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HomeMy WebLinkAbout04-27-2016 Board Agenda Packet Orange County Sanitation District Wednesday, April 27, 2016 Regular Meeting of the b _ 6:00 P.M. BOARD OF DIRECTORS Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE (Sal Tinajero, City of Santa Ana) ROLL CALL AND DECLARATION OF QUORUM (Clerk of the Board) PUBLIC COMMENTS: If you wish to address the Board of Directors on any item, please complete a Speaker's Form (located at the table outside of the Board Room)and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairman and are requested to limit comments to three minutes. SPECIAL PRESENTATIONS: . Employee Service Awards 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve the minutes of the regular Board of Directors Meeting held on March 23, 2016. 0 412 712 01 6 OCSD Board of Directors Agenda Page 1 of 8 2. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2O16 (Lorenzo Tyner) RECOMMENDATION: Receive and file the report of the Investment Transactions for the month of March 2016. 3. GEOTECHNICAL TESTING SERVICES (Rob Thompson) RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement PSA2013-001, with AMEC Environment & Infrastructure, Inc. (AMEC) to provide on-call Materials Testing, Inspection, and Geotechnical Testing Services for Collection System and Treatment Plant projects, for an amount not to exceed $25,000, increasing the total contract amount not to exceed $225,000. OPERATIONS COMMITTEE: 4. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve the minutes of the regular Operations Committee Meeting held on April 6, 2016. 5. CONTRACT AWARDS FOR FERRIC CHLORIDE PURCHASE (Ed Torres) RECOMMENDATION: A. Award an agreement with Pencco, Inc. for the purchase of liquid ferric chloride, Specification No. C-2016-755BD, for the period of July 1, 2016 through June 30, 2017, for a unit price of$377 per dry ton delivered, for an estimated annual amount of$1,131,000 (plus applicable sales tax)with four (4) one-year renewal options; B. Award an agreement with Kemira Water Solutions, Inc. for the purchase of liquid ferric chloride, Specification No. C-2016-75513D, for the period of July 1, 2016 through June 30, 2017, for a unit price of $417 per dry ton delivered, for an estimated annual amount of $1,251,000 (plus applicable sales tax) with four(4) one-year renewal options; and C. Approve a unit price contingency of 10% per agreement. 0 412 712 01 6 OCSD Board of Directors Agenda Page 2 of 8 6. SEWER LINE CLEANING FOR CITY OF TUSTIN AND UNINCORPORATED COUNTY PROPERTY (Ed Torres) RECOMMENDATION: Approve Amendment No. 3 to extend the contract term with Performance Pipeline Technologies for the cleaning services of approximately 90 miles of Area 7 sewer pipelines and manholes, for an additional six-month period, beginning July 1, 2016 through December 31, 2016, with one additional 6-month renewal option, for an additional amount of$202,204, increasing the total amount not-to-exceed $404,408. 7. COATING INSPECTION AND CORROSION TESTING SERVICES (Rob Thompson) RECOMMENDATION: Approve Professional Services Agreements to provide on- call Coating Inspection, Confined-Space Entry Services, and other Corrosion Testing Services for Collection System and Treatment Plant projects, PSA2016-001, for a three-year period effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement ($800,000 total)with the following four firms: • Corrpro Companies, Inc. • CSI Services, Inc. • Diversified Project Services International, Inc. (DPSI) • On-Site Technical Services, Inc. 8. SURVEYING SERVICES (Dean Fisher) RECOMMENDATION: Approve Professional Services Agreements to provide on- call Surveying Services for Collection System and Treatment Plant Projects, PSA2016-002, for a three-year period effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement ($800,000 total)with the following four firms: • Stantec Consulting Services, Inc. • Michael Baker International • D. Wooley and Associates, Inc. • Bush and Associates, Inc. 9. GEOTECHNICAL TESTING SERVICES (Rob Thompson) RECOMMENDATION: Approve Professional Services Agreements to provide on- call Materials Testing, Inspection, and other Geotechnical Testing Services for Collection System and Treatment Plant projects, PSA2016-003, for a three-year 0 412 712 01 6 OCSD Board of Directors Agenda Page 3 of 8 period effective May 1, 2016, for an amount not to exceed $300,000 per individual agreement ($900,000 total)with the following three firms: • Ninyo and Moore • Sequoia Consultants, Inc. • Koury Engineering and Testing, Inc. 10. BIOSOLIDS HAULING SERVICE CONTRACT AWARD (Bob Ghirelli) RECOMMENDATION: A. Approve a Service Contract with Denali Water Solutions to haul Orange County Sanitation District's biosolids from Reclamation Plant No. 1 and/or Treatment Plant No. 2 to Orange County Waste and Recycling's Prima Deshecha landfill and the Inland Empire Regional Compost Facility for a period of one year from the execution date of the contract, for the unit price of $8.96 per ton of biosolids and $ 14.99 per ton of biosolids coupled with fuel surcharges, at an amount not to exceed $600,000 per year with four (4) one-year renewal options; and B. Approve a (10%) unit price contingency. 11. ANNUAL MARINE MONITORING REPORT (Bob Ghirelli) RECOMMENDATION: Receive and file the 2014-15 Marine Monitoring Annual Report. 12. JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) (Bob Ghirelli) RECOMMENDATION: A. Adopt Resolution No. OCSD 16-06 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, approving the Ninth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for four years from July 1, 2017 through June 30, 2021"; and B. Approve annual funding in the amount of $425,000 for FY 2017/18, $450,000 for FY 2018/19, $475,000 for FY 2019/20 and $500,000 for FY 2020/21. 0 412 712 01 6 OCSD Board of Directors Agenda Page 4 of 8 13. SARI ROCK STABILIZERS REMOVAL, PROJECT NO. 2-41-8 (Rob Thompson) RECOMMENDATION: A. Consider, receive, and file the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the SARI Rock Stabilizers Removal, Project No. 2-41-8, prepared by Michael Baker International; and B. Adopt Resolution No. OCSD 16-07, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the Santa Ana River Interceptor Rock Removal, Project No. 241-8; Adopting a mitigation monitoring and reporting program; an approving the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8." ADMINISTRATION COMMITTEE: 14. