Michael Vo VACANT— OC Board of Supervisors X Shawn Nelson X Glenn Parker Cecilia Hupp X Gregory Sebourn Jan Flory X David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy X Chad Wanke Constance Underhill X John Withers Douglas Reinhart X Mariellen Yarc Stacy Berry VACANT— Seal Beach VACANT 12/17/2014 Minutes of Board Meeting Page 14 of 18 APPROVAL OF MINUTES: 1. MOVED, SECONDED, AND DULY CARRIED TO: the minutes for the meeting held on September 24, 2014, will be deemed approved and be so ordered by the Chair. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver, F. Smith; T. Smith; Steggell (Alternate); Withers; and Yarc NOES: None ABSTENTIONS: Katapodis and Wanke ABSENT: Jones and Parker ACTION ITEM: Director of Finance and Administrative Services, Lorenzo Tyner, gave a brief report on Agenda Item No. 2. 2. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. FC-23, "A Resolution Of The Board Of Directors Of The Orange County Sanitation District Financing Corporation Authorizing The Execution And Delivery By The Corporation Of An Installment Purchase Agreement And A Trust Agreement In Connection With The Execution And Delivery Of Orange County Sanitation District Wastewater Refunding Revenue Obligations, Series 2015a, Authorizing The Execution And Delivery Of Such Revenue Obligations Evidencing Principal In An Aggregate Amount Of Not To Exceed $150,000,000 And Authorizing The Execution Of Necessary Documents And Related Actions". (See Agenda Report for Item No.19) AYES: Beamish; Benavides; Choi; Diep; Ferryman; Hernandez; Katapodis; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Wanks; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Parker RECUSE: Curry 12/17/2014 Minutes of Board Meeting Page 15 of 18 ADJOURNMENT: The Chair declared the meeting of the Board of Directors, Orange County Sanitation District Financing Corporation adjourned at 6:59 p.m. The Orange County Sanitation District Board of Directors Meeting was reconvened at 6:59 p.m. STEERING COMMITTEE: Clerk of the Board, announced the corrections to the Minutes as follows: John Withers, Administration Committee Chair; and Scott Nelson, Operations Committee Chair. 21. MOVED, SECONDED AND DULY CARRIED TO: Approve CORRECTED minutes for the Steering Committee Meeting held on November 19, 2014. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Withers; and Yarc NOES: None ABSTENTIONS: Katapodis and Wanke ABSENT: Jones and Parker 22. MOVED, SECONDED AND DULY CARRIED TO: A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2014-634BD, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $5,000 per month and not to exceed $60,000 per year, with three one-year renewal options. B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2014-63313D, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $7,500 per month and not to exceed of $90,000 per year, with three one- year renewal options. AYES: Beamish; Benavides; Choi; Curry; Ferryman; Hernandez; Katapodis; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Seboum; F. Smith; Steggell (Alternate); Wanke; Withers; and Yarc 12/17/2014 Minutes of Board Meeting Page 16 of 18 NOES: None ABSTENTIONS: Diep; Kring; Shawver; and T. Smith (all four Directors abstain on Item 22 "A" only.) ABSENT: Jones and Parker LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 23. MOVED, SECONDED AND DULY CARRIED TO: Receive and file the minutes of the December 8, 2014 meeting of the Legislative and Public Affairs Special Committee. AYES: Beamish; Benavides; Choi; Curry; Diep; Ferryman; Hernandez; Kring; Mills; Murphy; Nagel; Nelson (Alternate); Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Steggell (Alternate); Withers; and Yarc NOES: None ABSTENTIONS: Katapodis and Wanke ABSENT: Jones and Parker AB1234 REPORTS: Director Ferryman reported that the committees he currently serves on (representing OCSD) were dark for this month. He reported that he did attend the SARI Line Ribbon Cutting Ceremony. INFORMATION ITEMS: None. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54957.6 The Board convened in closed session at 7:01 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 7:35 p.m. 12/17/2014 Minutes of Board Meeting Page 17 of 18 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Beamish announced the change to the Board Meeting start times commencing in January. Steering Committee meetings will begin at 5 p.m. and Board Meetings will begin at 6 p.m. Director Murphy shared concerns over the District's workforce planning and requested a staff report at the January meeting. Chair Beamish wished everybody happy holidays. ADJOURNMENT: The Chair adjourned the meeting at 7:40 p.m. until the Regular Board Meeting on January 28, 2015 at 6:30 p.m. Maria E. Ayala Clerk of the Board 12/17/2014 Minutes of Board Meeting Page 18 of 18 ITEM NO. 3 Orange County Sanitation District MINUTES SPECIAL BOARD MEETING January 14, 2015 SANITgTjQy c ? z c+ o � 90r � �J ��?• HE ENv���� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 0 111 412 01 5 Minutes of Board Meeting Page 1 of 3 ROLL CALL A Special meeting of the Board of Directors of the Orange County Sanitation District was held on January 14, 2015, at 3:00 p.m., in the Administration Building. Chair Beamish led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Tom Beamish, Chair Rose Espinoza X John Nielsen, Vice-Chair Allan Bernstein David Benavides Sal Tinajero Steven Choi X Lynn Schott X Keith Curry Scott Peotter Ellery Deaton Sandra Massa-Levitt Tyler Diep X Joy Neugebauer X James M. Ferryman X Bob Ooten Steven Jones Kris Beard Jim Katapodis Erik Peterson X Robert Kiley X Michael Beverage X Peter Kim Michele Steggell X Lucille Kring Jordan Brandman X Greg Mills Robert Collacott X Richard Murphy Shelley Hasselbrink Steve Nagel Michael Vo VACANT— OC Board of Supervisors Shawn Nelson Glenn Parker Cecilia Hupp X Gregory Sebourn Jan Flory X David Shawver Carol Warren X Fred Smith Steve Berry Teresa Smith Mark Murphy X Chad Wanke Constance Underhill John Withers Douglas Reinhart Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Nick Arhontes, Director of Facilities Support Services; Rob Thompson, Director of Engineering; Jeff Reed, Director of Human Resources; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Maria Ayala, Clerk of the Board; Janine Aguilar; Jennifer Cabral; Barbara Collins; Norbert Gaia; Al Garcia; Stephanie Good; Rebecca Long; Kelly Lore; Laura Maravilla; Gerry Matthews; Kathy Millea; Andrew Nau; Kelly Newell and Rich Spencer. 01/14/2015 Minutes of Board Meeting Page 2 of 3 OTHERS PRESENT: Brad Hogin (General Counsel). PUBLIC COMMENTS: None. Board Member Orientation began with the following PowerPoint presentations and presenters. WELCOME & OPENING REMARKS Jim Herberg, General Manager BOARD MEMBER ROLES & RESPONSIBILITIES Tom Beamish, Chair BOARD SERVICES OVERVIEW Maria Ayala, Clerk of the Board BROWN ACT, CONFLICT OF INTEREST Brad Hogin, General Counsel AND RULES OF ORDER OCSD HISTORY AND FUTURE Jim Herberg, General Manager& Bob Ghirelli, Asst. General Manager DISTRICT OPERATIONS Ed Torres, Director of Operations & Maintenance Nick Arhontes, Director of Facility Support Services OCSD FINANCES Lorenzo Tyner, Director of Finance & Administrative Services WORKFORCE PLANNING Jeff Reed, Director of Human Resources CONCLUSION Q & A: Mr. Herberg answered questions from the Directors. ADJOURNMENT: At 5:30 p.m. Chair Beamish adjourned the Special Board meeting until the Regular Board Meeting on January 28, 2015, at 6:00 p.m. Maria E. Ayala Clerk of the Board 01/14/2015 Minutes of Board Meeting Page 3 of 3 BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir. of/zs/is AGENDA REPORT em Number Item Numbe a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: NEWPORT FORCE MAIN REHABILITATION, PROJECT NO. 5-60 GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 1 to the Professional Consultant Services Agreement with Brown & Caldwell to provide construction support services for Newport Force Main Rehabilitation, Project No. 5-60, for $251,610 increasing the total amount not to exceed $2,483,535. SUMMARY The Orange County Sanitation District (Sanitation District) experienced a break in its West Lido Force Main in November 2014. The break is adjacent to existing project work being performed by Project No. 5-60, Newport Force Main Rehabilitation. The related nature of the work, urgency of the repair, and proximity of the work led staff to recommend that the 5-60 engineer and contractor be used to repair/refurbish the Lido Force Mains not already in the project Scope of Work. The purpose of this project is to rehabilitate the Newport Force Main system located on Pacific Coast Highway in Newport Beach between the Bitter Point Pump Station and Dover Drive. The West Lido Force Main and East Lido Force Main are part of the Newport Beach Force Main System as noted in the 2006 Collection System Improvement Plan Program Environmental Impact Report, but were not part of the Scope of Work for the 5-60 Newport Force Main Rehabilitation project. On November 1, 2014, a break in the West Lido Force Main was reported just south of the Newport Channel. The West Lido Force Main was immediately taken out of service (placed off-line). The Lido Pump Station is currently conveying flow solely through the existing East Lido Force Main into the Newport Force Main system via the recently constructed pipe and tunnel beneath Pacific Coast Highway. Due to the connection configuration and the remaining construction work on the 5-60 Newport Force Main Rehabilitation Project, the West Lido Force Main requires repair by September 2015. Brown & Caldwell furnished engineering services for the design of Project No. 5-60, and is currently providing engineering support services during construction. The Sanitation District's Lido Pump Station conveys wastewater from the Newport Beach peninsula through two Lido Force Mains to the Newport Force Main System currently in the construction phase in Project No. 5-60. Page 1 of 3 This Amendment will authorize Brown & Caldwell to design the pipe repair/rehabilitation, hydraulic modeling to verify capacity with the proposed repair, oversee subcontractors for land surveying, geotechnical assessment, traffic control design, and utility location for rehabilitation of both the East and West Lido Force Mains. PRIOR COMMITTEE/BOARD ACTIONS April 2014 — Approved a Professional Consultant Services Agreement with Brown & Caldwell for engineering services for Newport Force Main Rehabilitation, Project No. 5-60, for an amount not to exceed $2,231,925; and, approved a contingency of $178,554 (8%). ADDITIONAL INFORMATION The West Lido Force Main was installed in 1986 and consists of approximately 900 linear feet of ductile iron pipe (DIP) and polyethylene pipe (PE). Approximately 300 linear feet of the total 900 linear feet installed under the Newport Channel is PE. While this pipe has been placed off-line, the Sanitation District had the pipe cleaned and inspected by camera. The PE pipe under the channel appears to be intact. The DIP portion has significant corrosion. The East Lido Force Main was installed in 1999 and consists of approximately 800 linear feet of lined and coated DIP based on as-built drawings. Approximately 500 linear feet of pipe is installed above ground along retaining walls and the Newport Boulevard Bridge deck. The remainder of the pipeline is installed underground. A preliminary assessment shows exterior corrosion. Since the pipe is in service, the interior is not able to be inspected. CEQA The Newport Beach Force Main System including Newport Force Main Rehabilitation, Project No. 5-60, is within the scope of the Program Environmental Impact Report (PEIR) for the Collection System Improvement Plan, SCH# 2006101018, certified in June 2007. Pursuant to CEQA Guidelines section 15168(c)(4), the Sanitation District prepared an addendum to the PEIR to cover sections that needed further analysis; air quality and greenhouse gas emissions which was not included in the original PEIR. The Board adopted Addendum No. 2 to the Collections PEIR on March 26, 2014. After reviewing the facts and analyzing the circumstances, staff has determined that these issue areas are not substantial changes since the certification of the Final PEIR for the Collection System Improvement Plan. Page 2 of 3 BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (FY2014-15 & 2015-16, Section 8, Page 36) and the budget is sufficient for the recommended action. Date of Augroyal Contract Amount contingency 04/23/14 $2,231,925 $178,554 (8%) 01/28/15 $2,483,535 $178,554 (7.2%) ATTACHMENT The following attachment(s) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the complete agenda package: Professional Consultant Services Agreement Amendment No. 1 RT:CD:dm:gc Page 3 of 3 Return to Mende Report AMENDMENT NO. 1 TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered into to be effective the 28th day January, 2015, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and Brown & Caldwell, of Los Angeles, for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT and CONSULTANT have previously executed an Agreement dated April 23, 2014, for professional consulting services for Project 5-60, Newport Force Main Rehabilitation; and, WHEREAS, the SANITATION DISTRICT has determined that additional engineering services will authorize Brown & Caldwell to design the pipe repair/rehabilitation, hydraulic modeling to verify capacity with the proposed repair, oversee sub-contractors for land surveying, geotechnical assessment, traffic control design, and utility location for rehabilitation of both the East and West Lido FMs; and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these additional requirements based on its demonstrated competence and has agreed to provide the necessary engineering services, and has been selected in accordance with the SANITATION DISTRICT selection policy regarding professional consultant services; and, WHEREAS, the SANITATION DISTRICT acting through its Director of Engineering has negotiated with CONSULTANT, and has certified the final negotiated fee for said services as reasonable, and, 1 WHEREAS, the General Manager has accepted the recommendation of the Director of Engineering, pursuant to the current Ordinance, has approved this Amendment No. 1 between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Amendment No. 1, it is mutually agreed as follows: 1. CONSULTANT agrees to provide engineering services as outlined in Consultant's letter dated January 16, 2015, designated as Exhibit "A", attached hereto and by this reference made a part of this Amendment No. 1 to Agreement. 2. Article 2 of that certain Agreement dated April 23, 2014, between the SANITATION DISTRICT and CONSULTANT is hereby amended to increase the total compensation by$251,610 from $2,231,925 to an amount not to exceed $2,483,535, all in accordance with the same terms and conditions as otherwise specified in Article 3 and the other provisions of said Agreement. 3. The additional compensation authorized hereby and sums paid by the SANITATION DISTRICT to CONSULTANT pursuant hereto shall be based upon and allocated as follows: 2 Current Contract Amount Change per Amended (includes Amendments)' Amendment No. 1 Agreement Consultant- B&C Burdened labor(r Labor+hinge@38.71%) $ 663,503 $ 75,652 $ 739,155 Overhead at 112.32% $ 745,247 $ 84,973 $ 830,220 Fixed Profit at 7.425% $ 104,600 $ 11,926 $ 116,526 Direct Cost, NTE $ 12,485 $ 1,000 $ 13,485 SUBTOTAL $ 1,525,835 $ 173,551 $ 1,699,386 Subconsultant A- Hatch Mott McDonald Burdened labor(mwiabor0ringe@50.19%) $ 105,184 $ - $ 105,184 Overhead at 155% $ 163,035 $ $ 163,035 Fixed Profit at 9.9595% $ 26,713 $ - $ 26,713 Direct Cost, NTE $ 65,300 $ $ 65,300 SUBTOTAL $ 360,232 $ $ 360,232 Subconsultant B-Traffic Control Eng. Burdened labor(awiabor+fringe@45%) $ 52,558 $ 7,188 $ 59,746 Overhead at 153% $ 80,414 $ 10,997 $ 91,411 Fixed Profit at 10% $ 13,297 $ 1,818 $ 15,115 Direct Cost, NTE $ 1,250 $ - $ 1,250 SUBTOTAL $ 147,519 $ 20,003 $ 167,522 Subconsultant under 100K fees NTE Sub C-Shannon &Wilson $ 96,285 $ - $ 96,285 SubD-JasonConsultants $ 47,200 $ - $ 47,200 Sub E - Kleinfelder $ 54,854 $ 20,741 $ 75,595 Sub F - KDMM $ - $ 16,725 $ 16,725 Sub G - Cardno $ $ 15,590 $ 15,590 Sub H - Scheidegger&Assoc. $ $ 5,000 $ 5,000 SUBTOTAL $ 198,339 $ 58,056 $ 256,395 Total Not To Exceed $ 2,231,925 $ 251,610 $ 2,483,535 4. The SANITATION DISTRICT agrees to pay CONSULTANT on a monthly basis pursuant to invoices submitted to the SANITATION DISTRICT from CONSULTANT and as approved by the SANITATION DISTRICT's Director of Engineering. 5. This modifying Amendment is supplemental to the Agreement dated April 23, 2014, and is by reference made a part of said Agreement. All of the terms, conditions, and provisions thereof, unless specifically modified herein, shall continue in full force and effect. 6. In the event of any conflict or inconsistency between the provisions of this Amendment and any of the provisions of the original Agreement shall in all respects govern and control. 3 IN WITNESS WHEREOF, this Amendment No. 1 to Agreement has been executed in the name of the SANITATION DISTRICT by its officers thereunto duly authorized and executed by CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Tom Beamish Date Chairman of the Board By Maria Ayala Date Clerk of the Board BROWN & CALDWELL By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager CD:dm 4 Exhibit"A" 18200 Von Korman Avenue,Suite 400 Irvine,CA 92612 Return to Absorb Report T:714-689-4800 F:714-734-0940 January 16, 2015 Ms.Carla Dillon, PE Brown AND Orange County Sanitation District Caldwell 10844 Ellis Avenue Fountain Valley, California 92708 Subject: Newport Force Main Rehabilitation, Project No. 5-60 Fee Proposal for Professional Consulting Services West/East Lido Force Main Rehabilitation Dear Ms. Dillon: Brown and Caldwell (BC) is pleased to submitthis letterfee proposal for additional Professional Consulting Services for the Orange County Sanitation District's (OCSD's) 5-60 Project. This fee proposal is in response to a review meeting held on January 12, 2015 to discuss the Request for Proposal titled "Newport Force Main Rehabilitation, Project No. 5-60, Re: Request for Fee Proposal for Amendment No. 1 to Professional Consultant Services Agreement" dated December 22, 2014. Based on discussion from the review meeting,the revised scope generally includes the following: • Phase 2 Preliminary Design: CIPP Feasibility Technical Memorandum (includes both West and East Lido Force Mains) • Phase 3 Final Design: DS3 and FDS for CIPP Rehabilitation (includes both West and East Lido Force Mains) The revised scope of work is included in Attachment A. BC's total fee is$173,551 and our subconsultants'fee subtotal is$78,059 for a total fee estimate of$251,610. The estimated breakdown of the total fee by Phase is as follows: Preliminary Design Bmwnand Caldwell $76,527 $97,024 $173,551 (Pdme) KDM Meddian $16,725 - $16,725 (Land Surveying) Scheidegger&Associates $5,000 - $5,000 (Geotechnlcal) Traf0c control Engiineedng - $20,003 $20,003 (rrafScControl) KleiMelder - $20,741 $20,741 (Geotechnlcal) Canino - $15,590 $15,590 (Potholing Utility Location) Totals- $98,252 $153,358 $251,610 *This table includes the estimated breakdown of BC labor,0DQf,and subs by Phase. 5 60loss tee letter 01 I6 15 rvv0 docx Ms.Carla Dillon Orange County Sanitation District January 16, 2015 Page 2 The proposed schedule included in Attachment D assumes District GM approval on January 20, 2015 and notice to proceed on January 26, 2015. The schedule was developed with input from the 5-60 Contractor to coordinate lining of the West Lido 24" siphon with the 5-60 contract work near the bike trail near the southbound PCH to Newport Blvd off ramp(CIPP Pit#28) by late April 2015. However, in order to meet this deadline,the final design must start and be performed concurrently with the CIPP Feasibility Technical Memorandum. The proposed schedule reflects final design to be completed by late April 2015. This letter fee proposal includes the following attachments: 1. Attachment A- Revised Scope of Work(Revised 01/14/15) 2. Attachment B - Approach to Scope of Work and Assumptions 3. Attachment C- Labor Hour/Cost Matrix and Fee Proposal Form 4. Attachment D - Proposed Project Schedule We look forward to working with OCSD on this important and exciting project. If you have any questions or comments, please feel free to contact me at(310)795-6307. Very truly yours, Brown ,�Ja�,ndd�C�,alldw�•�ell A5 1� 142 Melissa Ingalsbe, PE, PMP Project Manager CB:MI:re Attachments(4) Limitations: The Information contained in this proposal is proprietary and contains confidential information that Is of significant economic value to Brown and Caldwell. It is Intended to he used onty for evaluation of our qualifications to provide services. it should not be duplicated,used,ordlsclosed,in whole or In part,mrany purpose other than to evaluate this proposal. 5 60lease tee letter 01 36 15 reM.dovs Return to Aaeoda Report Newport Force Main Rehabilitation,Project No.5-60 Fee Proposal for Professional Consulting Services West/East Lido Force Main Rehabilitation Attachment A: Revised Scope of Work (Revised 01/14/15) Brown>�=Caldwell A ATTACHMENT "A" SCOPE OF WORK (Revised 01114115) Return to Aaenda Report ATTACHMENT "A" SCOPE OF WORK PROJECT NO. 5-60 WEST/EAST LIDO FORCE MAIN REHABILITATION TABLE OF CONTENTS I. SUMMARY....................................................................................................................................1 II. GENERAL PROJECT DESCRIPTION AND PROJECT ELEMENTS...........................................................1 III. PROJECTSCHEDULE.......................................................................................................................3 IV. PROJECT IMPLEMENTATION..........................................................................................................3 PHASE 1—PROJECT DEVELOPMENT(NOT USED) ...........................................................................3 PHASE 2—PRELIMINARY DESIGN..................................................................................................3 Task 2.1 CIPP Feasibility Technical Memorandum ............................................................................3 Task 2.1.1 Verify Hydraulic Capacity.................................................................................................3 Task 2.1.2 Work Sequence and Implementation..............................................................................4 Task 2.1.3 Environmental Requirements..........................................................................................4 Task 2.1.4 Existing Facilities Research..............................................................................................4 Task 2.1.5 Plan and Profile Base Maps..............................................................................................5 Task 2.1.6 Draft and Final TM...........................................................................................................5 GENERAL DESIGN SERVICES..........................................................................................................6 Task 2.2 Project Management...........................................................................................................6 Task 2.3 Workshops and Meetings....................................................................................................6 Task2.4 Quality Control.....................................................................................................................6 PHASE 3-FINAL DESIGN................................................................................................................7 Task 3.1 Design Submittal 1(DSl)—(Not Used)................................................................................7 Task 3.2 Design Submittal (DS2)—(Not Used)................................................................................7 Task 3.3 Design Submittal (DS3).....................................................................................................7 Task 3.4 Final Design Submittal (FDS)................................................................................................9 Task3.5 Specifications.....................................................................................................................10 Task 3.6 Field Change Order Negotiation Support..........................................................................10 GENERAL DESIGN SERVICES........................................................................................................10 Task 3.7 Project Management.........................................................................................................11 Task 3.8 Workshops and Meetings..................................................................................................11 Task3.9 Quality Control...................................................................................................................11 Task3.30 Management of Subconsultants......................................................................................12 Task 3.11 Coordination with other Projects....................................................................................12 Task3.12 Permitting Support..........................................................................................................12 PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES(NOT USED)........................................13 PHASE 5—COMMISSIONING SERVICES(NOT USED)..................................................................... 