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve the minutes of the regular Administration Committee Meeting held on April 13, 2016. 15. PIPELINE CONDITION ASSESSMENT AND CLOSED CIRCUIT TELEVISION (CCTV) DATA SOFTWARE AND RELATED SERVICES (Lorenzo Tyner) RECOMMENDATION: A. Approve a purchase order contract to Innovyze, Inc. for pipeline condition assessment and CCTV data software and related services per Specification No. S-2015-7351313, for an amount not to exceed $152,800; B. Authorize the purchase of an annual maintenance contract with four (4) annual renewals at$18,000 per year for a total of$72,000; and C. Approve a contingency of $17,080 per renewal period for software and related services for annual maintenance. 16. COOPERATIVE PROCUREMENT WITH U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (Lorenzo Tyner) RECOMMENDATION: Authorize purchases of information technology products, services, and solutions using the County of Fairfax, Virginia contract number#4400006644 with Insight 0 412 712 01 6 OCSD Board of Directors Agenda Page 5 of 8 Public Sector available through U.S. Communities Government Purchasing Alliance, for the period May 1, 2016 though, April 30, 2019, for a total amount not to exceed $800,000, in accordance with Ordinance OCSD-47, Section 2.03(B) Cooperative Purchases. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 17. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve the minutes of the regular Legislative and Public Affairs Committee Meeting held on April 11, 2016. STEERING COMMITTEE: 18. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve the minutes of the regular Steering Committee Meeting held on March 23, 2016. GWRS STEERING COMMITTEE: 19. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Receive and file the minutes of the Groundwater Replenishment System Steering Committee Meeting held on January 11, 2016. NON-CONSENT CALENDAR: None. AB 1234 REPORTS: INFORMATION ITEMS: 0 412 712 01 6 OCSD Board of Directors Agenda Page 6 of 8 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 potentialliffgation,orpersonnel matters,pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a)purchase and sale of real property; (b) matters of pending or potential litigation; (c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. (1) CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Number of Cases: 3 Name of Case: Bubalo v. Orange County Sanitation District, Case Number WC648-A96164 Name of Case: Matthew Cetera v. Orange County Sanitation District, Workers Compensation Appeal Board, Case Nos. ADJ9729767 and ADJ7184921 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 Regular Board of Directors Meeting on May 25, 2016, at 6:00 p.m. 0 412 712 01 6 OCSD Board of Directors Agenda Page 7 of 8 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Aaenda Postina: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item,including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. Aaenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A.Lore Clerk of the Board (714)593-7433 klore(olocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbem(&ocsd.cem Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(a)ocsd.com Director of Engineering Rob Thompson (714)593-7310 rthomosomaDocsd.com Director of Environmental Services Bob Ghirelli(acting) (714)593-7300 rghirelli(a)ocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Ityner(dlocsd.com Administrative Services Director of Human Resources Celia Chandler (714)593-7202 cchandler(@ocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 0 412 712 01 6 OCSD Board of Directors Agenda Page 8 of 8 ITEM NO. 1 Orange County Sanitation District MINUTES BOARD MEETING March 23, 2016 �OJNjy SANII'gTjQy Q ? ¢ c, o � Fcl�N FIE Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 0 312 312 01 6 Minutes of Board Meeting Page 1 of 9 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on March 23, 2016, at 6:02 p.m., in the Administration Building. Director Chad Wanke 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 John Nielsen, Chair Allan Bernstein A Gregory Sebourn, Vice Chair Doug Chaffee X Tom Beamish Tim Shaw X Steven Choi Lynn Schott X Keith Curry Scott Peotter X Ellery Deaton Sandra Massa-Lavitt X Joy Neugebauer Al Krippner X James M. Ferryman Bob Ooten X Steven Jones Kris Beard X Jim Katapodis Erik Peterson X Robert Kiley Michael Beverage X Peter Kim Michele Steggell X Lucille Kring Jordan Brandman X Greg Mills Diana Fascenelli X Richard Murphy Shelley Hasselbrink X Steve Nagel Cheryl Brothers X Glenn Parker Cecilia Hupp X David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy X Michelle Steel Shawn Nelson X Sal Tinajero David Benavides X Chad Wanke Constance Underhill A John Withers Douglas Reinhart X Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager, Bob Ghirelli, Assistant General Manager; Lorenzo Tyner, Director of Finance & Administrative Services; Rob Thompson, Director of Engineering; Celia Chandler, Director of Human Resources; Ed Torres, Director of Operations & Maintenance; Kelly Lore, Clerk of the Board; Jennifer Cabral; Jim Colston; Norbert Gaia; Al Garcia; Tina Knapp; Mark Manzo; and Jeff Mohr. OTHERS PRESENT: Brad Hogin (General Counsel); Cheryl Brothers (Alternate Director Fountain Valley); Bob Ooten (Alternate Director CMSD); Roger Cerda, Alston & Bird; Kimo Look, Project Partners, and Rich ten Bosch, Black & Veatch 03/23/2016 Minutes of Board Meeting Page 2 of 9 PUBLIC COMMENTS: No public comments were provided. SPECIAL PRESENTATIONS: Chair Nielsen presented former Board Member, Lisa Bartlett with a Certificate of Appreciation for her service on the OCSD Board of Directors. REPORTS: Chair Nielsen provided an update from the recent Legislative and Public Affairs Committee meeting including the March 161" legislative visit to Sacramento where he, Vice-Chair Seboum and Mr. Herberg met with Senator Hertzberg's office, Assembly Member Gordon, State Water Control Board and the Assembly Committee on Environmental Safety & Toxic Materials offices. General Manager Jim Herberg informed the committee of the upcoming dates: Honor Walk Ceremony which will be held on May 25, 2016 at 4:00 p.m.; GWRS Steering Committee meeting April 11; and AB 1825 Harassment Training for Board members on May 4 and May 12. Mr. Herberg announced that in response to a request from the Board, an informative list of OCSD management with photos was distributed to the Directors. Chair Nielsen stated that this should serve as information only, and that communication should always be directed to the General Manager or department heads. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Regular Board of Directors Meeting held on February 24, 2016. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; Tinajero; and Withers 2. PURCHASE AND SALE AGREEMENT WITH COAST COMMUNITY COLLEGE DISTRICT (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Execute a Purchase and Sale Agreement with Coast Community College District for the property adjacent to Rocky Point Pump Station, in a form approved by General Counsel, for a sale price not to exceed $1,800,000. 03/23/2016 Minutes of Board Meeting Page 3 of 9 AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Wanks; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; Tinajero; and Withers 3. PRIMARY INFLUENT CHANNEL REPAIRS AT PLANT 1, PROJECT NO. FE14-04 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file bid tabulation and recommendation; B. Award a construction contract to Jamison Engineering Contractors, Inc. for Primary Influent Channel Repairs at Plant 1, Project No. FE14-04, fora total amount not to exceed $514,072; and C. Approve a contingency of$102,800 (20%). AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; Tinajero; and Withers OPERATIONS COMMITTEE: 4. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the March 3, 2016 of the Administration Committee Meeting. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Wanks; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; Tinajero; and Withers 5. NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, PROJECT NO. 2-72 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Construction Services Agreement with Lee & Ro, Inc., to provide construction support services for Newhope-Placentia Trunk 03/23/2016 Minutes of Board Meeting Page 4 of 9 Sewer Replacement, Project No. 2-72, for a total amount not to exceed $3,253,946; and B. Approve a contingency of$325,394 (10%). AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; Tinajero; and Withers 6. SUPPLEMENTAL ENGINEERING AND SUPPORT STAFF SERVICES, CONTRACT NO. PSA-2015-100 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a Professional Services Agreement with Jacobs Project Management Co. to provide supplemental engineering and support staff services, Contract No. PSA-2015-100, commencing May 1, 2016 through June 30, 2020, with three one-year renewal options, for a total amount not to exceed $41,000,000 over the period of up to seven years. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; Tinajero; and Withers Director Tinajero arrived at the meeting at 6:15 p.m. ADMINISTRATION COMMITTEE: 7. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the March 9, 2016 of the Administration Committee Meeting. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; and Withers 03/23/2016 Minutes of Board Meeting Page 5 of 9 8. APPOINTING A CLERK OF THE BOARD PRO TEM TO THE BOARD OF DIRECTORS IN THE ABSENCE OF THE CLERK OF THE BOARD (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 16-04 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District appointing a Clerk of the Board Pro Tem to the Board of Directors; and repealing Resolution No. OCSD 07-23." AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; and Withers 9. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF FEBRUARY 2016 (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the report of the investment transactions for the month of February 2016. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver, F. Smith;T. Smith; Steel; Tinajero;Wanke; and Yarc NOES: None ABSTENTIONS: Kim ABSENT: Jones; Seboum; and Withers 10. DESIGNATION OF APPLICANT'S AGENT FOR DISASTER RELIEF (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 16-05, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the General Manager or Designee to Execute State Office of Emergency Services and/or Federal Emergency Management Agency Documents and Relevant Permit Applications for Present and Future Disaster Relief Applications; and Repealing Resolution No. OCSD 11-03" AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; and Withers 03/23/2016 Minutes of Board Meeting Page 6 of 9 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 11. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the March 15, 2016 of the Legislative and Public Affairs Committee Meeting. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; and Withers 12. PROPOSED CHANGES TO LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES FOR YEAR 2016 (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Approve the revised calendar of meeting dates for the 2016 calendar year for meetings of the Legislative and Public Affairs Committee. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; and Withers Assistant General Manager Bob Ghirelli introduced Principal Public Affairs Specialist Jennifer Cabral who provided an informative PowerPoint presentation of the Public Affairs Strategic Plan. 13. JULY 2016 — JUNE 2018 PUBLIC AFFAIRS STRATEGIC PLAN (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the July 2016 —June 2018 Public Affairs Strategic Plan. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones; Seboum; and Withers Director Jones arrived at the meeting at 6:17 p.m. 03/23/2016 Minutes of Board Meeting Page 7 of 9 STEERING COMMITTEE: 14. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the February 24, 2016 meeting of the Steering Committee. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker, Shawver, F. Smith; T. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Sebourn and Withers NON-CONSENT CALENDAR: None. AB 1234 REPORTS: Director Ferryman reported out on his recent attendance at the following meetings: • Borders Committee where an annual meeting was held with dignitaries from the state of Baja, • National Water Research Institute wherein a $1 million budget was established and the need to relocate to the Orange County Water District campus was discussed. He further stated that the Santa Ana River Flood Agency meeting will be held March 24, 2016. INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1) The Board convened in closed session at 6:30 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 Session Meetings. 03/23/2016 Minutes of Board Meeting Page 8 of 9 RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:50 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel, Brad Hogin stated there was nothing to report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Curry commended Director of Engineering Rob Thompson and staff on the early completion of the Newport Force Main project 5-60. Director Wanke stated his discovery of a 1982-83 OCSD recipe book, which he passed around and was given to staff for reference. Director Shawver thanked Mayor Choi and Supervisor Steel for their support in the approval of the recent OC Waste Disposal agreement saving the County of Orange over $100 million. Chair Nielsen thanked Townsend and Associates, Cori Williams, and Jim Herberg for a successful legislative trip to Sacramento. Director Kring wished everyone a Happy Easter and Passover. ADJOURNMENT: At 6:59 p.m. Chair Nielsen adjourned the meeting until the Regular Board Meeting on April 27, 2016 at 6:00 p.m. Kelly A. Lore Clerk of the Board 03/23/2016 Minutes of Board Meeting Page 9 of 9 BOARD OF DIRECTORS Meeting Date TOBE.Or Dir. -- 04/27/16 AGENDA REPORT ItemNumber IemNumber z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2O16 GENERAL MANAGER'S RECOMMENDATION Receive and file the report of the Investment Transactions for the month of March 2016. SUMMARY BACKGROUND The CA Government Code requires that a monthly report of investment transactions be provided to the legislative body. Attached is the monthly report of investment transactions for the month ended March 31, 2016. RELEVANT STANDARDS CA Government Code: Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Report on the Investment Transactions for the month ended March 31, 2016. Page 1 of 1 C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss ACQUISITIONS Purchase 03/01/2016 261908107 36,000.00 Dreyfus Shod IntermediateGov Treasury 1.000 0.18% 36,000.00 0.00 36,000.00 0.00 Cash Management Fd521 Purchase 03/01/2016 261908107 1,000,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,000,000.00 0.00 1,000,000.00 0.00 Cash Management Fd521 Purchase 03/01/2016 261908107 14,518.25 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 14,518.25 0.00 14,518.25 0.00 Cash Management Fd521 Purchase 03/02/2016 261908107 540.19 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 540.19 0.00 540.19 0.00 Cash Management Fd521 Purchase 03/02/2016 261908107 1,962.95 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,962.95 0.00 1,962.95 0.00 Cash Management Fd521 Purchase 0NOM016 46623EJV6 1,000,000.00 JP Morgan Chase Note 100.047 1.30% 1,000,470.00 637.50 1,001,107.50 0.00 1.35%Due 2115/2017 Purchase 0NOM016 4778al 2,420,000.00 John Deere Owner Trust 201&A A3 99.984 1.37% 2,419,619.09 0.00 2,419,619.09 0.00 1.36%Due 4/1 512 0 2 0 Purchase 03/03/2016 30231 GAV4 1,515,000.00 Enron Mobil Corp Callable Note Cant 100.000 2.22% 1,515,000.00 0.00 1,515,000.00 0.00 2/1/2021 2.222%Due 3/1/2021 Purchase 03/05/2016 261906107 14,687.50 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 14,687.50 0.00 14,687.50 0.00 Cash Management Fd521 Purchase 03/07/2016 261908107 21,875.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 21,875.00 0.00 21,875.00 0.00 Cash Management Fd521 Purchase 03/07/2016 261908107 14,375.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 14,375.00 0.00 14,375.00 0.00 Cash Management Fd521 Purchase 03/07/2016 261906107 1,000,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,000,000.00 0.00 1,000,000.00 0.00 Cash Management Fd521 Purchase 03/08/2016 261908107 56,250.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 56,250.00 0.00 56,250.00 0.00 Cash Management Fd521 Purchase 03/08/2016 261908107 8.571.68 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 8,571.68 0.00 8,571.68 0.00 Cash Management Fd521 Purchase 03/09/2016 261906107 51,56250 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 51,562.50 0.00 51,562.50 0.00 Cash Management Fd521 Purchase 03/10/2016 261908107 1,000,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,000,000.00 0.00 1,000,000.00 0.00 Cash Management Fd521 Purchase 03/11/2016 261908107 24,380.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 24,380.00 0.00 24,380.00 0.00 Cash Management Fd521 Purchase 03/12/2016 261906107 43,750ol) Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 43,750.00 0.00 43,750.00 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 39,975.72 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 39,975.72 0.00 39,975.72 0.00 Cash Management Fd521 Chandler As &Management-CONFIDENTIAL Execution Time:4dV20162:38:08 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss ACQUISITIONS Purchase 03/15/2016 261908107 25,625.00 Dreyfus Shod IntermediateGov Treasury 1.000 0.18% 25,625.00 0.00 25,625.00 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 2,104.17 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 2,1M.17 0.00 2,104.17 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 2,017.06 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 2,017.06 0.00 2,017.06 0.00 Cash Management Fd521 Purchase 03/15Q016 261908107 22.88 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 22.88 0.00 22.88 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 3,566.67 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 3,566.67 0.00 3,566.67 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 282,643.60 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 282,643.60 0.00 282,643.60 0.00 Cash Management Fd521 Purchase 03/15Q016 261908107 1,682.83 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,682.83 0.00 1,682.83 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 3,355.33 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 3,355.33 0.00 3,355.33 0.00 Cash Management Fd521 Purchase 03/15/2016 261908107 1,399.45 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,399.45 0.00 1,399.45 0.00 Cash Management Fd521 Purchase OW16/2016 261908107 506,095.92 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 506,095.92 0.00 506,095.92 0.00 Cash Management Fd521 Purchase 03/16/2016 261908107 57,500.