13 PHASE 6—CLOSEOUT(NOT USED).............................................................................................. 13 Return to Aaenda Report I. SUMMARY Provide professional engineering services for preparation of a cured in place pipe (CIPP) Feasibility Technical Memorandum (TM) and CIPP final design for the project described herein. II. GENERAL PROJECT DESCRIPTION AND PROJECT ELEMENTS This work includes preparing a CIPP Feasibility TM and CIPP final design for rehabilitation of the West and East Lido Force Mains (FMs). On November 1, 2014, a break in the existing West Lido FM occurred just south of the Newport Channel. Subsequently, the West Lido FM was immediately taken out of service (placed off line). Currently, the Lido Pump Station is conveying flow solely through the existing East Lido FM into the 5-60 Newport Force Main system via the recently constructed pipe and tunnel beneath Pacific Coast Highway. Since the West Lido FM is currently out of service, rehabilitation is required for the West Lido FM. The West Lido FM must be commissioned and placed back in service and connected to the south barrel of the Newport Force Main system by the date provided in Part III, Project Schedule, or sooner if possible. This work is critical to the progress of the ongoing 5-60 construction work and must be coordinated with Project 5-60. Once the West Lido FM is rehabilitated and commissioned back into service, the East Lido FM shall then be taken off line and rehabilitated. The existing Lido FM system consists of two parallel, interconnected pipelines. The Lido FM includes five valves (C-00563 and C-00566 through C-00569) located just north of Lido Pump Station (north of the intersection of Short Street and Newport Boulevard. A brief description of each FM provided below: • The West Lido FM was installed in 1986 and consists of approximately 900 linear feet of 24-inch diameter ductile iron pipe (DIP)and polyethylene pipe (PE). Recent cleaning and closed circuit television (CCTV) inspections performed by District contractors confirmed the approximately 300 linear feet of PE pipe material under the Newport Channel is in good condition. • The East Lido FM was installed in 1999 and consists of approximately 800 linear feet of 16-inch and 20-inch diameter lined and coated Class 53 DIP based on as built drawings. Approximately 500 linear feet of pipe is installed above ground along retaining walls and the Newport Boulevard Bridge deck. The remainder of the pipeline is installed underground. Recent limited ultrasonic testing (UT) performed by OCSD's Corrosion Group (Div. 740) on some of the above ground portions of the pipe indicate the pipe is in good condition with adequate pipe thickness remaining in the pipe. Based on the recent inspection and testing data on the West and East Lido FMs and high level preliminary screening of rehabilitation and replacement technologies, it was agreed that CIPP was the most feasible option to rehabilitate the Lido FM system with some open cut required for pipe tie-ins and valve removals, consistent with work being performed under Project 5-60. SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 1 The work is comprised of the following Project Elements: Project Element 1: Rehabilitation/Replacement of approximately 600 linear feet of 24- inch DIP existing West Lido Force Main north and south of the Newport Channel. North limit is the 5-60 termination point and the south limit is just south of the Lido Pump Station valve complex located north of Short Street, excluding Project Element 2. OCSD contracted forces recently drained, cleaned and inspected the West Lido FM via closed circuit television (CCTV)video to understand the extent of the degradation of the pipe. The break in the ductile iron pipe (DIP) pipeline was located on the south side of the Newport Channel. The pipe condition at the break in the ductile iron pipe (DIP) pipeline was severely corroded with very little pipe thickness remaining at the crown. This portion of the DIP requires immediate rehabilitation/replacement. No additional forensic or condition assessment work is required for this project element. Project Element 2: Rehabilitation/Replacement of approximately 300 linear feet of 24- inch PE existing West Lido Force Main installed under the Newport Channel The length of the pipeline underneath the Newport Channel is approximate 300 linear feet. OCSD cleaned and inspected this portion of the pipe and confirmed its material was PE. This pipe was reported to be in good condition based on visual CCTV. There are access points at the break point and on the other side of the channel near the termination of the 5-60 work. No additional forensic or condition assessment work is required for this project element. Project Element 3: Rehabilitation/Replacement of approximately 800 linear feet 20-inch DIP of existing East Lido Force Main installed underground and suspended below the Newport Boulevard Bridge deck The existing East Lido FM shall remain in operation until the West Lido FM is rehabilitated and placed back in service. The design effort for both force mains shall proceed simultaneously. OCSD Corrosion Group (Div. 740) perfumed limited ultra sonic(UT)testing on portions of the exposed East Lido FM pipe. Results indicate the pipe is in good condition. However, OCSD has noted minor exterior corrosion missing nuts and bolts on the pipeline suspended from the Newport Boulevard Bridge. No additional forensic or condition assessment work is required for this project element. This scope of work was developed based on the following assumptions: • The CIPP lining work described herein shall be performed as an amendment to the existing contract for Project 5-60 Construction Support Services. • The construction work for the CIPP lining will be performed by the 5-60 Contractor under the existing construction contract as a field change order(FCO). Therefore, front end (Contract Agreement, General Conditions, Special Provisions, and General Requirements) portions of the 5-60 Construction Documents are still applicable. New front end documents will not be required. SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 2 Return to Aaenda Report III. PROJECT SCHEDULE This project is schedule driven in order to rehabilitate and place the West Lido FM back on line as soon as possible. This means that the permitting, coordination, engineering, preliminary design, and final design for the West Lido FM work shall be completed in order to negotiate with the Project 5-60 contractor to perform the West Lido work during Summer 2015, if not earlier. Monitoring and updating of the project task schedule will be performed using Microsoft MS Project. The Consultant shall develop and implement a Project Management Plan and schedule and provide coordination and management services that enables the work to be completed as stipulated. IV. PROJECT IMPLEMENTATION PHASE 1 —PROJECT DEVELOPMENT(NOT USED) PHASE 2—PRELIMINARY DESIGN Preliminary Design includes preparation of a CIPP Feasibility TM and General Design Services. Consultant shall develop man-hour and cost estimates for the task in each of these elements and include them in the Project Budget Breakdown. Task 2.1 CIPP Feasibility Technical Memorandum The Consultant shall validate the selection of CIPP technology to rehabilitate the West and East Lido FMs. In order to expedite the preliminary design phase, a single CIPP Feasibility TM shall be prepared and submitted to the District. The District's intention is for the TM is to conclude whether or not CIPP lining for both force mains is feasible and the preferred alternative. The TM shall include well-defined and established information to be discussed with the Contractor. After discussion with the Contractor, the CIPP lining of both the West and East Lido FMs shall proceed to final design. The CIPP Feasibility TM shall include the following described in the subsections below. Task 2.1.1 Verify Hydraulic Capacity The Consultant shall verify the hydraulic impacts to the existing force main system after CIPP rehabilitation. Consultant shall utilize the District's hydraulic model for this work. It is assumed that the District model accurately reflects the collection system, and does not require update or calibration prior to running simulations of the CIPP rehabilitation. The Consultant shall perform 3 hydraulic modeling runs for each FM (total of 6 hydraulic model simulations) in support of this work as follows: • One simulation for each FM of existing condition based on Master Plan conditions (2 total) • Two simulations for each FM barrel for CIPP rehabilitation alternatives (4 total) proving that each barrel can pump required capacity in solo configuration (independent). The Consultant shall verify what proposed barrel diameters and liner thicknesses will work to maintain hydraulic capacity to convey peak wet weather flow (fully structural vs. semi structural liners). Consultant shall engage CIPP manufacturers and contractors to determine the most SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 3 suitable CIPP materials, liner thickness, installation methods, life expectance of rehabilitation and their suitability to this project's piping and working environment. Task 2.1.2 Work Sequence and Implementation The Consultant shall evaluate CIPP work sequencing and implementation for the lining operations. The work sequencing and implementation shall include coordination with the Contractor's ongoing 5-60 construction work. The CIPP work sequence and implementation shall include, but not limited to, the following: • Preliminary CIPP and tie-in pit surface area disturbance impacts (i.e., footprint of disturbance; total number of disturbance areas; and their relative distance from each other). • Community impacts on the neighborhood, residential and businesses (noise and odor, etc.)and mitigation measures associated with CIPP lining operations. • Traffic control concept impacts including pedestrian and bicycle lane use and impacts. • Pavement/Other Landscape and Hardscape requirements and restoration. • Preliminary isolation plan including the eventual removal of five valves (C-00563 and C- 00566 through C-00569) located just north of Lido Pump Station (north of the intersection of Short Street and Newport Boulevard. The isolation plan shall detail the District Safety and Lock Out Tag Out(LOTO) procedures for isolating the each FM during CIPP lining operations. The preliminary isolation plan shall consider coordination with District O&M staff. This plan shall include provisions to maintain service, flow bypassing, and flow isolation. • Coordination with other District and City of Newport Beach projects. • Identifying permitting requirements and lead time procurement for Caltrans and City of Newport Beach. Task 2.1.3 Environmental Requirements The Consultant shall review the Environmental Impact Report to determine if the work can be performed under Notice of Exemption under Project 5-60 Coastal Development Permit and no additional CEQA documents are required. The Consultant shall determine if this assumption is valid. Supplemented or amended Environmental Impact Report and additional Coastal Commission permits are not included in the work. Task 2.1.4 Existing Facilities Research The Consultant shall research existing District, City, Caltrans, geotechnical and hazardous material databases and record drawings. The Consultant shall conduct field research to confirm the existence of pipelines, utilities, underground and above ground structures, facilities, access structures as well as all other existing structures identified in the record drawings and visible above ground. The research of existing drawings and records shall be Quality Level D shall be in accordance with American Society of Civil Engineers (ASCE)guidelines. Consultant shall verify the force main alignments by investigations described below. SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 4 Return to Aaerda Report Consultant shall perform a search of all utilities impacted by the work for the Project Elements, regardless of size and other facilities above or below ground. Utilities include company-owned and private and public agency-owned piping, duct banks, and other interferences. The search shall include utilities within the public right-of-way, and those located on private property and District property impacted by the Work. The District's "As-built/Record" plans may be incomplete or inaccurate with respect to the routing of individual utilities, pipelines, etc. owned by others in the vicinity of the project. Consultant shall check the District's records against those of the other agencies, companies and utilities. These may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines; traffic control facilities, telephone and electrical conduit and duct banks, storm drains, manholes, and other structures. Consultant shall contact, in writing, all jurisdictional agencies and utilities owners to inform them of the District's project. Consultant shall request plans showing any of the agency's or utility's facilities, pipelines, etc. in the project area. Consultant shall also request plans and schedules for any abandoned facilities and proposed construction in the project areas. Consultant shall document the contacts and information requested and received, including that from Underground Service Alert(USA)or other applicable service. Consultant shall provide copies of all documentation to the District with an itemized utility contact log which documents all communications between the agencies and Consultant. Meeting notes or telephone logs will be documented for all such communication. Upon completion of the DS3 (90 percent plans), the Consultant shall contact and send outside agencies a set of DS3 plans and request agency review to ensure their facilities are shown correctly. All utilities shall be plotted both in plan and profile on a scaled drawing that can later be incorporated into scaled (1°=40')for the project, 1" = 80' half-size interim working drawings. Task 2.1.5 Plan and Profile Base Maps Upon completion of the design field surveying and facility research, Consultant shall prepare plan and profile drawings for the existing West and East Lido Force Mains. The plan and profile drawings will be utilized to serve as the base maps for the Final Design submittals. The drawings shall be prepared in accordance with District Design Guidelines, including the CAD standards at the scales defined above. Task 2.1.6 Draft and Final TM The Consultant shall submit a Draft TM to the District for review. A workshop shall be held to present and discuss the TM. District comments and decisions on the Draft CIPP Feasibility TM shall be incorporated into the final TM. Written comments provided by the District during meetings and workshops shall be incorporated into the final TM, as applicable. The Consultant shall submit the following deliverables: 1. Draft TM—one electronic pdf file and five (5) hard copies 2. Final TM -one electronic pdf file and five (5) hard copies SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 5 GENERAL DESIGN SERVICES General Design Services includes tasks that will be performed by the Consultant throughout the project. These tasks are included in a separate section of the Scope of Work to facilitate tracking of man-hours and fees by both the Consultant and District. These services include: project management, workshops and meetings, and quality control. Task 2.2 Project Management Consultant shall continue project management tasks currently being performed under 5-60. Management tasks will include: General Management, Work Breakdown Structure (WBS), Monthly Progress Reports, Project Invoices, and update of Project Schedule. Task 2.3 Workshops and Meetings Consultant shall hold meetings and workshops throughout the project to keep the District informed of the progress, review work-in-progress, share information, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by District staff. It should be noted that time is of the essence to rehabilitate the West Lido FM and place back into service as soon as possible (See requirements for schedule in Part III, Project Schedule). Consultant shall prepare and submit an agenda to the District (hard copy and e-mail)for review prior to each meeting or workshop. The agenda package shall include a copy of the formal agenda and applicable review materials such as draft design criteria, design memoranda, associated drawings and specifications, to support meeting or workshop goals. The agenda package shall be submitted one week prior to all workshops or meetings that require design decisions. Consultant shall prepare minutes for each workshop or meeting and submit them to the District's Project Manager for approval within three (3) business days following the meeting or workshop. The Consultant shall maintain a decision/action item matrix. The Consultant shall participate in following workshop and meeting: Preliminary Engineering Workshop: One (1) Preliminary Engineering Workshop (PEW) shall be held after District review of the Draft TM. The workshop shall be 2 hours in length. Technical Meeting: One (1)technical meeting shall be held to discuss specific issues in detail and generate comments and direction from District staff. This meeting shall include discussion of the Contractor FCO and coordination with the 5-60 work. The meeting shall be 2 hours in length. Task 2.4 Quality Control Consultant shall include man-hours for all QA/QC activities related to Preliminary Design in this task including the development of the QA/QC Plan and review of deliverables either by the Consultant, or by the Consultant in conjunction with District staff in meetings and workshops. SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 6 Return to Aaenda Report These man-hours and associated costs shall be tracked separately in the Consultant's invoice as determined at the beginning of the project. PHASE 3 -FINAL DESIGN Final Design includes final design services (DS3 and FDS only)and General Design services. Consultant shall develop man-hour and cost estimates for the tasks in each of these elements. Descriptions of the tasks and deliverables for each of the three main elements are provided below. The Consultant shall provide engineering services to prepare a single final design package (DS3 and FDS)that includes CIPP rehabilitation of both the West and East Lido FMs. Workshops and meetings shall also be held during the Final Design to solicit input from District staff. The final design package shall be suitable for negotiation of a field change order with the 5-60 Contractor. However, the West Lido FM rehabilitation will be performed before the East Lido FM rehabilitation as only one FM barrel can be out of service at a time. Consultant shall maintain an up-to-date comments log in electronic format on all District comments received as a result of each submittal review. District comments shall be incorporated into the next submittal, as appropriate. Task 3.1 Design Submittal 1 (DS1)—(Not Used) Task 3.2 Design Submittal 2 (DS2)—(Not Used) Task 3.3 Design Submittal 3 (DS3) As part of DS3 the Consultant shall perform the following: Task. 3.3.1 Design Field Surveying Design field surveying work shall be Quality Level C in accordance with ASCE guidelines. Updated plan and profile sheets will be created utilizing and extending the aerial and topographic survey from Project 5-60 to acquire the information necessary for the preparation of record plan and profile drawings of the existing Lido FMs. The information will be suitable for use to establish construction controls, pothole locations, and pipeline assessment. All land survey work shall be performed under the direction and control of a Professional Land Surveyor, licensed by the State of California. The land surveyor shall supplement the existing aerial and topographic data support to survey the FM locations, utilities, storm drain and sewer dips, etc. within the alignments. Within the same area, a pot holing subcontractor will perform up to S potholes. In addition to that required in the ASCE guidelines, the ground surface and top of pipe shall be surveyed horizontally and vertically by the land surveyor and the pipe material of construction shall be determined. It is assumed the land surveying work will be performed by a two man crew working %day increments and will take up to four days total in duration. Task 3.3.2 Potholing Potholing work shall be Quality Level A in accordance with ASCE guidelines. Consultant shall prepare a Potholing Plan for review and acceptance by the District. Prior to District acceptance SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 7 of the Potholing Plan, a project field walk with designated District personnel shall be performed. Consultant shall "pothole"on selected critical locations described and shown in the accepted Potholing Plan. Consultant's staff shall be on-site during potholing to provide direction to potholing crew. Consultant shall provide all work necessary, including, but not limited to: • Documentation of information • Notification of USA's"Dig Alert" • Providing design field survey • Obtaining required permits. OCSD will pay fees. • Design and Submission of traffic control plans (signed by Traffic Control Engineer) • Setting up traffic control • Soft dig potholing • Excavating • Backfilling • Repairing pavement to local jurisdiction requirements: a. AC pavement shall be replaced to full depth or the structural section (AC & base) plus two inches with hot mix asphalt unless otherwise required by the City. Cold mix shall only be allowed when the patch will be replaced by the project and where approved by the City. b. Concrete pavement shall be replaced to full depth plus one inch with Portland cement unless otherwise required by the City. Consultant's fee proposal shall include costs for eight(8) potholes during final design and unit costs for additional potholes, if required. Task 3.3.3 Preliminary Geotechnical Report The Preliminary Geotechnical Report prepared for Project 5-60 shall be utilized to obtain preliminary geotechnical information and supplemented with additional available reports in order to determine subsurface conditions south of the SR 55 Bridge in Newport Boulevard. No additional geotechnical fieldwork shall be performed for this work. Consultant's geotechnical subconsultant shall review all known soils and inspection reports available from Caltrans, OCSD, and the City of Newport Beach related to the project area from the 5-60 Preliminary Geotechnical Report. A supplemental report shall be prepared specifically for this work by the Geotechnical Engineer of record. Task 3.3.5 Plan and Profile Drawings Upon completion of the design field surveying and facility research, Consultant shall finalize plan and profile drawings for the existing West and East Lido Force Mains. The plan and profile base maps prepared as part of the TM will be used for the Final Design submittals. The drawings shall be prepared in accordance with District Design Guidelines, including the CAD standards at the scales defined above. SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 8 Return to Aaenda Report The DS3 submittal shall include all finished, checked and complete plans and specifications. No new drawings and/or specification sections by Consultant shall be expected after this stage. All District comments on the previous submittal shall have been resolved, rejected, addressed and/or incorporated in this submittal. Pertinent comments shall be incorporated. Project Support Documentation consisting of calculations, phone/fax quotes, catalog cuts, design memoranda, and meeting notes, etc. DS3 shall include the following: • Incorporation of environmental mitigation measures on any relevant drawings and/or specifications • Final Drawings including Plan and Profile of the existing alignment with separate aerial photo strip. The Preliminary Drawing List includes, but is not limited to, the following: West and East Lido FM CIPP Rehabilitation 1. West 40 scale P&P Demolition Plan 1 2. West 40 scale P&P Demolition Plan 2 3. West 40 scale P&P Rehabilitation Plan 1 4. West 40 scale P&P Rehabilitation Plan 2 5. East 40 scale P&P Demolition Plan 1 6. East 40 scale P&P Demolition Plan 2 7. East 40 scale P&P Rehabilitation Plan 1 8. East 40 scale P&P Rehabilitation Plan 2 9. Details and Closure Spools Connections 1 10. Details and Closure Spools Connections 2 11. CIPP Details Pits 12. Details Restorations Per City of Newport Beach 1 13. Landscape Restoration Per City of Newport Beach 1 14. CIPP Sequencing Plan 15.Traffic Control Plan 1 16.Traffic Control Plan 2 17.Traffic Control Plan 3 18.Traffic Control Plan 4 19.Traffic Control Plan 5 20.Traffic Control Plan 6 • Supplemental Technical Specifications, if required • Proposed Construction Schedule integrated into Project 5-60 with Contractor's input • Final Project Cost Estimate The DS3 submittal shall be reviewed by the District's Safety Department in accordance with the District's safety policies. Task 3.4 Final Design Submittal (FDS) Following receipt of all District review comments on DS3 including any comments from the Safety Department, Consultant shall prepare and submit the Final Design Submittal (FDS). SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 9 The FOS shall also include all Final plans and specifications, databases, reports, control strategies, construction schedules, cost estimates and project documentation as specified in previous section. The FDS shall include finished, checked and complete plans and specifications and shall incorporate all District comments from previous submittals, workshops and meetings, as appropriate. Prior to submittal of the FDS, Consultant shall have performed an inter-discipline cross-check of the design changes made since DS3 and corrected the related discrepancies. Consultant shall not add any new drawings or make any changes to the plans or specifications that are not a result of comments received by the District or a final in-house quality control check. Consultant shall document in-house changes and submit them to the District along with the FDS. Final submittal deliverables shall consist of camera ready documents and digital documents, suitable for final reproduction by the District. In addition, the FDS shall include remaining project support document on paper form consisting of calculations, phone/fax quotes, catalog cuts, design period memoranda, and meeting notes. All plans and detailed specifications and engineering calculations shall be stamped and signed by a Registered Engineer in the State of California. Task 3.5 Specifications Task 3.5.1 General Requirements, Additional General Requirements, Contract Agreement, General Conditions and Special Provisions It is assumed the work will be performed by the 5-60 Contractor under the existing construction contract as a field change order. Therefore, front end (Contract Agreement, General Conditions, Special Provisions, and General Requirements) portions of the Construction Documents are applicable to this work. No new front end documents shall be required by the Consultant. Task 3.5.2 Technical Specifications It is assumed the work will be performed by the 5-60 Contractor under the existing construction contract as a field change order. Therefore, technical specifications from Project 5-60 are applicable to this work. The Consultant shall provide only additional technical specifications, if required, to supplement Project 5-60 specifications. Task 3.6 Field Change Order Negotiation Support It is assumed the work will be performed by the 5-60 Contractor under the existing construction contract as a field change order(FCO). The Consultant shall provide support to District staff to negotiate the FCO with the 5-60 Contractor. GENERAL DESIGN SERVICES General Design Services includes tasks that will be performed by the Consultant throughout Phase 3. These tasks are included in a separate section of the Scope of Work to facilitate tracking of man-hours and fees by both the Consultant and the District. These services SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 10 Return to Aaenda Report include: project management, workshops and meetings, quality control, management of Subconsultants, coordination with other projects, and permitting. Task 3.7 Project Management Consultant shall continue project management tasks currently being performed under 5-60. Management tasks will include: General Management, Work Breakdown Structure (WBS), Monthly Progress Reports, Project Invoices, and update of Project Schedule. Task 3.8 Workshops and Meetings The design submittal workshops shall be held to review all elements required in the final design, validate the design progress since the Final CIPP Feasibility TM submittal and ensure that all comments on the CIPP Feasibility TM submittal are resolved in order to avoid rework with accompanying schedule delays. The same District and Consultant staff that attended the Final CIPP Feasibility TM workshop should attend the workshops and meetings. Final Design Kickoff Meeting: The DS3 Kickoff Workshop shall be held immediately after the Final CIPP Feasibility TM is submitted. This workshop shall be held to summarize decisions made at the meetings and shall include an overview of the project to date. Key review issues shall be discussed to facilitate District staff review of the submittal. The kickoff meeting shall be 1 hour in length. DS3 Review Meeting: One (1) review design submittal meeting shall be held at approximately the midpoint of the District's review period. The design submittal meeting shall be working sessions that bring together key District and Consultant staff to discuss specific design issues in detail. The main focus of this meeting will be to review previous District comments to ensure the comments have been incorporated and address any new comments that District staff has identified during review of the design submittal. The DS3 review meeting shall be 2 hours in length. FDS Review Meeting: One (1) review design submittal meeting shall be held at approximately the midpoint of the District's review period. The main focus of this meeting shall be to review previous District comments to ensure that the comments have been incorporated into the Final Design and address any new comments that District staff has identified during review of the design submittal. The FDS review meeting shall be 2 hours in length. Technical Meeting: One (1)technical meeting shall be held to discuss any technical issues that need to be resolved in final design. The meeting shall be scheduled with District staff, as necessary to allow coordination between the Consultant and District staff. The technical meeting shall be 1 hour in length. Task 3.9 Quality Control All elements of the Consultant's Quality Assurance/Quality Control (QA/QC) Plan developed in Phase 2— Preliminary Design shall also apply to Phase 3— Final Design. Consultant shall include man-hours for all QA/QC activities related to Final Design in this task including the development of the QA/QC Plan and review of contract documents either by the Consultant or by the Consultant in conjunction with District staff in meetings and workshops. These man- SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 11 hours and associated costs will be tracked separately in the Consultant's invoice as determined at the beginning of the project. Task 3.10 Management of Subconsultants The services of Subconsultants shall be required for Phase 3—Final Design. Consultant shall provide for and manage the activities of Subconsultants. Consultant shall include the general scope of work for each Subconsultant in the proposal as a basis for the fee. The Consultant shall procure the services of the following, in support of the final design: • Land Surveyor • Potholing and Utility Locating • Geotechnical Engineer • Traffic Control Subconsultants work shall meet the requirements of District standards. Task 3.11 Coordination with other Projects The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. Consultant must coordinate the project with the following projects: • All Caltrans Projects in general area • All City of Newport Beach Projects in general area • Sanitation District 5-60 Newport Force Main Project • Sanitation District 6-17 District 6 Trunk Sewer Relief • Utility projects in general area, power, gas, phone, cable, etc. Task 3.12 Permitting Support For all applicable Project Elements of this Scope of Work, The Consultant shall provide contract documents, which ensure that facility features and performance and construction procedures comply with all conditions of existing permits and permits required to construct this project. Construction drawings, specifications and supplemental drawings shall be prepared, as necessary in the format required to obtain all permits. Permit requirements shall be incorporated into the final design. The Consultant shall assist District in obtaining permits. This assistance shall include coordination, processing, submitting, and completing forms and applications, preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies of all construction drawings and exhibits and attending meetings with permitting agencies as required. District staff will sign applications as the owner. All permit fees shall be paid directly by District and shall not be deemed part of Consultant's fee. The Consultant shall submit supporting documentation and complete tasks in a timely fashion for permits required for this project which include: SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 12 Return to Aaenda Report • Caltrans encroachment permits • City of Newport Beach encroachment permits For purpose of this proposal, it is assumed that 40 hours of work is required for this permitting task. PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES (NOT USED) (To be negotiated under a separate Agreement at a future date) PHASE 5—COMMISSIONING SERVICES (NOT USED) (To be negotiated under a separate Agreement at a future date) PHASE 6—CLOSE OUT(NOT USED) (To be negotiated under a separate Agreement at a future date) SCOPE OF WORK(01114/15) Project No.5-60 West/East Lido Force Main Rehabilitation Page 13 Newport Force Main Rehabilitation,Project No.5-60 Fee Proposal for Professional Consulting Services West/East Lido Force Main Rehabilitation Attachment B: Approach to Scope of Work and Assumptions Brown>�=Caldwell B Return to Agenda Report Attachment B Approach to Scope of Work and Assumptions Newport Force Main Rehabilitation, Project No. 5-60 Professional Consultant Services Agreement West/East Lido Force Main Rehabilitation This approach and assumptions were developed after a meeting held on January 12, 2015 to review the "Attachment A Scope of Work Revised 12/8/14" included in the request for Proposal dated December 22, 2014 and discuss the newly provided condition assessment data (cleaning and video inspection)of the West Lido Force Main performed by contractors procured directly by Orange County Sanitation District(OCSD). For convenience,these assumptions and clarifications were developed with the same task structure as the revised SOW(revised 01/14/15) included in Attachment and includes the scope of work for subconsultants. Most of the subconsultants have worked with us on Project 5-60 and together our collective experience and knowledge will benefit OCSD. In addition to BC,the following subconsultants and their role on this project include: • KOM Meridian - Land Surveying • Scheidegger&Associates - Environmental Support(added not included in revised SOW) • Cardno - Potholing and Utility Locating • Kleinfelder - Geotechnical Support . Traffic Control Engineering-Traffic Control Phase 2 - Preliminary Design Task 2.1 CIPP Feasibility Technical Memorandum Task 2.1.1 Verify Hydraulic Capacity BC will perform 3 hydraulic modeling runs for each FM (total of 6 hydraulic model simulations) in support of this work as follows: • One simulation for each FM of existing condition based on Master Plan conditions(2 total) • Two simulations for each FM barrel for CIPP rehabilitation alternatives (4 total) provingthat each barrel can pump required capacity in solo configuration (independent). Task 2.1.2 Work Sequence and Implementation BC will provide requirements for work sequencing and implementation as described in the revised SOW dated January 14, 2015. Brown wCaldwell B-1 Approach to Scope of Work and Assumptions Task 2.1.3 Environmental Requirements BC will provide requirements for environmental requirements as described in the revised SOW dated January 14, 2015. Task 2.1.4 Existing Facilities Research Topography mapping performed as part of Project 5-60 will be extended for coverage to Lido Pump Station based on existing aerial photography in-hand. kDM Meridian's(Land Surveyor)scope will include: • Review control data established for Project 5-60 and recover and re-establish points as needed for survey work within the described area. • Coordinate OCSD sewer manhole dipping with OCSD staff,and will comply with the OCSD safety requirements pertaining to equipment and apparel. • Survey 8 new potholes. • Provide traffic control for manhole dipping operations within the street. The traffic control plan will be prepared and submitted to the City of Newport Beach to obtain a temporary encroachment permit for this work. • Perform field surveying and base mapping meeting the requirements of Project 5-60 and suitable to produce new plan and profiles of the West and East lido FMs. • Scope estimated to take 4 days to complete. Task 2.1.5 Plan and Profile Base Maps BC will provide requirements for plan and profile base maps as described in the revised SOW dated January 14, 2015. Task 2.1.6 Draft and Final TM The Draft TM shall consist of a compilation of the items described above with District comments incorporated. A single CIPP Feasibility TM will be prepared and submitted as follows: • Draft TM -one electronic pdf file and five (5) hard copies • Final TM-one electronic pdf file and five (5) hard copies General Design Services Task 2.2 - Project Management BC will continue project management tasks currently being performed under 5-60. Task 2.3 - Workshops and Focused Meetings • Preliminary Engineering Workshop (1) • Technical Meeting(1) Brown roCaldwell B-2 Return b Mends Report Approach to Scope of Work and Assumptions Task 2.4 - Quality Control BC will update the Quality Assurance/Quality Control (QA/QC) Plan developed for Project 5-60 design for implementation of the Scope of Work. Phase 3 - Final Design Task 3.1 - Design Submittal 1(DS1) - (Not Used) Task 3.2 - Design Submittal 2 (DS2) - (Not Used) Task 3.3 - Design Submittal 3 (DS3) Task 3.3.1 Design Field Surveying BC will provide survey requirements for CIPP rehabilitation plan and profiles as described in the Task 2.1.4 dated January 14, 2015. Task 3.3.2 Potholing Cardno's(Potholing and Utility Locating)scope will include: • Review existing utility maps provided by BC. • Review potholing plan • Provide traffic control for 8 potholes within the street. The traffic control plan will be prepared and submitted to the City of Newport Beach to obtain a temporary encroachment permit for this work. • Drill 8 potholes meeting the requirements of Project 5-60 during preliminary design and provide suitable CAD files to produce new plan and profiles of the West and East Lido FMs. • Scope estimated to take 4 days to complete. Task 3.3.3 Preliminary Geotechnical Report Hleinfelder's(Geotechnical Support)scope will include: • Will review all known soils and inspection reports available from Caltrans, OCSD, and the City of Newport Beach related to the project area from the 5-60 Preliminary Geotechnical Report and the area south of the Newport Channel. • Will research any relevant and available soils data south of Project 5-60. • No additional geotechnical fieldwork will be performed for this work. • Preparation of a supplemental geotechnical data report will be prepared specifically for this work described in the RFP. • Provide input to TM on geotechnical design challenges and requirements to validate the rehabilitation/replacement alternative screening. Task 3.3.4 Plan and Profile Drawings • BC will prepare plan and profile drawings for CIPP rehabilitation of the existing West and East Lido Force Mains. The plan and profiles will meet OCSD CAD standards. DS3 will include the following: • Incorporation of environmental mitigation measures on any relevant drawings and/or specifications • Preliminary Drawing List,to include, but is not limited to,the following: BrOW n axo Cald WeU B-3 Approach to Scope of Work and Assumptions West and East Lido FM CIPP Rehabilitation 1. West 40 scale P&P Demolition Plan 1 2. West 40 scale P&P Demolition Plan 2 3. West 40 scale P&P Rehabilitation Plan 1 4. West 40 scale P&P Rehabilitation Plan 2 5. East 40 scale P&P Demolition Plan 1 6. East 40 scale P&P Demolition Plan 2 7. East 40 scale P&P Rehabilitation Plan 1 8. East 40 scale P&P Rehabilitation Plan 2 9. Details and Closure Spools Connections 1 10. Details and Closure Spools Connections 2 11. CIPP Details Pits 12. Details Restorations Per City of Newport Beach 1 13. Landscape Restoration Per City of Newport Beach 1 14. CIPP Sequencing Plan 15. Traffic Control Plan 1 16. Traffic Control Plan 2 17. Traffic Control Plan 3 18. Traffic Control Plan 4 19. Traffic Control Plan 5 20. Traffic Control Plan 6 • Supplemental Technical Specifications, if required • Proposed Construction Schedule integrated into Project 5-60 with Contractor's input • Final Project Cost Estimate Traffic Control Engineering will provide traffic control plans for DS3 and FDS. Task 3.4 - Final Design Submittal (FDS) FDS will include all Final plans and specifications, databases, reports, control strategies, construction schedules, cost estimates and project documentation as specified in Task 3.3. Task 3.5 - Specifications Task 3.5.1 General Requirements,Additional General Requirements, Contract Agreement, General Conditions and Special Provisions No new front end documents will be prepared for the West Lido FM as the new work will be governed by Project 5-60. Task 3.5.2 Technical Specifications BC will provide only additional technical specifications, if required,to supplement Project 5-60 specifications. Brown roCaldwell BL Return b Mends Report Approach to Scope of Work and Assumptions Task 3.6 - Field Change Order Negotiation Support It is assumed the work will be performed by the 5-60 Contractor under the existing construction contract as a field change order(FCO). The Consultant shall provide support to District staff to negotiate the FCO with the 5-60 Contractor. General Design Services Task 3.7 - Project Management BC will continue project management tasks currently being performed under 5-60. Task 3.8 - Workshops and Focused Meetings • Final Design Kickoff Meeting(1) • DS3 Review Meeting(1) • FOS Review Meeting(1) • Technical Meeting(1) Task 3.9 - Quality Control BC will update and implementthe Quality Assurance/Quality Control (QA/QC) Plan developed for Project 5-60 design for implementation of the Scope of Work. Task 3.10 - Management of Subconsultants BC will manage the activities of Subconsultants. Task 3.11 - Coordination with other Projects BC will coordinate the project with the all ongoing and approved planned District projects. The final design will be coordinated with Kiewit and changes or suggestions approved by OCSD shall be implemented into the design. Task 3.12 - Permitting Support • BC will provide contract documents,which ensure that facility features and performance and construction procedures comply with all conditions of existing permits and permits required to construct this project. • BC will assist District in obtaining permits. • District staff will sign applications as the owner. All permit fees shall be paid directly by District. • BC will submit all supporting documentation and complete all tasks in a timely fashion for all permits required for this project which include, but are not limited to: - Caltrans encroachment permits - City of Newport Beach encroachment permits • The need for Coastal Commission and all EIR work is excluded at this time. To be verified by BC. • No property easement acquisition work is envisioned at this time. • For purpose of this proposal, it was assumed that 60 hours of work is required to support this permitting task. Brown roCaldwell B-5 Approach to Scope of Work and Assumptions Phase 4 - Construction and Installation Services (Not included. To be negotiated under a separate Agreement at a future date.) Phase 5 - Commissioning Services (Not included. To be negotiated under a separate Agreement at a future date.) Phase 6 - Close Out (Not included. To be negotiated under a separate Agreement at a future date.) Brown roCaldwell e-a Return to Aaeoda Report Newport Force Main Rehabilitation,Project No.5-60 Fee Proposal for Professional Consulting Services West/East Lido Force Main Rehabilitation Attachment C: Labor Hour/Cost Matrix and Fee Proposal Form Brown>�=Caldwell � � 5-60 Amendment No.1 West/East Lido Force Main Rehabilitation Labor Hour Matrix Sa mi S. 9Z, Sr2 � �a` rci .nS zm' w`rca` Sg Rehab Rehab BC Total Project Engineer Principal Senior Tech Tech Hydraulic CAD Cost QC-Cost Project Labor Task Description Manager of Record Engineer Engineer Advisor Advisor Modeler Designer Estimator Est WP Assistant Admin Hours; 5-60 West/East Lido Force Main Rehabilitation Phase 2-Preliminary Design Task 2.1 -CIPP Feasibility Technical Memorandum 4 34 60 172 0 2 24 100 0 0 8 0 0 404 Task 2,1.1 Verify Hydraulic Capacity 4 8 8 24 44 Task 2.1.2 Work Sequence and Implementation 20 24 60 2 16 122 Task 2.1.3 Environmental Requirements 4 4 8 Task 2.1.4 Existing Facilities Research 2 16 60 24 102 Task 2.1.5 Plan and Profile Base Maps 2 8 24 60 94 Task 2.1.8 Draft and Final TM 2 8 16 8 34 Phase 2-General Design Services Task 2.2-Project Management 6 6 8 8 28 Task 2.3-Workshops and Meetings(2 total) 2 8 8 4 0 0 0 0 0 0 0 0 0 22 Task 2.4-Quality Control 4 4 4 12 Phase 2 Subtotal= 16 46 60 182 4 2 24 100 0 0 8 8 8 466 Phase 3-Final Design Task 3.1 -Desi n Submittal 1 DS7 -NOT USED 0 Task 3.2-Design Submittal2 DS2 -NOT USED 0 Task 3.3-Design Submittal3 DS3 0 6 12 36 0 2 0 100 32 4 8 0 0 200 Task 3.4-Final Design Submittal(FDS) 6 8 10 40 111 2 6 90 Task 3.5-Specifications 0 2 16 16 4 0 0 0 0 0 0 0 0 38 Task 3.6-FCO Negotiation Support 16 16 32 Phase 3-General Design Services Task 3.7-Project Management 6 6 12 e 6 38 Task 3.8-Workshops&Meetings(4 total) 6 16 16 4 0 0 0 0 0 0 0 0 0 42 Task 3.9-Quality Control 12 4 8 24 Task 3.10-Management of Subconsultants 8 8 16 Task 3.11 -Coordination With other Projects 4 4 2 10 Task 3.12-Pea lBng Support 18 22 22 80 Phase 3 Subtotal= 24 70 108 102 12 2 0 140 48 6 16 16 6 550 Subtotal Labor Hours for Phase 2 and 3= 40 116 176 284 16 4 24 240 48 6 24 24 14 1,016 Date: 1/16/2015 Page 1 of 1 File: Attachment C-West East Lido FM Rehab Pricing Tool_011415 el_cb.xlsx Return to Mende Report sW WI,Vswt Is,Few Man samXliuew gg E end Sc Xyd,amm Rn est 4bo, Tgal eC Task lxem weew Houn uhe,Covt nvlRaxwre.Pvnvluvl.snr We511Ea51 Lleo Force Main Rehabilitation .1'=71 w Avi n E e00 E e.112 S 5,093 E 10,271 5 - 5 2]5 S 1,8<5 E 8,002 5 -ft f - 5 <0< S 28,376 S 000 S 98] S - 3 a]8 5 $ - $ - $ - $ m $ 3,690- S 2 19 E 2033 S JSe f - f R]! S - S 960 f - f - 5 t22 $ 9Z]0Tam2l.3 EnmmnmanMlRegmremenm f - f - E Me S 239 E - f 8 $TsA214 EvbmqF-It,,RaammF f - 3 Hx E t,E68 3 B.N3 f - E - 3 - 3 1.Y0 f - f - f 102 $ 6,821TaYanemeawMe $ - E 'HR f B)8 S t,li3 f - f - 3 - 3 S.1 f - E - f 40 $ 5,955asx2tb oanam FnalTM $ - $ N2 E 6)9 $ M $ - E - S - f - f - f - f JO $ 2.26J x-OswN Me n8emwa rasa zz-P,o xl Mana Omem $ 200 $ 3 - 3 N. 5 - S E - f . $ - S - E - 3 352 f 266 28 S Z. Tesk3]-WaasM1owanEMMi sxbYl $ 200 $ 4. E 13 S N. 5 - E - S - f - 5 - E - S - f . 