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 57,500.00 0.00 57,500.00 0.00 Cash Management Fd521 Purchase OT16/2016 9128281,189 1,500,000.00 US Treasury Note 99.442 1.49% 1,491,626.12 2,549.79 1,494,175.91 0.00 1.375%Due 1/31/2021 Purchase 03/1SQ016 261908107 142,997.80 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 142,997.80 0.00 142,997.80 0.00 Cash Management Fd521 Purchase 03/18/2016 261908107 1,655.14 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,655.14 0.00 1,655.14 0.00 Cash Management Fd521 Purchase OT19/2016 261908107 101,500.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 101,500.00 0.00 101,500.00 0.00 Cash Management Fd521 Purchase 03/21Q016 261908107 3,000,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 3,000,000.00 0.00 3,000,000.00 0.00 Cash Management Fd521 Purchase 03/21/2016 261908107 350,319.66 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 350,319.66 0.00 350,319.66 0.00 Cash Management Fd521 Purchase 03/21/2016 261908107 268.58 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 268.58 0.00 268.58 0.00 Cash Management Fd521 Purchase 03/21Q016 261908107 295.78 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 295.78 0.00 295.78 0.00 Cash Management Fd521 Purchase 03Q1Q016 261908107 4,069.39 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 4,069.39 0.00 4,069.39 0.00 Cash Management Fd521 Ch.ndler Asset Management-CONFIDENTIAL Execution Time:416120162:38:08 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss ACQUISITIONS Purchase 03/21/2016 261908107 27470 Dreyfus Shod Intermediate Gov Treasury 1.000 0.18% 274.70 0.00 274.70 0.00 Cash Management Fd521 Purchase 03/21/2016 261908107 956.87 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 956.87 0.00 956.87 0.00 Cash Management Fd521 Purchase 03/22/2016 261908107 2,000,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 2,000,000.00 0.00 2,000,000.00 0.00 Cash Management Fd521 Purchase 03/22/2016 261908107 5,235.03 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 5,235.03 0.00 5,235.03 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 393.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 393.00 0.00 393.00 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 10,999.66 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 10,999.66 0.00 10,999.66 0.00 Cash Management Fd521 Purchase 03/25Q016 261908107 1,684.53 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,684.53 0.00 1,684.53 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 547.50 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 547.50 0.00 547.50 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 9,075.13 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 9,075.13 0.00 9,075.13 0.00 Cash Management Fd521 Purchase 03Q5Q016 261908107 5,746.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 5,746.00 0.00 5,746.00 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 51.47 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 51.47 0.00 51.47 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 6,807.58 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 6,807.58 0.00 6,807.58 0.00 Cash Management Fd521 Purchase 03/25Q016 261908107 1,079.96 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,079.96 0.00 1,079.96 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 1,665.75 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,665.75 0.00 1,665.75 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 9,024.16 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 9,024.16 0.00 9,024.16 0.00 Cash Management Fd521 Purchase 03/25Q016 261908107 1,511.32 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,511.32 0.00 1,511.32 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 12,433.59 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 12,433.59 0.00 12,433.59 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 7,027.17 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 7,027.17 0.00 7,027.17 0.00 Cash Management Fd521 Purchase 03/25Q016 261908107 148.22 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 148.22 0.00 148.22 0.00 Cash Management Fd521 Purchase 03/25/2016 261908107 5,819.59 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 5,819.59 0.00 5,819.59 0.00 Cash Management Fd521 Ch.ndler Asset Management-CONFIDENTIAL E. Wion Tme:416120162:38:08 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10233 2/29/16 Thru 3/31/16 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss ACQUISITIONS Purchase 03/25/2016 261908107 3,188.25 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 3,188.25 0.00 3,188.25 0.00 Cash Management Fd521 Purchase 03/28/2016 261908107 3,000,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 3,000,000.00 0.00 3,000,000.00 0.00 Cash Management Fd521 Purchase 03/29/2016 313384ZG7 1,400,000.00 FHLB Discount Note 99.895 0.37% 1,398,530.00 0.00 1,398,530.00 0.00 0.36%Due 7112/2016 Purchase 03/30/2016 4581XOCJ5 2,500,000.00 Inter-American Dev Bank Note 99.966 0.70% 2,499,150.00 781.25 2,499,931.25 0.00 0.625%Due 9/12/2016 Purchase 03/30/2016 459058EJB 2,000,000.00 Ind.Bank Recon&Development Note 99.815 1.08% 1,996,300.00 5,833.33 2,002,133.33 0.00 1%Due 6/15/2018 Purchase 03/31/2016 261908107 50,750.