5 22 E Z. no wonamv S zoo S aM E Me f - f - E - S - f - f - E - S - f - f to $ Lo22 S - $ M E M9 $ 239 $ $ $ "AlpGuana conbol S 000 S aM E - s - s au s s - s - s t2 s 1,2W Phew 2 S..l f 1,599 f 5,595 1 $ 5,791 1 10,966 1 aia $ 275 1 $ 1,945 1 $ 6,002 11 $ -1 $ US 1 $ 352 1 466 $ 33,333 Phase Final..I n Tep 5.l.Oea n3ubn'Nali 1 Xm I33E0 f - f - 0 $ T.M 3eaipn SudnM.131D53 Xm IMEO $ - f - f - f - $ - f - S - $ - $ - f - f 0 f TaY $ - $ 725 S 1,017 $ 2,150 S - f 275 $ - $ 6,002 f 2,693 S 383 $ 388 f - f 200 $ 1316N 31t-ceal oF�em a,.eb $ - $ N2 S - $ 478 $ - S - $ - $ - $ - S - $ - $ - f 10 $ Ro 332-POPol�nq $ - $ 202 $ - $ 239 $ - E - $ - $ - $ - E - S . $ - $ 6 $ 461 3 H.3�Preimw,a GeoleNmwl Paen f - $ .2 $ - f - $ - E - $ - f - $ - E - f - f - S 2 $ 202 33bn ane Pmnla S S - 1.017 1M 95 6,002 $ 2,493 383 388 $ 182 $ 12192 Tv Ppo $ - 3 726 f 678 3 !97 f - $ - 3 - 3 2001 $ 1 ] f 192 f 388 $ - f W $ 6.328 TIT 3.SO 'Minions f - f 242 E 1356 $ 9M $ 410 $ - f - f - $ - 5 - f - f - $ 38 $ 296] 35.1 Geneml Rapuirertanis,Ptltlltional General ammo ane.CaMmtl amessai...I consewsam Swcbl Pmamws $ - f - f - $ - $ - f - f - $ - $ - f - f u $ 352.Txnmwi3meimmea f - $ 242 $ 1,356 $ 956 f 410 $ - $ - S - S - $ - $ - S - S 30 $ 2.957 Task,3.8.PCO lacameano,Sup,mrt f - 3 1.935 $ 1.356 $ - f - $ - 3 - $ - f - $ - $ - $ - f 32 $ 3.2M Ph—3-S..Cashes S.... Te >f b S 508 $ ]1] 3 S $ 3 S f f 351 f IN 9 S r4a>e-G 4 3.,13HwW aelb ]8 S 1t99 S J81 S . f - $ 828 E - $ - $ - f - E - f - f - f 20 $ 2111 Tava 3.10-wna .nwnlw5uhw,vulr.Mv S - S - S 6]6 S - S - S - S - S - S - E - S - S 352 S i6 S 1,030 TaM,3n-cwmmemn mu anmP cta1 f -1 $ a06 1E 339 $ 1191 $ -I E -1 $ - f - $ -I E -1 $ -I f -I $ 10 E 9u 14312AamtlOn eu $ - S 1.9J! f 1,8M S -1 $ -1 $ - f - f M S 5.112 Mesa 3 SubWml=I f 2,398 f BASS 1 9,150 1 6,0911 f 1,243 1 $ 275 1 f -1 f 6A03 1 f 4.040 1 $ 575 $ ]]] f 705 f iM 550 E 62.319 8ubt0bl Banse-d Labor Houn far Ph...2an63• $ %907 1 $ 14,020 10,911 1315.919 1 $ 1.857 1 $ 550 1 1.801314.45 $ AND 1 $ 575 1.1651 1.9!]1 5 "S 1 1018 S ]I.BM 2%1U.3E 9d%J ].us% E 1L92e E 1]2.551 Item Tob10pL 3 S 0 5 6 C.M COM RepotluNm Charges hmte"A mmiw) $ Scc $ 500 f1,000 E 500 f MO E - S - S f I,ODD Sub[awutten6 2 3 0 5 6 TAIA.Sub c Cwl eat BLLeOnsullant N(XOMM)-Lentl 9.mying $ 15.000 $5.000 $ 16,M! ypconaulkM 6(BMelEa99er8 Mimi andWhat, vmn(8 3imletl S 5.eee fl.MO f S.MO y,LwnaulleMC"Inlai -PdMll,g and What,Loc0tlm�8 poN01ea) $ 15,590 llnil pnm for e]6EwwI lbiM1 lea=31,g50.rootlwle sal M1M paid StlA90 f 1l,190 5 aaonmlleM G(TM)-mep-Wftnal $ 211M 520,]01 $ 20,]at nsulleME -T nbd $ A,S E30.003 S 20.003 f 31,105 f M.315 E - S - S f ]B4OSB N T0MI L0s1(..nemaM X0.1�= S 351,6f0 Des:ulgxa5 Fua.0 Illt6 Wmr rat Yee FM same Pena mol 01v15 rr_m.am Fee Proposal Form Cli 15-60 PCSA Amendment No.1 Brown and Caldwell January 17,2015 Prepond!Modification Amount Contr�tAnmunt Change per ConsuNant(Brown and Caldwell) Raw Labor $ 478,338 $ 54,540 $ 532,878 Fringe Rate38.71% $ 185,165 $ 21.112 $ 206,277 BurdenMlabaptaw*Fringe) $ 663,503 $ 75,652 $ 739,155 Owdiead at 112.32% $ 70,247 $ 84,973 $ 830,220 Subtotal Ourdmed labor a Ovamead) $ 1,408,750 $ 160,625 $ 1,50,375 Retl Pro@at7A25% $ 104,600 $ 11,926 $ 116,526 Direst Casts,NTE $ 12,485 $ 11000 $ 13,485 SubtMal-Bmwnand Caldwell ConsuWng SeMms,naMN d: $ 1,525,835 $ 173,551 $ 1,699,386 SubmnsullaldA.Hatch IAVHMcDonald A.labor $ 70,034 $ 70,034 Fringe Rafe50.19% $ 35,150 $ - $ 35,150 Burdened Labor(Ram Labor t Fringe) $ 105,184 $ - $ 105,184 Overlua 55% $ 10,035 $ - $ 10,035 Subtotal Ourdened labor t Ovemead) $ 268,219 $ - $ 268,219 Retl Profit at 9.9595%(Deifiead and Burden!taboo $ 26,713 $ - $ 26,713 Direct Casta,ME $ 0,300 $ 0,300 TOTAL-Submnsultant"A",WE: $ 360,232 $ $ 860,282 Subcrnsultant B-Traffic Control Engineering Raw Labor $ 36,247 $ 4,957 $ 41,204 Fringe Rate 45% $ 16,311 $ 2,231 $ 18'1 BurderM Labor pi labor+Fringe) $ 52,558 $ 7,188 $ 59,746 Ovedieadat153% $ 60,414 $ 10,997 $ 91,411 Subtotal Remained labor a Cheri $ 132,972 $ 18,185 $ 151,157 Fled ProfH at lO%(Ovemead and Burdened labo0 $ 13,297 $ 1.818 $ 15,115 Dinner Cods,M $ 1,250 $ 1,250 TOTAL-Subcensubant"B',Ni $ 147,519 $ 20,003 $ 167JM2 Submnsultants under$10OHfees N7E Sub C-Shamen&Wihm $ 96,285 $ 96,285 Sub D-lawn Carnahan, $ 47,200 $ 47,200 Sub Mard der $ 54,854 $ 20,741 $ 75,595 Sub F-RDMM $ - $ 16,725 $ 16,725 Sub G-Candor $ - $ 15,590 $ 15,590 Sub H-Schuideggm&Asaociatm $ - $ 5,000 $ 5,000 TOTAL-Subcensultants C-H,Nab extend: $ 198,339 $ 58,056 $ 256,395 GRAND TOTAL for Design Servloes,not to exceed: $ 2,231,925 $ 251,610 $ 2,483,535 Return to Aaeoda Report Newport Force Main Rehabilitation,Project No.5-60 Fee Proposal for Professional Consulting Services West/East Lido Force Main Rehabilitation Attachment D: Proposed Project Schedule Brown>�=Caldwell p 5-60 West/East Lido Force Mains Rehabilitation Proposed Schedule ID Task Name Duration Start Finish 2015 Dec tan Feb Mar Apr May Jun Jul 1 5-60 WesVEast Lido Force Main Rehabilitation 74 days Tue 1/20/15 Wed 5/6H5 1/2 5-60 West/East Lido Force Main Rehabilitation 2 GM Approval 0 days Tue 1120115 Tue 1/20/15 1/2 1 ® GM Approval 3 Notice to Proceed 0 days Mon 1/26/15 Mon 1/26/15 1/26 Notice to Proceed 4 Phase 2-Preliminary Design 29 days Tue 1127115 Tue 3/10M5 1/27 Phase 2-Preliminary Design 5 Task 2.1 -CIPP Feasibility TM 29 days Tue 1127115 Tue 3/10/15 1/27 Task 2.1-CIPP FeasibilityTM 6 Task 2.1.1 Verify Hydraulic Capacity 7 days Tue 1127115 Thu 2/5/15 1/27 ^ill, Task 2.1.1 Verify Hydraulic Capacity 10 Task 2.1.2 Work Sequence and Implementation 15 days Tue 1127115 Wed 2/18115 1/27 ^——-as Task 2.1.2 Work Sequence and Implementation 15 Task 2.1.3 Environmental Requirements 10 days Tue 1127115 Tue 2/10115 1/27 Wasesseser Task 2.1.3 Environmental Requirements 18 Task 2.1.4 Existing Facilities Research 18 days Tue 1127115 Mon 2/23/15 1/27 W se as.ass se ass 1 Task 2.1.4 Existing Facilities Research 23 Task 2.1.5 Plan and Profile Base Maps 15 days Fri 1/30/15 Mon 2/23/15 }/30 ^ Task 2.1.5 Plan and Profile Base Maps 25 Prepare Draft and Final TM 15 days Wed 2/11/15 Wed 3/4/15 2/11 ^e^ Prepare Draft and Final TM 27 QA/QC TM 1 day Tue 2/24/15 Tue 2/24115 2/24 F QA/QC TM 28 Submit Draft TM 0 days Tue 2/24/15 Tue 2/24/15 2/24 Submit Draft TM 29 District Review of TM 10 days Wed 2/25/15 Tue 3/10/15 2/25 District Review of TM 30 District Acceptance of TM 0 days Tue 3/10/15 Tue 3/10/15 3/20 District Acceptance of TM 31 Phase 2-General Design Services 23 days Tue 1127115 Mon 312/15 1/27 Phase 2-General Design Services 39 Phase 3-Final Design 69 days Tue 1127115 Wed 5/6H5 1/27 Phase 3-Final Design 40 Task 3.3-DS3 35 days Tue 1127115 Wed 3/18/15 1/27 Task 3.3-D53 50 Task 3.4-FDS 24 days Thu 3119115 Wed 4/22/15 3/19 Task 3.4-FDS 56 Task 3.5-Specifications 10 days Wed 3/25/15 Wed 4/8/15 3/25 Task 3.5-Specifications 57 Task 3.6 Field Change Order Negotiation Support 10 days Thu 4/23/15 Wed 5/6/15 4/23 MENNINj Task 3.6 Field Change Order Negotiation Support 58 Phase 3-General Design Services 65 days Tue 1/27115 Thu 4/30/15 1/27 meals Phase 3-General Design Services Note: This proposed schedule assumes District GM approval on January 20, 2015 and notice to proceed on January 26, 2015. The schedule was developed with input from the 5-60 Contractor to coordinate lining of the West Lido 24"siphon with the 5-60 contract work near the bike trail near the southbound PCH to Newport Blvd off ramp (CIPP Pit#28) by late April 2015. However, in order to meet this deadline,the final design must start and be performed concurrently with the CIPP Feasibility Technical Memorandum. This proposed schedule reflects final design to be completed by April 22, 2015. Date Printed: Fri 1/16/15 Page 1 BOARD OF DIRECTORS meeting Dare To 0ad 01 11j81 Sir. of zs is AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES, PROJECT NO. J-110, AND SITE AND SECURITY IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. 132-96 GENERAL MANAGER'S RECOMMENDATION A. Approve an increase in the budget for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, by $1,203,000 for a total project budget of $15,973,000; B. Approve a decrease in the budget for Site and Security Improvements at Plant No. 2, Project No. P2-96, by $1,203,000 for a total project budget of$252,000; C. Receive and file bid tabulation and recommendation; F. Award a construction contract to Shimmick Construction for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, and Site and Security Improvements at Plant No. 2, Project No. P2-96, for a total amount not to exceed $9,716,000; and G. Approve a contingency of$485,800 (5%) for the combined projects Final Effluent Sampler and Building Area Upgrades, Project No. J-110, and Site and Security Improvements at Plant No. 2, Project No. P2-96. SUMMARY Project No. J-110 is for the rehabilitation of existing facilities at Plant No. 2 and encompasses diverse categories of work: • Demolish the final effluent sampling and ocean monitoring trailers and one storage building, make subsurface improvements, and construct a new final effluent sampling pump station and building with a small laboratory area. • Rehabilitate the large diameter final effluent outfall pipelines including the land section of the short-ocean outfall pipe, junction structures and large valve boxes associated with the final effluent pipelines, and Surge Tower No. 1. • Replace two buried natural gas pipelines, remove and replace asphalt paving, retrofit a small storm water pump station, replace a bubbler system and air supply piping, provide water and power connections for the landscape and irrigation improvements, and install other miscellaneous items. Page 1 of 3 Project No. P2-96 constructs landscaping and irrigation improvements in the vicinity of Project No. J-110 and along the eastern property line of Plant No. 2. These projects were bid together as one contract since the work is predominately in the same location. Project No. J-110 provides power and water connections, and close coordination of project schedules are required. Additionally, an administrative savings can be realized by managing the construction of the two projects together as one. The total for all bids were over the sum of the Engineer's Estimate and the Construction Project Budget for Project Nos. J-110 and P2-96. The Project No. P2-96 portion of the bid is only$300,000. Allocating project funds from Project No. P2-96 to Project No. J-110 will be sufficient to provide funding for the construction, commissioning, and closeout phases, and will also allow the tracking of costs through the construction related phases to be simplified by only using Project No. J-110 project budget. The design work for Project No. J-110 was completed by Atkins and the design work for Project No. P2-96 was completed by BGB Landscape Architects. The Orange County Sanitation District (Sanitation District) advertised for bids on October 1 and October 6, 2014. Three sealed bids were received on December 2, 2014. The bids were evaluated in accordance with the Sanitation District's policies and procedures. Shimmick Construction was deemed the lowest responsive, responsible bidder. The total bid amount was higher than the sum of the Engineer's Estimate. However, the individual project bid for Project No. J-110 was higher than budgeted, while the bid for Project No. P2-96 was lower than budgeted. A budget increase for Project No. J-110 is being recommended, along with a commensurate decrease in budget for Project No. P2-96, to keep the overall Capital Improvement Program budget unchanged. Summary information regarding project budget and bid costs is as follows: J-110/P2-96 Project Budget $16,225,000 Construction Contract Budget $ 9,235,164 Engineer's Estimate $ 8,831,000 Lowest Responsive, Responsible Bid $ 9,716,000 High Bid $10,362,750 Bidder Shimmick Construction $ 9,716,000 J.F. Shea Construction $ 9,902,475 Steve P. Rados, Inc. $10,362,750 Page 2 of 3 PRIOR COMMITTEE/BOARD ACTIONS September 2014 - Approved a budget increase of $706,000 for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, for a total budget amount of $14,770,000. ADDITIONAL INFORMATION N/A CEQA A Notice of Exemption was filed and recorded on May 5, 2008. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance OCSD-44. This item has been budgeted (FY 2014-15, Section 8, Page 73 for J-110 and FY 2014-15, Section 8, Page 123 for P2-96). The J-110 budget was increased in September 2014 by Board approval. Reallocating $1,203,000 from P2-96 project budget into the J-110 project budget is sufficient for the recommended action. Project No. P2-96 and Project No. J-110 will both be funded through the J-110 budget for the construction, commissioning, and closeout phases. There is no change in the overall Capital Improvement Program budget. Date of Auoroval Contract Amount Continaencv 01/28/14 $9,716,000 $485,800 (5%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: Construction Contract WS:dm:gc Page 3 of 3 Return to Aaenda Report PART A CONTRACT AGREEMENT C-CA-021414 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION -2 MATERIALS AND LABOR.................................................................4 SECTION -3 PROJECT..........................................................................................5 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................6 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................7 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................8 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................8 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................10 SECTION - 13 COMPLETION.................................................................................10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................12 SECTION - 16 INSURANCE....................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................22 SECTION - 18 TERMINATION................................................................................22 SECTION - 19 WARRANTY....................................................................................23 SECTION -20 ASSIGNMENT.................................................................................24 SECTION -21 RESOLUTION OF DISPUTES ........................................................24 SECTION -22 SAFETY& HEALTH ........................................................................24 SECTION -23 NOTICES.........................................................................................25 C-CA-021414 Return to Aaenda Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. J-110 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES PROJECT NO. P2-96 SITE AND SECURITY IMPROVEMENTS AT PLANT NO. 2 THIS AGREEMENT is made and entered into, to be effective, this January 28, 2015, by and between Shimmick Construction Company, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 1 of 26 A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report(GBR), if attached as a Contract Document i. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans H. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 2 of 26 Return to Aaenda Report a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 3 of 26 ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION-2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 4 of 26 Return to Aaenda Report SECTION-3 PROJECT The Project is described as: PROJECT NO. J-110 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES PROJECT NO. P2-96 SITE AND SECURITY IMPROVEMENTS AT PLANT NO. 2 SECTION —4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. J-110 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES PROJECT NO. P2-96 SITE AND SECURITY IMPROVEMENTS AT PLANT NO. 2 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION—5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within 770 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes 30 calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 5 of 26 In addition, CONTRACTOR shall accomplish such milestones within the periods of performance set forth in Appendix A of the Special Provisions entitled "Work Completion Schedule." SECTION—6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION—7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 6 of 26 Return to Aaenda Report SECTION—8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. SECTION-9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 7 of 26 SECTION—10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Nine Million Seven Hundred Sixteen Thousand Dollars ($9,716,000)as itemized on the Attached Exhibit"A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements"and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 8 of 26 Return to Aaende Report Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work—General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount"for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 9 of 26 Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." SECTION—13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 10 of 26 Return to Aaenda Report rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Aoorentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)or more. E. Workdav: In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight(8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B)above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sea.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 11 of 26 Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight(8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Record of Waoes: Inspection: CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its Subcontractors do the same. All payroll records shall be certified as accurate by the applicable CONTRACTOR or Subcontractor or its agent having authority over such matters. CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non- compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. SECTION— 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel—one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 12 of 26 Return to Aaende Report amount of one hundred percent (100%)of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION - 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 13 of 26 insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion'. Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD oremises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties'), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 14 of 26 Return to Aaenda Report the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Ten Million Dollars ($10,000,000) per occurrence and a general aggregate limit of 10 Million Dollars ($10,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Ten Million Dollars ($10,000,000) per occurrence and a general aggregate limit of 10 Million Dollars ($10,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 15 of 26 assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Either(1)a combined single limit of Two Million Dollars ($2,000,000) and a general aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 16 of 26 Return to Aaende Report 4. Worker's Compensation/Emolover's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. 5. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance for pollution liability covering bodily injury, property damage (including loss of use of damaged property or property that has not been physically injured or destroyed), CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 17 of 26 cleanup costs, and defense costs (including costs and expenses for investigation, defense, or settlement of claims). Coverage shall carry limits of at least One Million Dollars ($1,000,000) Dollars and shall apply to sudden and non-sudden pollution conditions (including sewage spills), both at the site or needed due to migration of pollutants from the site, resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants or pollutants. If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the right to approve or reject such coverage in its own discretion. If written on a claims- made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under this Contract is completed. 6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 18 of 26 Return to Aaenda Report C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10)days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 19 of 26 signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s)will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20)days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 20 of 26 Return to Aaende Report copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured"on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Reauired Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25-S (7/97) 2. Reauired Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 21 of 26 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements There shall be a Separation of Insured Clause or endorsement, providing that coverage applies separately to each insured, except with respect to the limits of liability. There shall also be an endorsement or policy language containing a waiver of subrogation rights on the part of the insurer. OCSD, its directors, officers, agents, CONSULTANTS and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 11 85 or alternatively in both CG 20 10 10 01 and CG 20 37 10 01 together. SECTION—17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION-18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 22 of 26 Return to Aaenda Report manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION—19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion' that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1)the remainder of the original one-year warranty period; or (2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 23 of 26 law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. SECTION-20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION — 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION-22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 24 of 26 Return to Aaentle Report SECTION-23 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any parry whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin &Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Shimmick Construction Company, Inc. 16481 Scientific Way Irvine, CA 92618 Copy to: Paul C. Camaur, President Shimmick Construction Company, Inc. 16481 Scientific Way Irvine, CA 92618 CONFORMED C-CA-021414 PROJECT NO.J-110 PROJECT NO. P2-96 Page 25 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Shimmick Construction Company, Inc. 16481 Scientific Way Irvine, CA 92618 By Printed Name Its CONTRACTOR's State License No. 594575 (Expiration Date—5/31/16) OCSD: Orange County Sanitation District By Chair, Board of Directors By Maria Ayala Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Division Manager C-CA-021414 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 26 of 26 Return to Aaenda Report EXHIBIT A SCHEDULE OF PRICES C-EXA-071012 TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION ..............................................................................1 EXA-2 PROGRESS PAYMENTS....................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS .........................................................1 EXA-4 STOP PAYMENT NOTICE ..................................................................................2 EXA-5 PAYMENT TO SUBCONTRACTORS..................................................................3 EXA-6 PAYMENT OF TAXES.........................................................................................3 EXA-7 FINAL PAYMENT ................................................................................................3 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.....5 ATTACHMENT 1 CERTIFICATION FOR REQUEST FOR PAYMENT........................6 ATTACHMENT 2 SCHEDULE OF PRICES .......................................................... 7 C-EXA-071012 Return to Mende Report EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement—Section 11 —"Contract Price and Method of Payment;" 2. General Conditions—"Payment—General"; 3. General Conditions—"Payment—Applications for Payment"; 4. General Conditions—"Payment— Mobilization Payment Requirements;" 5. General Conditions—"Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions—"Contract Price Adjustments and Payments"; 7. General Conditions—"Suspension of Payments"; 8. General Conditions—"OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: CONFORMED C-EXA-071012 PROJECT NO.J-110 PROJECT NO.P2-96 Page 1 of 7 In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five C-EXA-071012 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 2 of 7 Return to Mende Report percent (125%)of the amount claimed under any stop payment notice under Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions—"Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: CONFORMED C-EXA-071012 PROJECT NO.J-110 PROJECT NO.P2-96 Page 3 of 7 a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor(per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims fled with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR'S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty (30) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. C-EXA-071012 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 4 of 7 Return to Aaenda Report 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%)of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract(per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30)days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. CONFORMED C-EXA-071012 PROJECT NO.J-110 PROJECT NO.P2-96 Page 5 of 7 ATTACHMENTI CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date C-EXA-071012 CONFORMED PROJECT NO.J-110 PROJECT NO. P2-96 Page 6 of 7 Return to Aaentle Report ATTACHMENT SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Shimmick Construction Company, Inc.): BF-14 Schedule of Prices, Pages 1-6 CONFORMED C-EXA-071012 PROJECT NO.J-110 PROJECT NO.P2-96 Page 7 of 7 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Flom) SF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids,and that the actual value of Work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity;and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit.overhead,etc unless otherwise specified in the Contract Documents. All applicable sales taxes state and/or federal,and any other special taxes, patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID"LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO.J-110 PROJECT NO.P2-96 Page 1 of 6 Return to Agenda Renorl Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Approx Unit Pricc Extended Price No. Measurement city Project No.J-110 Final Effluent Sampler and Building Area Upgrades 1. Mobilization:The amount for this Bid Item shall not exceed 4%of the Total Amount of Bid and shall be in conformance with the Contract Documents for the lump sum price of... Lump Sum 1 = $ 3go/-aaa All amounts included in this Bid Item greater than the allowable maximum payment of 4%of the Total Amount of Bid shall be paid under the Bid Item "Demobilization". f 2. Sheeting,Shoring and Bracing: Furnish all labor, equipment and materials necessary to provide sheeting,shoring and bracing for protection Lump Sum 1 of life and limb in trenches,open excavations and confined spaces, in conformance with the Contract Documents for the lump sum price of... 3. Project Element No. 1 (PE-i): Furnish all labor,equipment and materials necessary for the demolition of the existing Final Sampler and Ocean Monitoring trailers,demolition of the existing storage building, construction of a new Final Effluent Sampler Building, installation of temporary sampling Lump Sum 1 lines,commissioning of the Temporary Sampling Facility, subsurface improvements and grading for the new building, and commissioning of the new Final Effluent Sampler Building, in conformance with the Contract Documents for the lump sum price of... BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO.J-110 PROJECT NO. P2-96 Page 2 of 6 Bid Submitted By: Shunmick Construction Company,Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Item Description Unit of APprox Unit Price Extended Price No. Measurement 0ty 4. Project Element No.2 (PE-2): Furnish all labor, materials and equipment necessary for the rehabilitation of the 120-inch Short Ocean Ouffall pipe and Surge Tower No. 1, demolition of Valve Box#2, modification to the Wye Lump Sum 1 = $ 3'� o =�o 0 0 and tee on the 120-inch pipeline, and rehabilitation of overflow line, in conformance with the Contract Documents for the lump sum price of... 5. Project Element No. 3 (PE-3): Furnish all labor, materials and equipment necessary for the rehabilitation of the 66-inch,84-inch and the 108-inch gravity pipelines between COBS and JB-11JB-C,the rehabilitation of the Lump Sum 1 - $ �S�j o 0 0 60178 inch gravity pipeline between JB-A and the OOBS discharge header, and rehabilitation of Junction Box 1, in conformance with the Contract Documents for the lump sum price of... 6. Project Element No. 4(PE-4): Furnish all labor, materials and equipment necessary installation of new 4-inch and 6-inch High Pressure Natural Gas Pipelines, commissioning of the new pipelines, and removal of the existing Lump Sum 1 = $ 73-o/ o = a lines, in conformance with the Contract Documents for the lump sum price of... 7. Project Element No.5(PE-5): Furnish all labor, materials and equipment necessary for the construction of miscellaneous improvements including but not limited to drainage improvements, paving removal and replacement, modifications to an existing stormwater pump station,water and power Lump Sum 1 = $ / -2 o 0 0 supply point of connection to a future irrigation system, and any other incidental Work not included in bid items 1 through 6 or bid items 8 through 17, in conformance with the Contract Documents for the lump sum price of... BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO.J-110 PROJECT NO.P2-96 Page 3 of 6 Return to Aaenda ReDDd Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Kam Description Unit of Approx Unk Price Extended Price No. Measurement city 8. Demobilization:The amount for this Bid Item shall not be less than 1%of the Total Amount of Bid and shall include but not be limited to the acceptance of Work by OCSD, completion of all items on final punch list, final cleanup and processing of final progress payment request, in Lump Sum 1 = $ conformance with the Contract Documents for a lump sum price of... All amounts greater than 4%which were included in Bid Item 1 Mobilization shall be paid under this Demobilization Bid Item. SUBTOTAL AMOUNT FOR J-110-BID ITEMS No. 1 THROUGH NO. 8 (AWARD AMOUNT) $ 9,0 3-)o0 c, Unit of Approx Unit Price Extended Price Item Description No. Measurement city 9. Project No. P2.96: Furnish all labor, materials and equipment necessary for the construction of Site and Security Improvements at Plant No.2, Lump Sum 1 Project No. P2-96, in conformance with the Contract Documents for the lump sum price of... SUBTOTAL AMOUNT FOR P2-96 - BID ITEM No. 9 (AWARD AMOUNT) $ BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO.J-110 PROJECT NO.P2-96 Page 4 of 6 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Finn) EXHIBIT A SCHEDULE OF PRICES (continued) ADDITIVE BID ITEMS(Refer to Note 1 n the Instructions): Item Description Unit of Aopprrtox Unit Price Extended Price No. Measurement 10 Additional Welded Steel Plates inside Surge Tower No. 1: Furnish all labor, materials and equipment necessary for the installation of additional welded steel plates inside Surge Tower No. 1 that are of one 1 square Square a o o o 0 o p ( ) q Feet 200 x $ 3 = $ 6 i toot in size, in conformance with the Contract Documents for the unit price of... 11. Additional Welded Steel Plates inside Surge Tower No.1: Furnish all labor, materials and equipment necessary for the installation of additional Square welded steel plates inside Surge Tower No. 1 that are of one and one half Feet 100 x $ ,/o o = $ yob as o (1.5)square foot in size, in conformance with the Contract Documents for the unit price of... 12. Additional PVC Liner: Furnish all labor, materials and equipment necessary for the installation of additional PVC liner in the 120-inch Short Square Ocean Outfall pipe and the 108-inch gravity pipeline per Detail 1 and Detail 35 X $ /,60 0 = $,$'� o 0 0 Feet 2 on Sheet C1004 with concrete damage repair and rebar replacement and in conformance with the Contract Documents for the unit price of... 13. Additional PVC Liner: Furnish all labor, materials and equipment necessary for the installation of additional PVC liner in the 120-inch Short Ocean Outfall pipe and the 108-inch gravity pipeline per Detail 1 and Detail Square 550 $ 2y.t 00 2 on Sheet C1004 with concrete damage repair and without rebar Foot replacement and in conformance with the Contract Documents for the unit price of... BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO.J-110 PROJECT NO. P2-96 Page 5 of 6 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Item Description Unit of Appprrox Unit Price Extended Price No. Measurement MY 14. Additional PVC Liner: Furnish all labor, materials and equipment necessary for the installation of additional PVC liner in the 120-inch Short Linear Foot 500 x y o = $ Z 01 0 0 0 Ocean Outfall pipe per Detail 3 and Detail on Sheet C1004 and in conformance with the Contract Documents for the unit price of... 15. Additional PVC Liner: Furnish all labor,materials and equipment necessary for the installation of additional PVC liner in the 120-inch Short Linear Foot 275 x 30 = $ r"-2 r0 Ocean Outlet pipe per Detail 5 on Sheet C1004 and in conformance with the Contract Documents for the unit price of... 16. Additional PVC Liner: Furnish all labor, materials and equipment necessary for the installation of additional PVC liner in the 120-inch Short Linear Foot 275 x 7 O = $ /7" 2 S-o Ocean Outfall pipe per Detail 6 on Sheet C1004 and in conformance with the Contract Documents for the unit price of... 17, Additional Removal and Reinstallation of the mechanical plug and the secondary plug at the transition box: Furnish all labor, materials and equipment necessary for the removal and reinstallation of the mechanical Lump Sum 1 = $/o a� o 0 0 plug and secondary plug at the transition box prior to completion of the Work in conformance with the Contract Documents for the unit price of... SUBTOTAL ADDITIVE BID ITEMS NO. 10 THROUGH NO. 17 $ 3 o a 0 TOTAL AMOUNT OF BID ITEMS NO. 1 THROUGH NO. 17 (BASIS OF AWARD) $ BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO.J-110 PROJECT NO.P2-96 Page 6 of 6 ITEM NO. 6 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, December 17, 2014, at 5:35 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT Tom Beamish, Chair Jim Herberg, General Manager John Nielsen, Vice-Chair Bob Ghirelli, Assistant General John Withers, Administration Manager Committee Chair Nick Arhontes, Director of Facilities Keith Curry, Member-At-Large Support Services Steve Jones, Member-At-Large Jeff Reed, Director of Human Greg Sebourn, Member-At-Large Resources Rob Thompson, Director of Engineering COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations & Vacant, Operations Committee Chair Maintenance Lorenzo Tyner, Director of Finance & Administrative Services Maria E. Ayala, Clerk of the Board Jennifer Cabral Jim Colston Norbert Gaia Al Garcia Stephanie Good Andrew Nau Rich Spencer OTHERS PRESENT: Brad Hogin, General Counsel James Ruth, Consultant PUBLIC COMMENTS: None. Minutes of the Steering Committee December 17 2014 Page 2 of 4 REPORTS: Chair Beamish reported on the Legislative and Public Affairs (La PA) Special Committee meeting earlier this month, including potential plans to schedule meetings in Washington DC to meet the District's delegates. Chair Beamish also announced the City of Yorba Linda commendation (resolution) on tonight's Board agenda. Lastly, he reported on the SARI Line ribbon cutting ceremony on December 11 th. General Manager Herberg reported on the following from his General Manager's Monthly Update: Tours provided for the month including visitors from China and South Korea; Board Orientation; District's workforce planning; with the exception of La PA that will meet on January 121h7 the Operations and Administration committees are dark in January. CONSENT CALENDAR: Maria Ayala, Clerk of the Board, announced the corrections to the Minutes as follows: John Withers, Administration Committee Chair; and Scott Nelson, Operations Committee Chair. 1. MOVED, SECONDED, AND DULY CARRIED TO: Approve CORRECTED Minutes of the November 19, 2014 Steering Committee Meeting. AYES: Beamish, Curry, Jones; Nielsen, and Sebourn NOES: None ABSTENTIONS: None ABSENT: Withers NON-CONSENT CALENDAR: Bob Ghirelli, Assistant General Manager, explained the RFP process for this item. 2. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2014- 63413D, for the period of January 1, 2015 through December 31, 2015 Minutes of the Steering Committee December 17 2014 Page 3 of 4 at a monthly rate of $5,000 per month and not to exceed $60,000 per year, with three one-year renewal options. B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2014-633BD, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $7,500 per month and not to exceed of $90,000 per year, with three one-year renewal options. AYES: Beamish, Curry, Jones; Nielsen, and Sebourn NOES: None ABSTENTIONS: None ABSENT: Withers Chair Beamish announced that a request had been made to change the time of the Board Meeting from 6:30 p.m. to 6:00 p.m. The Steering Committee agreed with this change. The change will be announced at the Board Meeting later. CLOSED SESSION Director Withers arrived at the meeting during closed session at 6:04 p.m. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(4) and 54957.6 The Committee convened in closed session at 5:44 p.m. to discuss two items. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENED IN REGULAR SESSION: The Committee reconvened in regular session at 6:13 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. Minutes of the Steering Committee December 17 2014 Page 4 of 4 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:13 p.m. to the next Steering Committee meeting to be held on Wednesday, January 28, 2015. Submitted by: Maria E. Ayala Clerk of the Board STEERING COMMITTEE Meath,Date TOBA.of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Nu bar 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: ADOPTION OF NEW UPDATED RESOLUTION ON RULES OF PROCEDURE, RESOLUTION NO. OCSD 15-01 GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 15-01, entitled, "A Resolution of the Board of Directors of Orange County Sanitation District Fixing and Establishing Rules of procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 10-06." SUMMARY The procedures are being updated at this time to reflect the new start times for the Board and Steering Committee meetings. At the December 17, 2014 Board Meeting, Chair Beamish announced the change commencing with the January meetings. The Steering meetings will begin at 5 p.m., with the Board meetings beginning at 6 p.m. In addition, staff has received direction to formalize the Legislative and Public Affairs Committee (La PA) into a standing committee. This makes for a total of three standing committees (Administration, Operations, and LaPA). PRIOR COMMITTEE/BOARD ACTIONS June 2010—The Board approved the latest Rules of Procedure Resolution on June 23, 2010, Resolution No. OCSD 10-06. ADDITIONAL INFORMATION N/A CEQA N/A ATTACHMENT The following attachments) is attached in hard copy and may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Resolution No. OCSD 15-01 Page 1 Of 1 Return to Mende Report RESOLUTION NO. OCSD 15-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT, AND REPEALING RESOLUTION NO. OCSD 10-06 WHEREAS it is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Orange County Sanitation District Board of Directors and Standing, Steering, Special and Ad Hoc Committees. NOW THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Rules of Procedure. That the following rules of procedure be adopted for the conduct of business of the District: A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the District on the fourth Wednesday of every month at 6:00 p.m., in the Administrative Offices of the District, located at 10544 Ellis Avenue, Fountain Valley, California; provided, however, if the fourth Wednesday of the month falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter, at the same time and place, unless the Board adjourns to a different date and time. The Board of Directors may adjourn any regular, special or adjourned special meeting to a time and place certain, as specified in the order of adjournment. B. Special Meetings. A special meeting of the Board of Directors may be called in either one of the following ways: (1) By the Chairperson of the Board of Directors; or (2) By the written request of a majority of the Steering Committee delivered to the Clerk of the Board. The call or notice for special meeting shall be in writing and delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as specified in the notice. Any notice deposited in the regular mail addressed to a Director at the address he or she has on file with the Clerk of the Board postage prepaid, sixty (60) hours in advance of any such meeting as specified in the notice, shall be presumed to have been delivered. OCSD 15-01-1 The call or notice shall specify the time and place of the special meeting, a description of the business to be transacted, and copies of all pertinent written materials. Such written notice may be dispensed with as to any Director or Alternate Director who, at or prior to the time the meeting convenes, files with the Clerk of the Board a written waiver of notice. Such waiver may be given by facsimile or electronic mail. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The Clerk of the Board shall diligently attempt to notify each Director personally of the time, place and purpose of said meeting, not less than twenty-four (24) hours before the time of said meeting. The call or notice shall be posted in the administrative offices' public lobby at least twenty-four(24) hours prior to the special meeting. C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned regular, special, or adjourned special meeting, there is not a quorum of Directors present, the Clerk of the Board may declare the meeting adjourned to a stated time and place and shall cause written notice of the adjournment to be given in the same manner as for a special meeting, unless such notice is waived as provided for in special meetings. Within twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held. D. Notices to News Media. When any local newspaper of general circulation, radio or television station requests, in writing, notices of meetings of the Board of Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said request, deliver notices of regular, regular adjourned, and special adjourned meetings to such newspapers, radio or television stations. Delivery shall be made in the same manner as delivery is made to the Directors. E. Conduct of Meetings. (1) Procedural Rules. The procedural rules for debate and action shall be as set forth in Table 1, attached hereto and adopted herein by reference. Robert's Rules of Order shall not be applicable or govern the procedures for the conduct of Sanitation District business. (2) Legal Officer. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the presiding officer may direct such question for a ruling to the Board's General Counsel, who shall be the parliamentarian of the Board. (3) Obtaining the Floor and Making Motions. Any member of the Board wishing to speak, or any member of the public wishing to address the Board, must first OCSD 15-01-2 Return to Mende Report be recognized by the Chairperson. The Chairperson must recognize any member of the Board who seeks the floor when appropriately entitled to address the Board. Any member of the Board, including the Chairperson, may bring a matter of business properly before the Board by making a motion. Any member, including the Chairperson, except the member making the motion, may second the motion. Once a motion is seconded, it may be opened for discussion and debate, in accordance with the procedures in Subsection (4) below. (4) Rules for Discussion. Debate, and Deliberation by the Board. The procedures for consideration and action on all matters to come before the Board shall be in compliance with the terms of this Section, as follows: (a) Each item on the Agenda will be introduced in a form of a report by either Staff or Counsel. (b) Upon completion of the report, the Chairperson will allow for direct questions regarding the item, by Directors, each in turn, and in the order as selected by the Chairperson. (c) Upon completion of the question period, the Chairperson will entertain a motion and second for consideration by the Board. (d) Discussion among the Directors will follow. Each Director will be recognized to address the Board in the order selected by the Chairperson, with a five (5) minute time limit for each Member wishing to speak on the Agenda item, unless the time limit is waived by the Chairperson. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Board Member attempting to interrupt will be asked to remain silent until recognized. (a) As an additional courtesy to everyone, repetition of comments will be discouraged in the interest of time, and at the discretion of the Chairperson, can be declared out-of-order. (f) After each Member who wishes to speak has been recognized and completed his/her remarks, a single three (3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson. (g) If it appears to the Chairperson that any Director is pursuing a line of questioning or commentary due to lack of preparation or prior review with the District's Staff, the Director's time will be declared to have been used up, and no further inquiry will be allowed. (h) Upon adoption of a motion on an Agenda item, there will be no further discussion of that item. OCSD 15-01-3 (5) Decorum in Debate. All Members shall address their remarks to the Chairperson and confine them to the business then pending and subject to discussion before the Board, avoiding personalities and reflections upon anyone's motives. (6) Closing or Limiting Debate. At all times the Board shall endeavor to allow free and open debate among Members of the Board. However, in the discretion of the Chairperson, it may become necessary to close or limit debate, so that action can be taken by the Board. An order by the Chairperson closing or limiting the debate can only be set aside by a majority vote of the Board. F. Quorum. A majority of the Directors shall constitute a quorum of the Board. G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. If only one individual is nominated for Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Chairperson, no election shall be held in June, and the individual shall assume office July 1". If only one individual is nominated for Vice Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Vice Chairperson, no election shall be held in June, and the individual shall assume office July 151. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson. OCSD 15-01-4 Return to Mende Report H. Presiding Officer. The Chairperson of the Board shall preside during meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall preside. I. Clerk of the Board and Minutes. The Board of Directors shall have a person designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to the position by the General Manager and shall report to the General Manager or a Department Head as designated by the General Manager. The Clerk of the Board will be a regular full time employee, subject to all the rules and policies applicable to all regular full time employees. The Clerk of the Board shall attend all meetings of the Board of Directors, unless excused by the Chairperson, and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting; provided, however, that when an adjourned, special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting, Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors, the Clerk of the Board will not record the name of the Director who moves or who seconds the adoption of a motion or Resolution, except the vote of any individual Director shall be recorded upon that Director's request. The Minutes will reflect the votes by name of Director when required by provisions of state law. In the absence of the Clerk of the Board, a Secretary Pro Tem shall be appointed to exercise the duties of the Clerk of the Board. J. Regular Business to Come Before the Board of Directors. Insofar as practicable, all items of business to be taken up at a regular meeting of the Board shall be submitted to the Clerk of the Board, who shall include on the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The Clerk of the Board shall mail to each Director a notice of such regular meetings, together with a proposed Agenda, not later than the Friday immediately preceding such regular meetings. Said Agenda, insofar as possible, shall include copies of Resolutions, except as hereafter provided, and a description of all matters to be considered, together with any pertinent written materials. Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting. Resolutions designated as "standard" and adopted by the Board of Directors from time to time, and approved as to form and content, need not be included with said Agenda; provided, however, that the information completing said standard Resolutions OCSD 15-01-5 shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be on file with the Clerk of the Board at the meeting time and place. Items of business not known at the time the regular Agenda is mailed as herein provided, may be considered as supplemental Agenda items; provided that all requirements of the Ralph M. Brown Act (California Government Code Sections 54950 at seg.) are satisfied. No business, except with consent of two-thirds of the Directors present (a majority of Directors present for emergency actions), and only if permitted by the Ralph M. Brown Act, not appearing on the regular or supplemental Agendas may be brought before the Board of Directors. The meeting Agenda shall provide for an opportunity for members of the public to address the Board on items on the Agenda and non-Agenda items of public interest. As determined by the Chairperson, speakers may be deferred until the specific Agenda item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on non-Agenda items may address only items that are within the subject matter jurisdiction of the Board of Directors. Time allotted for such presentations is limited to three (3) minutes or less. Total time allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to one (1) hour, taking into consideration the number of persons filing a request to address the Board. However, time allotments may be waived by a majority vote of the Board. K. Handling of Business and Voting. During the course of a Board meeting, routine matters listed on the Agenda for consideration will be referred to by Agenda Item Number only. Voting on all Resolutions shall be by roll call, except if waived by unanimous voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the motion or Resolution under discussion. The name of each Director shall be called only once. On matters of considerable interest or on which there appears to be a controversy, the motion or Resolution shall be read by title or repeated by the Chairperson. The Chairperson shall thereafter call for discussion of the motion or Resolution, at which time any member may discuss the pending matter. Any person other than a Director present at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion as to the extent of discussion outside of the membership of the Board shall rest with the Chairperson. At the close of discussion, the Chairperson may, at the Chairperson's discretion, repeat the motion or Resolution pending, and thereafter, call for a vote. The Clerk of the Board shall determine and state whether or not a motion or Resolution is adopted by roll call vote. On all other matters, the Chairperson shall determine the outcome of the voting. OCSD 15-01-6 Return to Mende Report L. Committees. (1) Standing Committees. (a) Steering Committee: There shall be a permanent Committee designated as the Steering Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, the Chairperson of each of the Standing Committees, and three at-large members selected by the Chairperson of the Board. The Vice Chairperson of each of the two Standing Committees shall serve as the designated Alternate, in the absence or inability to serve by any Chairperson. The Committee shall also conduct an annual performance evaluation of the General Manager and submit recommendations on his/her compensation to the Board of Directors. The Committee shall also review the General Manager's evaluation and compensation of the executive management employees, based on established criteria, and executive management's goals and objectives for the following year. The Committee shall also conduct an annual performance evaluation of General Counsel and submit recommendations to the Board of Directors as provided by Resolution OCSD 12-03. The Committee shall receive written requests for a hearing, set hearings or deny the request for a hearing on appeals concerning permit suspension, revocation, or denial as provided by Ordinance OCSD-37. The Committee shall make recommendations to the Board of Directors on labor negotiations and other related activities as may be needed or appropriate. The Committee shall also be authorized to assign new subjects of significant importance to the appropriate Standing Committee for study, evaluation and recommendation. The Steering Committee shall meet on the fourth Wednesday of each month at 5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board of Directors. (b) Administration Committee: There shall be a permanent Administration Committee (Finance, Human Resources and Information Technology) to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative and personnel policies and programs of the District. The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and counsel the Staff during the budget process to assure the proper OCSD 15-01-7 interpretation and implementation of the Board's policies and that the desired procedures have been followed. The responsibility for consideration and adoption of the District budget rests with the Board of Directors. The Committee shall periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the District's accounts with representatives of the outside audit firm, including any comments received recommending improvements. The Committee shall review management's response to these comments and make appropriate recommendations for implementation. Periodically, the Committee shall recommend employment of an outside firm to audit internal control procedures to safeguard the assets of the District. The Committee shall interview and make recommendations on the employment of investment-banking firms, bond counsel, and if necessary or desired, financial advisors, to be used in connection with the District's financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the District's operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures, insurers and coverage, procurement procedures, and such other related activities as may be needed or appropriate. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson for the Administration Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Administration Committee shall consist of thirteen members, as follows: (1)The Chairperson of the Board of Directors; (2)The Vice Chairperson of the Board of Directors; (3)The Committee Chair of the Administration Committee; (4)The Committee Vice Chair of the Administration Committee; and OCSD 15-01-8 Return to Mende Report (5) Nine additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on the Operations Committee shall be eligible to serve on the Administration Committee. The Administration Committee shall meet on the second Wednesday of each month at 5:30 p.m., or at the call of its Chairperson. (c) Operations Committee. There shall be a permanent Committee designated the Operations Committee (Engineering, Operations & Maintenance and Technical Services). With the goal of compliance with all public health and environmental laws and regulations, the Operations Committee shall review and submit appropriate recommendations on the matters pertaining to the operation of the District Treatment Works, including such matters as current and projected service/flow needs, level and quality of treatment, conservation, recycling and reuse activities, and air quality issues. The Committee shall also review issues pertaining to the District's NPDES Ocean Outfall Discharge Permit, including annual review of the contractor(s) performing the ocean monitoring and research programs required as a condition of said permit, and related issues regarding protection of the marine waters off metropolitan Orange County's coastline from impacts resulting from the District's operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the District to provide sewerage services to areas outside the District's boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the District, explore alternatives and make recommendations to the Board of Directors. The Operations Committee shall also review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs, including the selection of professional consulting services to assist in studying, planning and designing needed District Treatment Works and support facilities, including computerized systems, in accordance with the Board's established policies and procedures for procuring such services; the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto. In carrying out its responsibilities, the Committee shall receive advance notice and regular OCSD 15-01-9 status reports on the projects from Staff, and monitor, visit and observe the District Treatment Works' operational functions and major capital construction projects. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson of the Operations Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Operations Committee shall consist of fourteen members, as follows: (1)The Chairperson of the Board of Directors; (2)The Vice Chairperson of the Board of Directors; (3)The Committee Chair of the Operations Committee; (4)The Committee Vice Chair of the Operations Committee; and (5) Ten (10) additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on Administration Committee shall be eligible to serve on the Operations Committee. The Operations Committee shall meet on the first Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (d) Legislative and Public Affairs Committee: There shall be a permanent Committee designated as the Legislative and Public Affairs Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, and five at-large members selected by the Chairperson of the Board. The Committee shall advise the Staff and make recommendations on matters related to the legislative and public affairs programs of the District. The Legislative and Public Affairs Committee shall meet on the second Monday of each month at 8:00 a.m. or at the call of the Board Chair. (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, or the Chairperson of a Standing Committee, or a majority of the Directors, may appoint from time to time, Special or Ad Hoc Committees to study and report on specific matters. Such Committees shall be temporary in nature, and their assignments shall pertain to a current, specific issue. Upon completion of the assigned task, the Ad Hoc or Special Committee will be dissolved. OCSD 15-01-10 Return to Mende Report The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall be appointed by the Chairperson of the appointing authority. Each Special and Ad Hoc Committee shall meet at the call of its Chairperson. M. Motion to Refer to a Standing Committee. Any Director at a Board meeting may move to have a policy or any other activity affecting the Sanitation District, or any one of the member Agencies, referred to a Standing Committee for study and report. This motion shall be a privileged motion, and when duly seconded, discussion thereof shall be limited to Directors only. Said motion shall receive an affirmative vote of a majority of the Directors for adoption. Section 2: Procedure for Consideration of Demands for Corrective Action. A. Requirement of Written Demand. Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Board void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk of the Board a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the Clerk of the Board within thirty (30) days of the complained of action. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action to have been taken in violation of Sections 54953, 54954.2, or 54956 of the California Government Code. B. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the Agenda for the next meeting of the Board of Directors. If the demand is received less than seventy-two (72) hours prior to the time set for the next meeting, the Board may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the Agenda, and may consider it at that meeting pursuant to Section 1(J) above. A description of any item so placed on the Agenda shall include both consideration of the demand, and the possibility of corrective action by the Board. In considering such demands, the Board shall first determine, by motion, whether corrective action should be taken. If no motion to take corrective action is carried, the Clerk of the Board shall inform the demanding party in writing of the Board's decision not to cure or correct the challenged action. C. Implementing Corrective Action. If a motion to take corrective action passes, the Chairperson may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the OCSD 15-01-11 consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out-of-order if the action complained of (a) was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness, or any contract, agreement, or incident thereto; or(b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand.Section 3: Resolution No. OCSD 10-06 is hereby repealed. Section 4: This Resolution shall become effective immediately. PASSED AND ADOPTED at a regular meeting held January 28, 2015. Tom Beamish Board Chair ATTEST: Maria E. Ayala Clerk of the Board OCSD 15-01-12 Return to Mende Report STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Maria E. Ayala, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 15-XX was passed and adopted at a regular meeting of said Board on the 28t" day of January, 2015, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28th day of January, 2015. Maria E. Ayala Clerk of the Board of Directors Orange County Sanitation District OCSD 15-01-13 TABLE 1 BOARD PROCEDURES AND ORGANIZATION SUMMARY OF MOTIONS A. PRIVILEGED MOTIONS Kind of Second Vote Motion Required Debatable Amendable Required Purpose Adjourn Yes No No Majority To end the meeting To Take a Yes No No Majority To interrupt a Recess meeting for a short time or to provide an intermission Raise a No No No None To obtain action Question of immediately in an Privilege emergency B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS Kind of Second Vote Motion Required Debatable Amendable Required Purpose Main Yes Yes Yes Majority To introduce new Motion business Amend Yes Yes Yes Majority To modify or alter Main a motion Motion Substitute Yes Yes Yes Majority To replace the Motion main motion entirely Previous Yes No No Majority To close debate Question on the main or OCSD 15-01-14 Return to Mende Report Kind of Second Vote Motion Required Debatable Amendable Required Purpose amended motion immediately Continue to Yes Yes Yes Majority To defer action a Certain Time To Table Yes No No Majority To discontinue consideration until brought back by vote of the Board Take a Yes No No Majority To bring before Motion the group a from the motion previously Table tabled Limit or Yes No Yes Majority To limit or extend Extend limits of debate Limits of Debate Refer to a Yes Yes Yes Majority To place business Committee in hands of a Committee Withdraw a No No No None To withdraw a Motion motion before it is voted on Reconsider Yes Yes No Majority To secure a new must be by a vote on a motion Director who previously voted voted for the upon prevailing side on the original motion OCSD 15-01-15 C. INCIDENTAL RULES NON-RANKING Kind of Second Vote Motion Required Debatable Amendable Required Purpose Request to Yes No No Two-Thirds To facilitate Suspend business the Rules ordinarily contra to the rules of the organization Override Yes No No Majority To have Board Order of majority rule o the Chair the order Point of No No No None To enforce the Order rules of the organization OCSD 15-01-16 STEERING COMMITTEE Neebng Dare TOBE.Of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Number 2 8 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: APPROVAL OF DRAFT 2015 LEGISLATIVE PLAN GENERAL MANAGER'S RECOMMENDATION Approve the Orange County Sanitation District 2015 Legislative Plan. SUMMARY Since 2006, the Orange County Sanitation District (OCSD) has annually approved a Legislative Plan which provides a list of key issues for OCSD's staff, management, Board of Directors and legislative advocates to follow during the legislative year. Additionally, the Legislative Plan provides direction to the staff and management on how to coordinate advocacy efforts with wastewater associations and state and federal legislative bodies. PRIOR COMMITTEE/BOARD ACTIONS 2006-2014, annually approve the OCSD Legislative Plan ADDITIONAL INFORMATION Legislative Team Contacts: Name Organization Email Phone Rebecca Long JOCSD I rlon ocsd.com 714-593-7444 Jennifer Cabral JOCSD I jcabral@ocsd.com 714-593-7581 Page I of 6 The following Federal and State priorities and tactics has been compiled by the OCSD's Legislative team to serve as a working guide on key legislative issues: Federal Priorities • Support legislation that provides below market rate assistance to construct treatment facilities such as infrastructure banks. • Support at least $1.5 billion in annual federal appropriations to State Revolving Fund (SRF). • Support legislation to revise the SRF allocation formula to reflect appropriate and fair share of funding to California. • Remove restrictions on the use of tax-exempt financing in conjunction with alternative financing tools (WIFIA). • Remove State Volume Caps on water and wastewater private activity bonds to allow for innovative financing options such as public private partnerships. • Oppose restrictions on tax-exempt financing for public infrastructure. • Seek Federal funding for projects, including infrastructure funding, water recycling, ecosystem restoration and alternative energy projects. • Support development of CASA and NACWA's legislative priorities. • Work with Congress to develop cost effective mandates to reduce compliance costs. • Work with Congress and USEPA on proposals to modernize the Clean Water Act and Clean Air Act. Federal Tactics Initiative Action 1. Identify and advise on . Monitor federal agency competitive grants federal funding announcements for funding of alternative energy, opportunities for OCSD bioenergy, water recycling, beach protection and infrastructure projects habitat conservation projects • Schedule meetings with Federal agency officials stakeholders and senior officials in D.C. and district offices to build support for OCSD priority projects 2. Seek funding support . Resubmit proposal for the WaterSmart grant if for water recycling funding for feasibility studies becomes available feasibility study . Seek congressional letters of support for study assistance . Arrange for meetings with key USBR officials to discuss proposed project . Work with OCWD to ensure coordination on requested assistance Arrange for tour of OCSD facility by federal officials to gain understanding of project needs Page 2 of 6 3a. Seek funding support . Work with hydrogen partners to develop next phase for continuation of project activities hydrogen fueling station . Meet with U.S. Department of Energy and U.S. Environmental Protection Agency federal officials to discuss project continuation • Secure support for unsolicited proposal 3b. Seek funding • Meet with U.S. Department of Energy staff to assistance to advance discuss funding opportunities and options recovery of energy from • Work with other agencies to advance technologies biosolids 4. Seek funding • Meet with congressional delegation to seek support assistance/credit for Santa for assistance to remove rip rap Ana River Rip Rap removal • Work with Regional Partners to advance (SAWPA) Meet with U.S. Army Corp of Engineers officials to review status of rip rap removal and permit compliance issues 5. Seek funding for • Submit request to delegation for support in fiscal infrastructure project needs year 2016 budget for project assistance 6. Support continued public • Work with NACWA and CASA in support of financing continued use of tax-exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches Submit testimony on tax-exempt financing 7. Support drought relief • Work with delegation to ensure incorporation of legislation that supports new programs for water recycling assistance water recycling assistance • Work with NACWA, CASA, ACWA to advance priority 8. Work with federal • Work with the U.S. Environmental Protection agencies on permitting Agency Office of Water and Office of Air on issues emerging issues of concern Work with U.S. Department of Energy on alternative energy permitting issues Work with U.S. Fish and Wildlife Service on environmental site assessment issues State Priorities • Secure State funding including Prop 1, for the final expansion of GWRS and ongoing capital projects. • Secure funding through grants and legislation for the planning and feasibility studies, as well as capital infrastructure improvements, at Plant No. 1 and Plant No. 2. Page 3 of 6 • Work with the current administration, legislators and their staff, key stakeholders, and statewide associations to advocate for OCSD's desired goals. Amend, support and/or oppose legislation that may impact OCSD and its operations. • Continue to monitor the state budget and actively protect local property taxes. • Monitor pension reform legislation for clean-up bills. • Support efforts to competitively seek funding for projects that meet the state's goals of expanded water supply and energy reduction. • Oppose additional and redundant regulatory requirements that do not create a statewide management program for biosolids. State Tactics Initiative Action 1. Develop a proactive . As legislation is introduced between January and legislative advocacy February, and as bills are amended, identify agenda legislation that has the potential to impact OCSD Recommend positions on identified legislation in alignment with OCSD's legislative agenda . Create and continually update a legislative matrix to track identified pieces of priority legislation • Schedule advocacy days in Sacramento with legislators and committee staff • Continue an active letter writing campaign in support or opposition of priority legislation Schedule meetings with legislators, stakeholders and senior officials in Sacramento and district offices to build support for OCSD priority projects • Participate in CASA legislative committees 2. Compile a . Meet EMT to discuss future capital projects and comprehensive list of priorities Capital Improvement . Match capital improvements with funding projects opportunities based on project eligibility Page 4 of 6 3. Monitor and advise on . Identify opportunities included in the water bond funding opportunities related to: Water recycling-$725 million available through Prop 1 Integrated Regional Water Management section-$69 million . Proactively engage on the drafting of grant funding guidelines, and provide input to drafting agency or committee to ensure eligibility of OCSD projects and priorities are met . Proactively engage on proposed legislation that would have an impact on the implementation of funding guidelines and OCSD priorities . Identify funding opportunities and provide recommendations for eligible projects . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 4. Monitor and advise on . Monitor future solicitations and track guideline funding available changes to the Water-Energy grant: a $20 million through Cap and Trade opportunity . Identify eligible and competitive projects and programs . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 5. Monitor and advise on . Track energy related grant opportunities energy related funding . Identify potential projects for funding, including, but opportunities not limited to: alternative energy, biosolids to energy conversion, and GHG reduction projects . Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity 6. Schedule and attend . Educate current administration, key staff, and advocacy and outreach agencies on priority projects and advocate for meetings to provide funding allocations that align with OCSD priorities OCSD project updates . Schedule stakeholder meetings to build support for projects . Hold advocacy meetings in coordination with funding opportunities and project timelines . Work with relevant budget committees, budget sub- committees, policy committees and their staff to advocate for funding allocations that align with OCSD priorities . Provide full briefings and updates to Orange County legislative delegation and relevant members on OCSD priority projects Page 5 of 6 7. Regulatory relief to allow Outreach with Department of Toxic Substances, for water recycling and State Water Resources Control Board, the govemor's expansion of GWRS for office, legislative leadership and other appropriate all water flowing into stakeholders Plant No. 2 8. Development and . Develop outreach calendar in conjunction with advocacy for design- legislative deadlines and developments build legislation targeted Create and update a legislative matrix to track at OCSD projects identified pieces of legislation • Schedule briefings and updates with Orange County legislative delegation and relevant members on OCSD related legislative impacts and benefits 9. Development and Work in conjunction with CASA to outreach, educate implementation of a and develop an advocacy strategy for regulatory statewide biosolids land framework that will support statewide objectives to application management manage biosolids land application policy CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE NA ATTACHMENTS The following affachments(s)are attached in hard copy and may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package and attachments: • OCSD 2015 Legislative Plan Page 6 of 6 Return to Mende Report PSV SNNI iq / O � 90 2 f � iXE Orange County Sanitation District 2015 Legislative Plan Orange County Sanitation District 2015 Legislative Plan Legislative Affairs Team OCSD Staff Rebecca Long,Senior Public Affairs Specialist (714)593-7444 rlong@ocsd.com Jennifer Cabral, Principal Public Affairs (714)593-7581 jcabral@ocsd.com Specialist Robert Ghirelli (714)593-7400 rghirelli@ocsd.com Assistant General Manager Jim Herberg (714)593-7110 jherberg@ocsd.com General Manager Federal Lobbying Team Eric Sapirstein (202)466-3755 esap@ensresources.com ENS Resources Sacramento Lobbying Team Heather Dion (949)399-9050 hstratman@TownsendPA.com Townsend Public Affairs 2 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan Introduction The Orange County Sanitation District(OCSD) recognizes the need for an active state and federal legislative advocacy program to ensure that the interests of the ratepayers and the Board of Directors are protected.Towards that end,the legislative team monitors activities in Sacramento and Washington, D.C. and takes appropriate action in support or opposition of legislative initiatives. Each year,the Board of Directors adopts a legislative plan,which is a summary of OCSD's goals, key issues and policy positions.The following legislative policies have been developed by OCSD staff and legislative advocates in consideration of OCSD's member agencies and policy needs.These Board- approved policies serve as OCSD's official positions of support or opposition on issues of importance to the agency.The legislative plan is a dynamic document,adopted annually and changing to meet the needs of the Board. The legislative team, in conjunction with the Board, may take appropriate action consistent with the legislative plan, including, but not limited to, drafting letters, lobbying legislators and staff and crafting bills. Procedure for Taking Positions on Bills 1. Staff will track bills of greatest interest to OCSD, particularly those that fall within the goals and objectives identified by the Board of Directors.Staff will monitor bills being watched by similar agencies in Orange County(IRWD,SOCWA,OCWD, MWDOC,etc.)as well as state,federal and national associations such as California Association of Sanitation Agencies(CASA),the California Special Districts Association (CSDA)and the Association of California Water Agencies (ACWA) and National Association of California Water Agencies(NACWA). 2. For those bills that are being tracked,where there is clear policy direction stated in the Board- adopted legislative plan or adopted goals,staff can send letters and give direction to the lobbyists to advocate that position. 3. Where a particular issue is not urgent,all legislative letters will be hand-signed by the Chair or Vice-Chair. If a matter is urgent, staff may use the electronic signature,so long as a clear policy direction exists. 4. When a bill does not fall within the scope of the legislative plan or is a politically controversial issue,staff will seek direction from the Legislative and Public Affairs Committee. S. If a bill does not fall within the scope of the legislative plan, but the California Association of Sanitary Agencies(CASA),the California Special Districts Association (CSDA)or the National Association of Clean Water Agencies(NACWA) has an adopted position,staff may follow this position but must inform the Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting. 3 January 2015 Orange County Sanitation District 2015 Legislative Plan Federal Priorities • Support legislation that provides below market rate assistance to construct treatment facilities such as infrastructure banks. • Support at least$1.5 billion in annual federal appropriations to State Revolving Fund (SRF). • Support legislation to revise the SRF allocation formula to reflect appropriate and fair share of funding to California. • Remove restrictions on the use of tax-exempt financing in conjunction with alternative financing tools(WIFIA). • Remove State Volume Caps on water and wastewater private activity bonds to allow for innovative financing options such as public private partnerships. • Oppose restrictions on tax-exempt financing for public infrastructure. • Seek Federal funding for projects, including infrastructure funding,water recycling,ecosystem restoration and alternative energy projects. • Support development of CASA and NACWA's legislative priorities. • Work with Congress to develop cost effective mandates to reduce compliance costs. • Work with Congress and USEPA on proposals to modernize the Clean Water Act and Clean Air Act. Federal Tactics Initiative Action 1. Identify and advise on . Monitor federal agency competitive grants announcements federal funding opportunities for funding of alternative energy, bioenergy,water recycling, for OCSD infrastructure projects beach protection and habitat conservation projects . Schedule meetings with Federal agency officials stakeholders and senior officials in D.C.and district offices to build support for OCSD priority projects 2. Seek funding support for . Resubmit proposal for the WaterSmart grant if funding for water recycling feasibility study feasibility studies becomes available . Seek congressional letters of support for study assistance . Arrange for meetings with key USER officials to discuss proposed project . Work with OCWD to ensure coordination on requested assistance . Arrange fortour of OCSD facility by federal officials to gain understanding of project needs 3a.Seek funding support for . Work with hydrogen partners to develop next phase project continuation of hydrogen activities fueling station • Meet with U.S. Department of Energy and U.S. Environmental Protection Agency federal officials to discuss project continuation • Secure support for unsolicited proposal 4 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan 3b.Seek funding assistance to • Meet with U.S. Department of Energy staffto discuss advance recovery of energy funding opportunities and options from biosolids • Work with other agencies to advance technologies 4.Seek funding • Meet with congressional delegation to seek support for assistance/credit for Santa Ana assistance to remove rip rap River Rip Rap removal • Work with Regional Partners to advance(SAW PA) • Meet with U.S.Army Corp of Engineers officials to review status of rip rap removal and permit compliance issues S.Seek funding for • Submit request to delegation for support in fiscal year 2016 infrastructure project needs budget for project assistance 6.Support continued public • Work with NACWA and CASA in support of continued use of financing tax-exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches • Submit testimony on tax-exempt financing 7.Support drought relief • Work with delegation to ensure incorporation of new legislation that supports water programs for water recycling assistance recycling assistance • Work with NACWA, CASA,ACWA to advance priority 8. Work with federal agencies • Work with the U.S. Environmental Protection Agency Office on permitting issues of Water and Office of Air on emerging issues of concern • Work with U.S. Department of Energy on alternative energy permitting issues • Work with U.S. Fish and Wildlife Service on environmental site assessment issues State Priorities • Secure State funding including Prop 1,for the final expansion of GWRS and ongoing capital projects. • Secure funding through grants and legislation for the planning and feasibility studies,as well as capital infrastructure improvements, at Plant No. 1 and Plant No. 2. • Work with the current administration, legislators and their staff,key stakeholders,and statewide associations to advocate for OCSD's desired goals.Amend,support and/or oppose legislation that may impact OCSD and its operations. • Continue to monitor the state budget and actively protect local property taxes. • Monitor pension reform legislation for clean-up bills. • Support efforts to competitively seek funding for projects that meet the state's goals of expanded water supply and energy reduction. • Oppose additional and redundant regulatory requirements that do not create a statewide management program for biosolids. • Oppose legislation or any regulations that would mandate volumetric pricing of wastewater. • Where appropriate, pursue state funding for critical aging infrastructure,through funding sources made available through the State Water Resources Control Board and Department of Water Resources. 5 January 2015 Orange County Sanitation District 2015 Legislative Plan State Tactics Initiative Action 1. Develop a proactive . As legislation is introduced between January and February,and legislative advocacy agenda as bills are amended, identify legislation that has the potential to impact OCSD . Recommend positions on identified legislation in alignment with OCSD's legislative agenda . Create and continually update a legislative matrix to track identified pieces of priority legislation . Schedule advocacy days in Sacramento with legislators and committee staff . Continue an active letter writing campaign in support or opposition of priority legislation . Schedule meetings with legislators,stakeholders and senior officials in Sacramento and district offices to build support for OCSD priority projects . Participate in CASA legislative committees 2. Compile a comprehensive list . Meet EMT to discuss future capital projects and priorities of Capital Improvement . Match capital improvements with funding opportunities based projects on project eligibility 3. Monitor and advise on . Identify opportunities included in the water bond related to: funding opportunities Water recycling-$725 million available through Prop 1 Integrated Regional Water Management section-$69 million . Proactively engage on the drafting of grant funding guidelines, and provide input to drafting agency or committee to ensure eligibility of OCSD projects and priorities are met . Proactively engage on proposed legislation that would have an impact on the implementation of funding guidelines and OCSD priorities . Identify funding opportunities and provide recommendations for eligible projects . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 4. Monitor and advise on . Monitor future solicitations and track guideline changes to the funding available through Water-Energy grant: a $20 million opportunity Cap and Trade . Identify eligible and competitive projects and programs . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 5. Monitor and advise on . Track energy related grant opportunities energy related funding . Identify potential projects for funding, including, but not opportunities limited to: alternative energy,biosolids to energy conversion, 6 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan and GHG reduction projects . Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity 6. Schedule and attend . Educate current administration, key staff,and agencies on advocacy and outreach priority projects and advocate for funding allocations that align meetings to provide OCSD with OCSD priorities project updates . Schedule stakeholder meetings to build support for projects . Hold advocacy meetings in coordination with funding opportunities and project timelines . Work with relevant budget committees, budget sub- committees, policy committees and their staff to advocate for funding allocations that align with OCSD priorities . Provide full briefings and updates to Orange County legislative delegation and relevant members on OCSD priority projects 7. Regulatory relief to allow for . Outreach with Department of Toxic Substances,State Water water recycling and Resources Control Board,the governor's office, legislative expansion of GWRS for all leadership and other appropriate stakeholders water flowing into Plant No. 2 8. Development and advocacy . Develop outreach calendar in conjunction with legislative for design-build legislation deadlines and developments targeted at OCSD projects . Create and update a legislative matrix to track identified pieces of legislation . Schedule briefings and updates with Orange County legislative delegation and relevant members on OCSD related legislative impacts and benefits 9. Development and . Work in conjunction with CASA to outreach,educate and implementation of a develop an advocacy strategy for regulatory framework that statewide biosolids land will support statewide objectives to manage biosolids land application management application policy Legislative Policies 1. Air Quality:OCSD is committed to complying with federal,state, and local air quality laws and rules.OCSD is further committed to establishing an odor policy to assure that OCSD is a good neighbor to the surrounding communities. a. Support air quality legislation that emphasizes the use of advance technologies and applicable market incentives, and incentives for the use of alternative fuels and the development ofthe infrastructure for alternative fuel vehicles. b. Support measures that maintain and enhance local decision-making authority,where appropriate, in the development and implementation of air quality attainment strategies. 7 January 2015 Orange County Sanitation District 2015 Legislative Plan c. Support legislation to ensure greater consistency between the California and Federal Clean Air Acts; including the need to demonstrate cost-effective public health or environmental benefit if California elects to exceed federal standards. d. Support strategies that clearly demonstrate and provide for the most cost-effective means for meeting air quality goals. e. Support, in concept,legislation that would utilize incentives and pricing strategies as a preferred alternative to traditional command and control regulations for meeting emission reduction objectives for all sources. f. Oppose actions that preclude implementation of the Air Quality Management Plan (AQMP)to the extent that such actions could subject the basin to sanction or conformity penalties. 2. Biosolids:OCSD strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment and offer cost-effective alternatives to land application. a. Support legislation that supports the beneficial use of biosolids on agricultural lands. b. Support policies that encourage biosolids product use by horticulture,commercial,and residential markets. c. Oppose legislation that imposes new mandates or bans the use of biosolids for land application in any region,county,or state. d. Support alternative energy policy that encourages use of biosolids as a renewable energy resource. 3. Grant Funding:OCSD is committed to advancing the state of knowledge in the treatment and management of wastewater through the application of innovative and alternative technologies. To this end,OCSD supports grants assistance to offset its research and special projects. a. Support appropriations legislation, bonds, programs,and projects that provide funding for infrastructure construction and rehabilitation,special studies and research or projects relating to security,environmental education,water quality,wastewater processing,urban runoff,and water recycling. b. Support projects that provide for public benefit,over projects that are primarily intended for private benefit or gain. c. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. 4. Labor Relations:OCSD is committed to the exercise of and provision of orderly procedures for the administration of employer-employee relations, including, but not limited to, meeting and conferring in good faith with recognized employee organizations regarding the wages, hours of work,and other terms and conditions of employment. As Congress considers reforming the federal tax code,many of the provisions subject to reform may impact labor relations. 8 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan a. Support measures to reform current workers compensation formulas to rely on higher thresholds for compensation or a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special districts. c. Support measures to ease applicability of the Fair Labor Standards Act(FLSA)on public agencies. d. Oppose any measure imposing compulsory and binding arbitration with respect to public employees. e. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local bargaining table. f. Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. g. Oppose any measure granting public employees the right to strike. It. Oppose a new mandatory Social Security tax for public employers and public employees. 5. Planning:OCSD ensures the long-range planning of capital improvement programs in order to deliver the highest quality facilities. a. Support reform of existing state, regional,and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. b. Support measures that provide new revenues for growth management and the public facilities necessary to support expected growth. c. Support proposals encouraging regional,sub-regional or countywide cooperation in planning urban development strategies,especially those that provide funding for effective implementation of agreed upon goals. d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation. e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in the Southern California Association of Governments'(SCAG)sub-regional process. 6. Public Health: Protection of public health is OCSD's core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. a. Support hazard mitigation,emergency response,planning and recovery through direct legislation, policy directives and funding toward floodplain security within the Santa Ana River watershed. b. Support(generally) measures that provide for improved public health through regulation. c. Support the protection of public health through the construction and implementation of advanced wastewater treatment technology. 9 January 2015 Orange County Sanitation District 2015 Legislative Plan 7. Public Works:OCSD is committed to the achievement of effective and efficient projects that provides wastewater treatment services that benefit its ratepayers. a. Support measures that provide funding and support to publicly owned treatment works and sewerage collection systems. b. Support legislation that allows public agencies to procure goods and services in manners similar to private industry,thereby reducing overall costs of delivery. c. Support legislation that improves the Utility Underground Service Alert Program in order to improve coordination, identification,minimize damage, minimize environmental risks and minimize cost exposure to publicly owned facilities when contractors are performing sub-surface work. d. Support a comprehensive response to the State's electricity and natural gas shortages that provide a stable energy supply, respects the ability of municipalities to provide power, recognizes that infrastructure(i.e.emergency and standby generators)exists that could be employed temporarily during periods with minimal air quality impact and protects ratepayers(including cities and special districts) against dramatic rate increases and statewide power outages. e. Support legislation that allows OCSD to utilize the Best Value Design/Build option for the construction of public works projects. f. Oppose Buy American mandates legislation that would increase project costs or prevent the use of the most innovative technologies. 8. Revenue and Taxation:Track pending legislation to ensure OCSD remains in compliance with the government code as it pertains to wastewater system user fees and property tax revenues and the investment of public funds. a. Support measures leading to a greater financial independence from the state and would result in greater stability and predictability in local government budgeting. b. Oppose measures that impose mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. c. Oppose legislation that shifts tax revenues away from local governments without the adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of those local governments. d. Oppose measures that allow state retention of existing local revenue sources, including the special district share of property tax,sales tax,vehicle license fees and rate payer fees. e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund programs for which the state is responsible,particularly the courts, health,and welfare programs. 9. Special Districts:OCSD supports the maintenance of special districts to provide specific services, in response citizen's demands,in a cost effective manner. 10 January 2015 Return to Agenda Report Orange County Sanitation District 2015 Legislative Plan a. Support outreach to local, regional,and state elected officials to foster a greater understanding regarding the critical relationship between adequate reserves and the successful short-and-long-term operation of water and wastewater agencies. b. Support the work of the Association of California Water Agencies(ACWA), California Association of Sanitation Agencies (CASA),and California Special Districts Association (CSDA)in any future discussions or negotiations pertaining to the legislative and budget issues relative to preserving control of members'reserves. c. Oppose further state regulations that adversely impact special district financing and operations. d. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by water and wastewater districts. f. Oppose the imposition of unfunded, mandated programs on local governments. g. Oppose efforts that diminish OCSD's ability to govern efficiently and effectively, including expanding the size of the Board of Directors. 10. Water Quality and Supply:OCSD is committed to participating collaboratively in the protection of regional water resources for the benefit of the people we serve. a. Support federal contribution for the removal of rip rap from Santa Ana River. b. Support(generally)measures to increase water supply and improve water quality in the region, including drought relief legislation. c. Support measures that would increase funding for water reuse technologies, including support for the Groundwater Replenishment System project by the Orange County Water District and OCSD to create new water supplies through recycling. d. Support U.S.Army Corps of Engineers projects for Orange County regarding watershed and water quality protection and sand replenishment. e. Support measures that promote and provide for the use of reclaimed water. f. Support"watershed-based" solutions,including cost-shared studies with the US Army Corps of Engineers of water quality impairments that reflect state-of-the-art science. g. Support policy development,funding, and research for addressing urban runoff and beach closures, including funding for studies that identify the sources of bacterial,viral and other contaminants and human pathogens. h. Support measures to evaluate water quality standards,as needed,to ensure the objectives are appropriately protecting the designated use. L Support legislation that would direct USEPA levied fines to remain in the region. j. Support legislation that clarifies the use of Clean Water Act citizen suits that are frivolous and/or abusive of congressional intent. k. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects, including integrated permitting 11 January 2015 Orange County Sanitation District 2015 Legislative Plan approaches that can reduce costs and achieve water quality improvements while allowing permits to be tailored to the needs of Orange County and its watershed. I. Support national aspirational goal through legislation that promotes improved water use efficiency in construction of water efficient buildings and communities. m. Support legislation that promotes improved water use efficiency through state and federal assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. n. Support legislation that provides for the development of the watershed approach, including watershed management plans and watershed-based permitting. o. Oppose proposed environmental constraints on government agencies that would result in economic damage to the region while providing only minimal protections. p. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is privately caused or regional in nature(e.g.,when the nexus between those responsible for environmental abuse and those required to pay for cleanup or mitigation is absent). q. Support measures to provide federal assistance to support urban runoff studies and urban runoff reduction. r. Support federal BEACHES Program to ensure that clean beach projects remain a top priority for the state,whether through negotiations on upcoming resources bonds, in setting of legislative priorities, implementation of funding programs,and in any other relevant process. 12 January 2015 ITEM NO. 9 MINUTES LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE MEETING Orange County Sanitation District The Legislative and Public Affairs Special Committee meeting convened on Monday, January 12, 2015, at 8:14 a.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager Tom Beamish, Board Chair Bob Ghirelli, Assistant General Greg Sebourn, Operations Committee Manager Vice-Chair Nick Arhontes, Director of Facilities David Benavides, Director Support Services Tyler Diep, Director Jeff Reed, Director of Human Lucille Kring, Director Resources Rob Thompson, Director of Engineering COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations & John Nielsen, Board Vice-Chair Maintenance John Withers, Administration Lorenzo Tyner, Director of Finance & Committee Chair Administrative Services Maria E. Ayala, Clerk of the Board Jennifer Cabral Jim Colston Norbert Gaia Al Garcia Rebecca Long OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Ian Delzer, Townsend Public Affairs Heather Stratman, Townsend Public Affairs Minutes of the Legislative and Public Affairs Special Committee January 12,2015 Page 2 of 3 PUBLIC COMMENTS: None. REPORTS: No reports were provided. CONSENT ITEMS: 1. MOVED, SECONDED, and DULY CARRIED to: Approve the minutes for the Committee meeting held on December 8, 2014. AYES: Beamish; Benavides; Kring; and Seboum NOES: None ABSTENTIONS: None ABSENT: Diep; Nielsen; and Withers INFORMATIONAL ITEMS: 2. OCSD Public Affairs Update Jennifer Cabral, Principal Public Affairs Specialist, provided the public affairs update that included information on: District's Annual Report; construction outreach; Board Orientation; Social Media; etc. The Committee was provided with copies of the Annual Report and a sample invitation for a public hearing. NON -CONSENT: Rebecca Long, Sr. Public Affairs Specialist, provided a detailed report on the District's proposed Legislative Plan. Heather Stratman from Townsend Public Affairs and Eric Sapirstein from ENS Resources, also provided their report on the state and federal legislative plans respectively. Director Diep arrived at the meeting at 8:32 a.m. Minutes of the Legislative and Public Affairs Special Committee January 12,2015 Page 3 of 3 3. MOVED, SECONDED and DULY CARRIED TO: Approve the Orange County Sanitation District 2015 Legislative Plan. AYES: Beamish; Benavides; Diep; Kring; and Seboum NOES: None ABSTENTIONS: None ABSENT: Nielsen; and Withers OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Sebourn commended the District on the signage around the District's construction project in the City of Newport Beach. Chair Beamish thanked Mr. Sapirstein for attending the meeting in person (from Washington DC). ADJOURNMENT: Chair Beamish declared the meeting adjourned at 8:57 a.m. Submitted by: Maria E. Ayala Clerk of the Board ITEM NO. 10 MINUTES GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE STEERING COMMITTEE Monday, October 13, 2014 @ 5:00 p.m. ROLL CALL 2014 Committee Members Roger Yoh OCWD Director, Chair ......................................... Present Tom Beamish OGSD Director,Vice Chair.................................. Present Philip Anthony OCWD Director ................................................... Present John Nielsen OCSD Director .................................................... Not Present Kathryn Barr OCWD Director..................................................... Present Jim Ferryman OCSD Director .................................................... Present Alternates Cathy Green OCWD Director(No. 1)......................................... Present Brett Murdock OGSD Director (No. 1)......................................... Present Harry Sidhu OCWD Director(No. 2) ... ............................... Not Present Greg Sebourn OCSD Director (No. 2)......................................... Present Jan Flory OCWD Director(No. 3)......................................... Not Present `Steve Jones OCSD Director (No. 3) ...............(arrived 5:10 pm) Present Staff/Consultants Present Mike Markus, General Manager Jim Herberg, General Manager, OCSD Mike Weimer, OCWD Kathleen Millea, OCSD Jason Dadakis, OCWD Cindy Murra, OCSD Bill Dunivin, OCWD Marco Guardi, OCSD Judy-Rae Karlsen, OCWD Eros Young, OCSD Mehul Patel, OCWD Lorenzo Tyner, OCSD Sandy Scott-Roberts, OCWD Rich ten Bosch,Jacob Holden-Black&Veatch John Kennedy, OCWD Luke Wendel, Parsons Paula Bouyounes, OCWD Debbie Bums, DDB Engineering Curt Horner, Damon Yates- McCarthy Building Companies Action Vote *Vice Chair Tom Beamish (OCSD)reported that OCSD appointed Director Steve Jones (Garden Grove)as Alternate 3 to the GWRS Steering Committee. Approved 1. MINUTES OF PREVIOUS MEETING 6-0 Motion -Anthony RECOMMENDATION: Second- Beamish Yes- Yoh Approve Minutes of the July 14, 2014 GWRS Groundwater Barr Replenishment System Steering Committee meeting as Anthony presented Beamish Ferryman Sebourn No-O INFORMATIONAL ITEMS Verbal report by 2. GWRS INITIAL EXPANSION CONSTRUCTION UPDATE OCWD Informational Verbal report by 3. GWRS OPERATIONS UPDATE OCWD Informational 4. UPDATE ON THE OCSD Pi-101 SLUDGE DEWATERING AND ODOR CONTROL PROJECT Verbal report by Informational OCSD 5. FLOW AVAILABILITY FROM OCSD FOR THE GWRS Verbal report by Informational INITIAL EXPANSION OCSD 6. DISCUSSION OF POTENTIAL JOINT OCSD/OCWD Verbal report by Informational NIGHT TIME SECURITY PATROLS OCSD 7. NEW OCWD AND GWRS WEBSITE UPDATE Verbal report by Informational OCWD 8. QUARTERLY OUTREACH REPORT Informational DIRECTORS COMMENTS Next meeting GENERAL MANAGER COMMENTS JanUa 12,2015 ADJOURNMENT 6:30 p.m. STEERING COMMITTEE Meath,Dare TOBd.of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Number 4 11 Orange County Sanitation District FROM: James D. Ruth, Chief Negotiator CHIEF NEGOTIATOR'S RECOMMENDATION Adopt Resolution No. OCSD 15-02, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." SUMMARY The MOUs between OCSD and the Supervisor Group and Professional Group bargaining units that became effective on July 1, 2010 expired on June 30, 2013. The District and the Supervisory and Professional Management Group (SPMG) began the meet and confer process for a successor MOU in April 2013. Negotiations continued for a period of 21 months, during which time 16 proposals were exchanged. On December 17, 2014, the Board of Directors directed the Chief Negotiator to make a counter proposal to SPMG including a three-year contract with 0% salary increase in the first year, 2% in the second year, and 2% in the third year. OCSD delivered this counter proposal to SPMG on December 13, 2014. SPMG's membership ratified the proposal by majority vote on January 12, 2015. The key points include the following: • Salary Increases (3-Year Cost: $2.42M, all-inclusive of benefits) - 0% in Year 1; 2% in Year 2; and 2% in Year 3, for an average of 1.3% annually. • Medical Reopener - Parties agree to reopen negotiations in February 2015 regarding health insurance carrier and/or plan design changes in order to achieve cost containment. • Classification & Compensation Study - OCSD agrees to include a representative from the Supervisor Group and the Professional Group to participate as a partner in the agency-wide Classification & Compensation study. Page 1 of 6 PRIOR COMMITTEE/BOARD ACTIONS In preparation for and during the meet and confer process, the Chief Negotiator received direction for labor negotiations with SPMG from the Steering Committee and the Board of Directors. The SPMG meet and confer process was agendized for discussion at the following Committee/Board meetings in closed session: • May 22, 2013 — Steering Committee and Board Meeting • June 12, 2013 — Special Board Meeting • June 26, 2013 — Steering Committee and Board Meeting • August 28, 2013—Steering Committee and Board Meeting • September 25, 2013 — Steering Committee and Board Meeting • November 20, 2013 — Steering Committee and Board Meeting • December 18, 2013 — Steering Committee and Board Meeting • February 26, 2014 — Steering Committee and Board Meeting • March 26, 2014— Steering Committee and Board Meeting • April 23, 2014 — Steering Committee and Board Meeting • May 28, 2014 — Steering Committee • June 25, 2014 — Steering Committee and Board Meeting • July 23, 2014— Steering Committee and Board Meeting • August 27, 2014— Steering Committee and Board Meeting • October 22, 2014— Steering Committee and Board Meeting • November 19, 2014 — Steering Committee and Board Meeting • December 17, 2014 — Steering Committee and Board Meeting ADDITIONAL INFORMATION The Supervisory and Professional Management Group is the recognized employee organization certified to provide exclusive representation over wages, hours of work, and other terms and conditions of employment for exempt employees in the Supervisor Group and Professional Group bargaining units. There are 255 exempt employees represented by the Supervisory and Professional Management Group. The Supervisor Group consists of 53 employees and the Professional Group consists of 202 employees. Employees in these Groups are assigned to classifications that perform frontline supervisory duties and program-related development, implementation and analytical duties associated with supporting the collection, treatment and recycling of wastewater. Some supervisory classifications are assigned to a 365-day per year, 7-day per week, 24-hour per day operation. The meet and confer process with SPMG was initiated on April 2, 2013 when the District received SPMG's initial proposal. That one-year proposal included enhancements in the following areas: Page 2 of 6 SPMG'S INITIAL PROPOSALS • Duration o One-Year Term (July 1, 2013 through June 30, 2014) • Salary Adjustments 0 4% Salary Increase 0 2.7% Salary Increase Based on Previous Three Years' Consumer Price Index (CPI) o Salary Increase Equal to the Current Year's CPI o Realignment of certain classifications and salary ranges • Hours of Work o Stricter criteria for work schedule changes; disagreements subject to grievance procedure and binding arbitration. • Promotions o District to evaluate all internal applicants prior to determining whether to open recruitments to external applicants. If there are at least three (3) minimally qualified internal applicants, position to be filled through internal recruitment. • Classification Studies o Add option for arbitration for disagreements regarding classification studies. These opening proposals and subsequent proposals from SPMG were rejected by OCSD. Therefore, negotiations continued from April 2013 through December 2014, with little movement. On December 9, 2014, SPMG issued a counter proposal to OCSD including a three- year contract with 0% in the first year, 2% salary increase and $1,000 non-base building payment in the second year, and 2% salary increase in the third year. The Chief Negotiator presented this counter proposal to the Steering Committee and Board of Directors on December 16, 2014. The Board of Directors directed the Chief Negotiator to reject SPMG's proposal and issue a counter proposal including the same terms with the exception of the $1,000 non-base building payment. Based on Board direction, OCSD issued a counter proposal to SPMG on December 18, 2014, including three-year contracts with 0% in the first year, 2% salary increase in the second year, and 2% salary increase in the third year. SPMG distributed the proposals to their membership for voting, and SPMG's membership ratified the proposals by majority vote on January 12, 2015. Page 3 of 6 The agreements include the following key items: • Salary o Year 1 — 0% Salary Increase. o Year 2 — 2.0% Salary Increase, effective the first pay period of July 2014. o Year 3 — 2.0% Salary Increase, effective the first pay period of July 2015. • Medical Reopener o Medical reopener in February 2015 to discuss the transition from Anthem to Blue Shield through California State Association of Counties — Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and varied plan design changes in order to mitigate excise taxation in 2018 and achieve cost containment. • Potential strategies for consideration include, but are not limited to, the following: plan design changes to office and specialist copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings such as a high deductible health plan with health savings account funding. • Classification & Compensation (C&C) Studv o OCSD agrees to include a representative from the Supervisor Group and the Professional Group to participate as a partner in the agency-wide C&C study. The total cost is $2.42M over the term of the agreement, which is all-inclusive of benefits. Listed below is a summary of all of the proposed changes in the tentative agreements by article number: FINAL MOU AGREEMENTS Article 1.0— Recognition: Effective date is July 1, 2013. Article 2.0— Duration: Terminates June 30, 2016. Article 3.0— Successor Agreement: No change. Article 4.0— Group Access: No change. Article 5.0— Group Rights: No change. Article 6.0— District Rights: No change. Article 7.0— Nondiscrimination in Employment: No change. Article 8.0— Smoke-free Work Environment: No change. Article 9.0— Safety: No change. Article 10.0— Discipline and Dismissal: No change. Article 11.0— Grievance Procedure: No change. Article 12.0— Problem Solving Procedure: No change. Article 13.0 — Salary Adjustments and Compensation: Year 1: 0% Salary Increases, Year 2: 2% Salary Increases, and Year 3: 2% Salary Increases; removal of outdated language regarding salary reopener. Article 14.0—Severance Pay: No change. Page 4 of 6 Article 15.0 - Deferred Compensation: Minor administrative changes/updated language to clarify that participation is subject to IRS requirements. Article 16.0- Holidays: No change. Article 17.0 - Hours of Work: Administrative changes to clarify that employees may waive the 30-day notice requirement for schedule changes; the 30-day notice does not apply to reasonable accommodations. Article 18.0 (intentionally left blank)- No change. Article 19.0 (intentionally left blank)- No change. Article 20.0 - Insurance: Medical Reopener in February 2015 to discuss the transition from Anthem to Blue Shield through California State Association of Counties - Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and varied plan design changes in order to achieve additional cost savings; minor updates to language. Article 21.0- Reimbursement Accounts: No change. Article 22.0 - Extraordinary Services Compensation: Removal of language referencing Supervisor Group within the Professional Group MOU. Article 23.0- Probationary Period: No change. Article 24.0 - Promotions: Updated language indicating that prior to any determination whether to fill a vacant position externally, the District will evaluate all internal applicants that meet the minimum qualifications for the posted vacant position. In the event there exists at least one (1) minimally qualified applicant, the District shall conduct an internal recruitment. Article 25.0- Retirement: No change. Article 26.0- Shift Differential: No change. Article 27.0- Leave of Absence with Pay: No change. Article 28.0 - Leave of Absence without Pay: Minor administrative/language changes to align with current leave law provisions; housekeeping changes. Article 29.0 - Classification Studies: OCSD agreed to include a representative from the Supervisor Group and the Professional Group to participate as a partner in the upcoming agency-wide Classification & Compensation study; minor administrative changes. Article 30.0- Driver's License: No change. Article 31.0- Layoff Procedure: No change. Article 32.0- Light Duty: No change. Article 33.0- Medical Examination: No change. Article 34.0- Mileage Allowance: No change. Article 35.0-Acting Pay: No change. Article 36.0 (intentionally left blank)- No change. Article 37.0- Personnel Files: No change. Article 38.0- Bulletin Boards: No change. Article 39.0- Release Time for Meet and Confer Sessions: No change. Article 40.0- Use of District Facilities: No change. Article 41.0- Scope of Bargaining: No change. Article 42.0 - Impasse Procedures: Minor administrative changes/updated language to reference AB 646 and AB 1060. Article 43.0-Severability: No change. Article 44.0- Uniforms: No change. Page 5 of 6 Article 45.0 — Substance Abuse Policy: Added language to reflect that any employee may be subject to discipline, up to and including termination, for any alcohol screen test that indicates a blood alcohol concentration level of 0.02% or greater. Article 46.0— Dues Deductions: No change. Article 47.0— Maintenance of Membership: No change. Article 48.0— Peaceful Resolution of Disputes: No change. Article 49.0 (intentionally left blank)— No change. Article 50.0-Workplace Violence &Weapons Policy: No change. Article 51.0— Resignation: No change. Article 52.0 (intentionally left blank)— No change. ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.coml with the complete agenda package: • Resolution OCSD 15-02 Page 6 of 6 Return to Mende Report RESOLUTION NO. OCSD 15-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE MEMORANDA OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE SUPERVISORY AND PROFESSIONAL MANAGEMENT GROUP, FOR FISCAL YEARS 2013/2014, 2014/2015 & 2015/2016. WHEREAS, on September 22, 2010, the Board of Directors ("Directors") of the Orange County Sanitation District (the "District") authorized the General Manager to sign the Memoranda of Understanding with the Supervisory and Professional Management Group (referred hereinafter as "SPMG"), regarding salaries, benefits and terms and conditions of employment for the period July 1, 2010 through June 30, 2013 ("2010 MOUs"). WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of SPMG have met and conferred with the representatives of the District and have reached an understanding with regard to certain terms and conditions relative to employment; and WHEREAS, the parties have modified the 2010 MOUs between the District and SPMG to reflect the parties' understanding regarding certain terms and conditions, which include: • Duration of the MOUs have been modified and will be for a 3-year term commencing July 1, 2013 and terminating June 30, 2016, as reflected in the Cover Page and Article 1 and 2 of the MOUs: • Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 — 0% Salary Increase. o Year 2—2.0% Salary Increase, retroactive to the first pay period of July 2014. o Year 3—2.0% Salary Increase, effective the first pay period of July 2015. • Deferred Compensation has been modified as set forth below and as reflected in Article 15 of the MOUs: o Minor administrative changes/updated language to clarify that participation is subject to IRS requirements. • Hours of Work has been modified as set forth below and as reflected in Article 17 of the MOUs: o Employees may waive 30-day notice of schedule change. • 30-day notice will not be applicable if the change is a result of a reasonable accommodation. • Insurance has been modified as set forth below and as reflected in Article 20 of the MOUS: OCSD 15-02-1 Return to Mende Report o Medical reopener in February 2015 to discuss health insurance carrier and/or plan design changes in order to achieve additional cost savings; minor updates to language. • Extraordinary Services Compensation has been modified as set forth below and as reflected in Article 22 of the MOUs: o Removal of language referencing Supervisor Group within the Professional Group MOU. • Promotions has been modified as set forth below and as reflected in Article 24 of the MOUS: o Prior to any determination whether to fill a vacant position externally, the District will evaluate all internal applicants that meet the minimum qualifications for the posted vacant position. In the event there exists at least one (1) minimally qualified applicant, the District shall conduct an internal recruitment. • Leave of Absence without Pay has been modified as set forth below and as reflected in Article 28 of the MOUs: o Minor administrative/language changes to align with current leave law provisions; housekeeping changes. • Classification Studies has been modified as set forth below and as reflected in Article 29 of the MOUs: o OCSD will include a representative from the Supervisor Group and the Professional Group to participate as a partner in the agency-wide Classification & Compensation study; minor administrative changes. • Impasse Procedures has been modified as set forth below and as reflected in Article 42 of the MOUs: o Minor administrative changes/updated language to reference AB 646 and AB 1060. • Substance Abuse Policy has been modified as set forth below and as reflected in Article 45 of the MOUs: o Any employee may be subject to discipline, up to and including termination, for any alcohol screen test that indicates a blood alcohol concentration level of 0.02% or greater. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. The aforementioned MOUs between the District and SPMG for the contract period of July 1, 2013 through June 30, 2016 as outlined herein are hereby approved. Section 2. The General Manager is authorized to sign the Memoranda of Understanding with SPMG for the period of July 1, 2013 through June 30, 2016, in a form OCSD 15-02-2 Return to Mende Report approved by General Counsel. PASSED AND ADOPTED at a regular meeting held January 28, 2015. Tom Beamish, Board Chair ATTEST: Maria E. Ayala Clerk of the Board OCSD 15-02-3 STEERING COMMITTEE Meeting Date TOBA.Of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Nu bar 2 s 1 Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: SALARY RANGE ADJUSTMENTS FOR EXEMPT LEVEL CONFIDENTIAL EMPLOYEES GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 15-03, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2013/2014, 2014/2015 & 2015/2016:' SUMMARY Confidential employees perform duties and responsibilities that support OCSD management with labor relations. Confidential employees are not represented by a bargaining unit and meet directly with the General Manager regarding terms and conditions of employment. The work and duties performed by exempt level confidential employees aligns with that of employees in the Supervisor Group and Professional Group bargaining units; however, due to their job duties in support of the labor relations program, confidential employees are not represented by a bargaining unit. Therefore, though they are in separate groups, unrepresented exempt level confidential employees' wages and benefits have historically aligned with represented employees' negotiated wages and benefits in the Supervisor Group and Professional Group. The General Manager is proposing the following salary adjustments for exempt level confidential employees that align with represented employee wages and benefits. • Salary Increases (3-Year Cost: $101 K) - 0% in Year 1; 2% salary increase in Year 2; and 2% salary increase in Year 3, for an average of 1.3% annually. Additionally, exempt level confidential employees are committed to reconvening at a later date with the General Manager to discuss health insurance carrier and/or plan design changes in order to achieve cost containment. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION There are currently thirteen (13) exempt level confidential employees at OCSD in five (5) classifications. Confidential employees are those employees who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations. Exempt level confidential employees hold the following classifications: Clerk of the Board Human Resources Analyst Senior Human Resources Analyst Principal Human Resources Analyst Human Resources Supervisor (no current incumbents) Secretary to the General Manager Confidential employees are not represented by a bargaining unit; instead confidential employees represent themselves as a group in informal discussions with OCSD's General Manager regarding wages, hours, and other terms and conditions of employment. The General Manager recommends the following changes: • Salary o Year 1 — 0% Salary Increase. o Year 2 — 2.0% Salary Increase, effective the first pay period of July 2014. o Year 3 — 2.0% Salary Increase, effective the first pay period of July 2015. The cost of the salary increase for exempt confidential employee classifications is approximately $101 K over the three-year period. The proposal for exempt level confidential employees also includes a commitment to reconvene with the General Manager at a later date to discuss potential medical carrier and/or plan design changes in order to achieve cost containment. ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: • Resolution OCSD 15-03 Page 2 of 2 Return to Mende Report RESOLUTION NO. OCSD 15-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR UNREPRESENTED EXEMPT CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2014/2015 & 2015/2016 WHEREAS, there are sixteen (16) employees in the confidential employees job classification at the Orange County Sanitation District ("OCSD") who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations; and WHEREAS, there are thirteen (13) confidential employees holding exempt level classifications; and WHEREAS, exempt level confidential employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, the General Manager recently entered into discussions with the exempt level confidential employees and completed negotiations in January 2015, which resulted in agreed upon proposed changes to wages and benefits that align with those agreed upon for represented employees; and WHEREAS, exempt level confidential employees have agreed to reconvene at a later date with the General Manager to discuss a medical reopener to discuss changes in order to avoid excise taxation; and NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1. That the Board of Directors hereby authorizes and approves the following changes to wage and benefits for exempt level confidential employees, which shall become effective as noted: a) Salaries • To align with similarly situated represented employee classifications, exempt level confidential employees' salaries shall be adjusted per the following: • Year 1 —0% Salary Increase. • Year 2 — 2.0% Salary Increase, effective the first pay period of July 2014. • Year 3 — 2.0% Salary Increase, effective the first pay period of July 2015. OCSD 15-03-1 Return to Mende Report 2. That the General Manager, or his designee, is authorized to implement the changes to wages and benefits approved herein, and reconvene at a later date with the exempt level confidential employees to discuss health insurance carriers and/or plan design changes in order to achieve additional cost savings. PASSED AND ADOPTED at a regular meeting of the Board of Directors held January 28, 2015. Tom Beamish, Board Chair ATTEST: Maria E. Ayala Clerk of the Board OCSD 15-03-2 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District GOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency Glossary of Terms and Abbreviations SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. 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. Glossary of Terms and Abbreviations Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor becomes the DrT for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Glossary of Terms and Abbreviations Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.