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 50,750.00 0.00 50,750.00 0.00 Cash Management Fd521 Purchase 03/31/2016 261908107 10,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 10,000.00 0.00 10,000.00 0.00 Cash Management Fd521 Purchase 03/31/2016 261908107 17,766.09 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 17,766.09 0.00 17,766.09 0.00 Cash Management Fd521 Subtotal 25,312,753.62 25,298,448.83 9,801.87 25,308,250.70 0.00 Security 03/31/2016 261908107 17,766.09 Dreyfus Short-Intermediate Gov Treasury 1.000 17,766.09 0.00 17,766.09 0.00 ConMbution Cash Management Fd521 Security 03/31/2016 912828WU0 15,392.00 US Treasury Inflation Index Note 100.000 15,392.00 4.02 15,396.02 0.00 ConMbution 0.125%Due 7/15/2024 Subtotal 33,158.09 33,158.09 4.02 33,162.11 0.00 TOTAL ACQUISITIONS 25,345,911.71 25,331,606.92 9,805.89 25,341,412.81 0.00 DISPOSITIONS Sale 03/02/2016 261908107 2,419,619.09 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 2,419,619.09 0.00 2,419,619.09 0.00 Cash Management Fd521 Sale 03/02Y2016 261908107 1,001,107.50 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,001,107.50 0.00 1,001,107.50 0.00 Cash Management Fd521 Sale 03/03/2016 261908107 1,515,000.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,515,000.00 0.00 1,515,000.00 0.00 Cash Management Fd521 Sale 03/16/2016 912828064 2,000,000.00 US Treasury Note 99.992 0.52% 1,999,837.05 434.78 2,000,271.83 -72.06 0.5%Due 8/31/2016 Sale 03/29/2016 261908107 1,398,530.00 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 1,398,530.00 0.00 1,398,530.00 0.00 Cash Management Fd521 Sale 03/30/2016 261908107 2,499,931.25 Dreyfus Short-Intermediate Gov Treasury 1.000 0.18% 2,499,931.25 0.00 2,499,931.25 0.00 Cash Management Fd521 Chandler Asset Management-CONFIDENTIAL Execution Time:416120162:38 08 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss DISPOSITIONS Sale 03/30/2016 261908107 2,002,133.33 Dreyfus Shod IntermediateGov Treasury 1.000 0.18% 2,002,133.33 0.00 2,002,133.33 000 Cash Management Fd521 Subtotal 12,836,321.17 12,836,158.22 434.78 12,836,593.00 .72.06 Paydown 03/01/2016 83162CW0 11,272.10 Small Business Administration 2001-20C 100.000 11,272.10 3,246.15 14,518.25 0.00 6.34%Due 3/1/2021 Paydown 03/08/2016 62888UAA8 8,214.36 NCUA Guaranteed Note CMO 2010-R2Due 100.000 8,214.36 357.32 8,571.68 0.00 11/6/2017 Paydown 03/152016 161571GC2 0.00 Chase CHAIT Pool#2013-A8 100.000 0.00 2,104.17 2,104.17 0.00 1.01%Due 10/15/2018 Paydown 03/152016 3133TCE95 1,859.85 FHLMC FSPC E3 A 100.000 1,859.85 157.21 2,017.06 0.00 2.892%Due 8/15/2032 Paydown 03/152016 31348SWZ3 0.36 FHLMC FH 786064 100.000 0.36 5.40 5.76 0.00 2.262%Due 1/1/2028 Paydown 03/152016 3837H4NX9 1,365.48 GNMA Poo1#2000-9 100.000 1,365.48 33.97 1,399.45 0.00 9.5%Due V1612030 Paydown 03/152016 477877AD6 0.00 John Deere Owner Trust 2014-B A3 100.000 0.00 3,566.67 3,566.67 0.00 1.07%Due 11/15/2018 Paydown 03/152016 89231 MAC9 281,043.60 Toyota Auto Receivables Owner 2014-A 100.000 281,043.60 1,600.00 282,643.60 0.00 0.67%Due 12/15/2017 Paydown 03/152016 89231TAB6 0.00 Toyota Auto Receivables Owner 2015-C 100.000 0.00 1,682.83 1,682.83 0.00 0.92%Due V1512018 Paydown 03/15/2016 89236WAC2 0.00 Toyota Auto Receivables Owner 2015-A 100.000 0.00 3,355.33 3,355.33 0.00 1.12%Due 2/15/2019 Paydown 03/18/2016 43814GAG4 141,907.76 Honda Auto Receivables 2014-2 A3 100.000 141,907.76 1,090.04 142,997.80 0.00 0.77%Due 3/19/2018 Paydown 03/18/2016 43814NAB1 0.00 Honda Auto Receivables 2016-1 A2 100.000 0.00 1,655.14 1,655.14 0.00 1.01%Due 6/18/2018 Paydown 03/21/2016 36225CAZ9 221.60 GNMA Poo1#G280023 100.000 221.60 46.98 268.58 0.00 2.816%Due 12/20/2026 Paydown 03/21/2016 36225CC20 242.17 GNMA Pool#G280088 100.000 242.17 53.61 295.78 0.00 2.817%Due 6/20/2027 Paydown 0321/2016 36225CN28 3,925.59 GNMA Poo1#G280408 100.000 3,925.59 143.80 4,069.39 0.00 2.691%Due 5/20/2030 Paydown 03212016 36225CNM4 257.81 GNMA Poo1#G280395 100.000 257.81 16.89 274.70 0.00 2.877%Due 4/20/2030 Chandler Asset Management-CONFIDENTIAL E. Wion Time 416120162:3808 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss DISPOSITIONS Paytlown 03/21/2016 36225DCB8 80274 GNMA P0o1#G280965 100.000 802.74 154.13 956.87 0.00 2,31%Due 7/20/2034 Paytlown 03/21/2016 43813JAC9 348,583.32 Honda Auto Receivables 20141 A3 100.000 348,583.32 1,736.34 350,319.66 0.00 0.67%Due 11121/2017 Paytlown ON25/2016 03215PFN4 0.00 AMRESCO Residental Securities 1999-1 100.000 0.00 148.22 148.22 0.00 ADue 6/2512029 Paytlown 03/2SQ016 31371NUC7 273.75 FNMA FN 257179 100.000 273.75 119.25 393.00 0.00 4.5%Due 4/1/2028 Paytlown 03/25/2016 31376KT22 10,052.01 FNMA FN 357969 100.000 10,052.01 947.65 10,999.66 0.00 5%Due 9/1/2035 Paytlown 03/25Q016 31381 PDA3 682.06 FNMA FN 466397 100.000 682.06 1,002.47 1,689.53 0.00 3.4%Due 11/1/2020 Paytlown 03/2SQ016 3138EG6F6 457.51 FNMA FN AL0869 100.000 457.51 89.99 547.50 0.00 4.5%Due 6/1/2029 Paytlown 03/25/2016 313MJY35 0.00 FHLMC FSPC T-5B 2A 100.000 0.00 5,819.59 5,819.59 0.00 6.5%Due 9/25/2043 Paytlown ON25/2016 31396X305 6,964.91 FNMA FNR 2007-114 A6Due 10/27/2037 100.000 6,954.91 62.26 7,027.17 0.00 Paytlown ON25/2016 31397ORED 8,670.17 FNMA FNR 2011-3 FA 100.000 8,670.17 409.96 9,075.13 0.00 0.832%Due 2125/2041 Paytlown 03QSQ016 31398VJ98 0.00 FHLMC FHMS K006 A2 100.000 0.00 3,188.25 3,188.25 0.00 4.251%Due 1125/2020 Paytlown 03/25/2016 31403DJZ3 4,855.79 FNMA Pool#745580 100.000 4,855.79 890.21 5,746.00 0.00 5%Due 6/1/2036 Paytlown 03/25Q016 31403GXF4 21.85 FNMA PODI#FN 748678 100.000 21.85 25.20 47.05 0.00 5%Due 10/1/2033 Paytlown 03/25/2016 31406PQYB 5,169.27 FNMA PODI#FN 815971 100.000 5,169.27 1,638.31 6,807.58 0.00 5.47%Due 3/1/2035 Paytlown 03/25/2016 31406MV75 684.56 FNMA Pool#FN 823358 100.000 684.56 395.40 1,079.96 0.00 2.875%Due 2l1/2035 Paytlown 03/25Q016 31407BXH7 1.497.74 FNMA PODI#FN 826080 100.000 1,497.74 168.01 1,665.75 0.00 5%Due 7/1/2035 Paytlown 03/2SQ016 3141oF4V4 7.241.73 FNMA PODI#FN 888336 100.000 7,241.73 1,782.43 9,024.16 0.00 5%Due 7/1/2036 Paytlown 03/25/2016 31417YAY3 1,368.87 FNMA Pool#FN MA0022 100.000 1,368.87 142.45 1,511.32 0.00 4.943%Due 4/1/2029 Paytlown OW25/2016 836111AGS1 12,424.41 SDundview Home Equity Loan Tr.2005- 100.000 12,424.41 9.18 12,433.59 0.00 OPT3 A4Due 11/25/2035 Subtotal 860,061.37 860,061.37 37,839.81 897,901.18 0.00 Chandler Asset Management-CONFIDENTIAL E. Wion Time 416120162:3808 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement I Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount GainfLoss DISPOSITIONS Maturity 03/01/2016 437076AP7 1,000,000.00 Home Depot Note 100.000 1,00,000.00 0.00 1,000,000.00 000 5 4%Due 3/l/2016 Maturity 03/07/2016 857477AH6 1,000,000.00 Stale Street Bank Note 100.000 1,000,000.00 0.00 1,000,000.00 0.00 2.875%Due 3/7/2016 Maturity ON10/2016 21687ACA9 1,000,000.00 Rabobank Nederland NV NV Discount CP 99.875 1,000,000.00 0.00 1,000,000.00 0.00 0.39%Due 3JI012016 Maturity, 03/21/2016 89233GCM6 3,000,000.00 Toyota Motor Credit Discount CP 99.853 3,000,000.00 0.00 3,000,000.00 0.00 0.58%Due 3/21/2016 Maturity 03/22/2016 38141GEG5 2,000,00000 Goldman Sachs Group Inc NoteDue 100.000 2,000,000.00 0.00 2,000,000.00 0.00 3/22/2016 Maturity, 0W28/2016 313384UW7 3,000,000.00 FHLB Discount Note 100.000 3,000,000.00 0.00 3,000,000.00 0.00 0.24%Due 3/28/2016 Subtotal 11,000,000.00 11,000,000.00 0.00 11,000,000.00 0.00 Security 03/31/2016 261908107 17,766.09 Dreyfus Short-Intermediate Gov Treasury 1.000 17,766.09 0.00 17,766.09 0.00 Withdrawal Cash Management Fd521 Subtotal 17,766.09 17,766.09 0.00 17,766.09 0.00 TOTAL DISPOSITIONS 24,714,148.0 24,713,985.68 %,274.59 24,752,260.27 .72.06 OTHER TRANSACTIONS Interest 03/01/2016 191216AU4 1,000,000.00 Coca Cola Company Note 0.000 9,000.00 0.00 9,000.00 000 1.8%Due 9/1/2016 Interest 03/01/2016 437076AP7 1,000,000.00 Home Depot Note 0.000 27,000.00 0.00 27,000.00 0.00 5.4%Due 3/1/2016 Interest 03/05/2016 40428HPR7 1,250,000.00 HSBC USA Inc Note 0.000 14,687.50 0.00 14,687.50 0.00 2.35%Due 3/5/2020 Interest 03/07/2016 3137EADP1 5,000,000.00 FHLMC Note 0.000 21,875.00 0.00 21,875.00 0.00 0.875%Due 3I7/2018 Interest 03/07/2016 857477AH6 1,000,000.00 State Street Bank Note 0.000 14,375.00 0.00 14,375.00 0.00 2.875%Due 3a/2016 Interest 03/08/2016 3133782M2 7,500,000.00 FHLB Note 0.000 56,250.00 0.00 56,250.00 0.00 1.5%Due 3/8/2019 Interest 03/09/2016 313378A43 7,500,000.00 FHLB Note 0.000 51,562.50 0.00 51,562.50 0.00 1.375%Due 3/912018 Interest 03/11/2016 06406HCW7 2,120,000.00 Bank of New York Callable Note Cant 0.000 24,380.00 0.00 24,380.00 0.00 8/11/2019 2.3%Due 9/11/2019 Cheadle,Asset Management-CONFIDENTIAL Execution Time:4/6Q0162:38 08 PM �'" Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/29/16 Thru 3/31/16 Transaction Settlement Abel Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 03/12/2016 3135GOZG1 5,000,000.00 FNMA Note 0.000 43,750.00 0.00 43,750.00 0.00 175%Due 9/1 212 01 9 Interest 03/15/2016 459058B51 2,500,000.00 Ind.Bank Recap&Development Note 0.000 12,500.00 0.00 12,500.00 0.00 1%Due 9/15/2016 Interest ON15/2016 532457BF4 4,000,000.00 Eli Lilly&CD Note 0.000 39,000.00 0.00 39,000.00 0.00 1.95%Due 3/15/2019 Interest ON15/2016 912828V 7 3,000,000.00 US Treasury Note 0.000 13,125.00 0.00 13,125.00 0.00 0.875%Due 9/15/2016 Interest OW15/2016 94988J210 500,000.00 Wells Fargo Bank Callable Note OOIy 0.000 975.72 0.00 975.72 0.00 6/1 512 01 6 0.902%Due 6/15/2017 Interest 03/16/2016 24422ESS9 5,000,000.00 John Deere Capital Corp Note 0.000 57,500.00 0.00 57,500.00 got) 2.3%Due 9/16/2019 Interest 03/19/2016 025816AY5 2,900,000.00 American Express Credit Note 0.000 101,500.00 0.00 101,500.00 0.00 7%Due 3/19/2018 Interest 03/2212016 38141GEG5 2,000,000.00 Goldman Sachs Group Inc NoteDue 0.000 5,235.03 0.00 5,235.03 ODD 3/22/2016 Interest 03/31/2016 912828F39 5,800,000.00 US Treasury Note 0.000 50,750.00 0.00 50,750.00 0.00 1.75%Due 9/3012019 Interest 03/31/2016 912828RJ1 2,000,000.00 US Treasury Note 0.000 10,000.00 0.00 10,000.00 0.00 1%Due 9/30/2016 Subtotal 59,070,000.00 553,465.75 0.00 553,465.75 0.00 Dividend 03/02/2016 261908107 281,109.94 Dreyfus Short-Intermediate Gov Treasury 0.000 1,962.95 0.00 1,962.95 0.00 Cash Management Fd521 Dividend 03/02/2016 261908107 3,052,463.17 Dreyfus Short-Intermediate Gov Treasury 0.000 540.19 0.00 540.19 0.00 Cash Management Fd521 Subtotal 3,333,573.11 2,503.14 0.00 2,503.14 0.00 Cash Capital 03/31/2016 525ESCOY6 0.00 Lehman Brothers Note-DefaultedDue 0.000 13,655.03 0.00 13,655.03 0.00 Distribution 10/2212049 Cash Capital 03/31/2016 525ESCI67 0.00 Lehman Brothers Note-DefaultedDue 0.000 4,111.06 0.00 4,111.06 ODD Distribution 1/24/2017 Subtotal D.DO 17,766.09 0.00 17,766.09 0.00 TOTAL OTHER TRANSACTIONS 62,403,573.11 573,734.98 0.00 573,734.98 0.00 Chandler Asset Management-CONFIDENTIAL Execution Time:4/6/2016 2:38 08 FM BOARD OF DIRECTORS Meeting Date TOBtl.ofDir. -- 04/27/16 AGENDA REPORT Item Number Them number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: GEOTECHNICAL TESTING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 1 to the Professional Services Agreement PSA2013-001 with AMEC Environment & Infrastructure, Inc. (AMEC) to provide on-call Materials Testing, Inspection, and Geotechnical Testing Services for Collection System and Treatment Plant projects, for an amount not to exceed $25,000, increasing the total contract amount not to exceed $225,000. SUMMARY BACKGROUND The Orange County Sanitation District (Sanitation District) uses outside specialty consultants for materials testing, inspection, and geotechnical testing services in support of Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects during the planning, design, and construction facilities both inside the plants and for the collection systems. RELEVANT STANDARDS 17 5, 20-year CIP plans updated annually Maintain a proactive asset management program PROBLEM The contract amounts for the on-call support contracts are determined based upon future project information known at the time and forecasting the anticipated level of effort to support the projects. With the amount of construction and oversight needed for quality assurance over the last 2.5-year period, especially with the demanding geotechnical needs of foundation work for new facilities for biosolids handling at Plant No. 2, the originally estimated contract amount to complete the contract term is insufficient. Due to the retirement of the staff member overseeing this contract and the lack of timely invoicing from the firm, staff expects the total cost to exceed previously approved purchasing authority. PROPOSED SOLUTION An Amendment in the amount of $25,000 is needed to provide funds for the testing and inspection services provided through the end of the contract period. Page 1 of 2 TIMING CONCERNS The current contract will be expiring and the budgets expended. Delaying the Amendment to the current contract will prevent the timely payment of these services provided to support Collection System and Treatment Plant projects. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District will have unpaid outstanding invoices due to insufficient funds. PRIOR COMMITTEE/BOARD ACTIONS December 2013 — Approved a Professional Services Agreement to provide on-call Materials Testing, Inspection, and other Geotechnical Testing Services, PSA2013-001, for an amount not to exceed $200,000 with AMEC Environment & Infrastructure, Inc. ADDITIONAL INFORMATION These on-call testing and inspection service contracts augment our construction management staff to provide certified laboratory testing of construction materials and geotechnical engineering support to ensure projects are constructed to comply with specified standards. A new Request for Proposal for the on-call testing and inspection services was advertised December 10, 2015, resulting in new contracts approved by the Board to take effect May 1, 2016 for a new three-year term. CEQA This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA does not apply. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. Funds for this item are included in the individual project budgets that require these services. Date of Aooroval Contract Amount Continoency 12/18/13 $200,000 N/A 04/27/16 25,000 N/A $225,000 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: Amendment No. 1 DF:dm:gc Page 2 of 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT PSA2013-001 AMEC ENVIRONMENT& INFRASTRUCTURE, INC. THIS AMENDMENT No. 1 to the PROFESSIONAL SERVICES AGREEMENT PSA2013- 001 ("Amendment'), is entered into and made effective this 27� day of April, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and AMEC ENVIRONMENT& INFRASTRUCTURE, INC., hereinafter referred to as "CONSULTANT'. WITNESSETH: WHEREAS, the SANITATION DISTRICT and CONSULTANT previously entered into the PROFESSIONAL SERVICES AGREEMENT, PSA2013-001 ("Agreement') dated December 18, 2013, whereby CONSULTANT agreed to provide on-call material testing, inspection, and geotechnical services; and, WHEREAS, on December 18, 2013,the Board of Directors of the SANITATION DISTRICT approved the Agreement for a three-year term, in an amount not to exceed $200,000; and WHEREAS, CONSULTANT was selected in accordance with the SANITATION DISTRICT selection policy regarding professional services consistent with SANITATION DISTRICT Resolution No. OCSD 07-04, and the SANITATION DISTRICT has determined that CONSULTANT is qualified and competent to provide the necessary services in connection with any specific project for which the CONSULTANT is given a Task Order by SANITATION DISTRICT; and WHEREAS, on April 27, 2016, the Board of Directors of the SANITATION DISTRICT approved an increase of $25,000.00 for a total compensation not to exceed amount of $225,000.00, with no other changes to the existing Agreement; and Amendment No. 1 PSA2013-001 AMEC ENVIRONMENT&INFRASTRUCTURE,INC. Page 1 of 3 WHEREAS, CONSULTANT has agreed to an increase of $25,000.00 for a total compensation not to exceed amount of$225,000.00 with no other changes to the Agreement. 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. The Agreement is hereby amended to increase the total compensation by $25,000.00 for a total not to exceed amount of$225,000.00. 2. This Amendment No. 1 is supplemental to the Agreement, 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. 3. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any of the provisions of the original Agreement, the provisions of this Amendment No. 1 shall in all respects govern and control. [SIGNATURES ON THE FOLLOWING PAGE] Amendment No. 1 PSA2013-001 AMEC ENVIRONMENT&INFRASTRUCTURE,INC. Page 2 of 3 IN WITNESS WHEREOF, this Amendment No. 1 to the 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. CONSULTANT: AMEC ENVIRONMENT & INFRASTRUCTURE, INC. By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By John Nielsen Date Chair, Board of Directors By Kelly A. Lore Date Clerk of the Board By Marc Dubois Date Contracts, Purchasing and Materials Management Manager Amendment No. 1 PSA2013-001 AMEC ENVIRONMENT&INFRASTRUCTURE,INC. Page 3 of 3 ITEM NO. 4 MINUTES OF THE OPERATIONS COMMITTEE Orange County Sanitation District Wednesday, April 6, 2016, 5:00 p.m. A regular meeting of the Operations Committee was called to order by Committee Chair Withers on Wednesday, April 6, 2016 at 5:00 p.m. in the Administration Building. Vice-Chair Shawver led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: John Withers, Chair Jim Herberg, General Manager David Shawver, Vice-Chair Bob Ghirelli, Assistant General Manager Tom Beamish Celia Chandler, Director of Human Resources Cheryl Brothers (Alternate) Rob Thompson, Director of Engineering Ellery Deaton Ed Torres, Director of Operations and Maintenance Robert Kiley Lorenzo Tyner, Director of Finance & Fred Smith Administrative Services Michelle Steel Tina Knapp, Deputy Clerk of the Board Chad Wanke Jeff Armstrong Mariellen Yarc Greg Blakeley John Nielsen, Board Chair Jim Colston Greg Seboum, Board Vice-Chair Ron Coss Mike Dorman COMMITTEE MEMBERS ABSENT: Mark Esquer Steve Jones Michele Farmer Richard Murphy Dean Fisher Alfredo Garcia Mark Kawamoto Rebecca Long Mark Manzo Kathy Millea Jeff Mohr Lisa Rothbart Roya Sohanaki Steve Speakman OTHERS PRESENT: Brad Hogin, General Counsel Michael Beverage, Alternate Director YLWD Bob Ooten, Alternate Director CMSD Stephen Weisberg, SCCWRP Meredith Howard, SCCWRP 04/06/2016 Opeations Committee Minutes Page 1 of 8 PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Withers did not provide a report. REPORT OF GENERAL MANAGER: General Manager Jim Herberg reminded the Directors of the AB 1825 (discrimination/harassment prevention) training being offered by the District on May 4, 2016 and May 12, 2016 at 2pm. The training is required every two years. CONSENT CALENDAR: Board Vice-Chair Sebourn requested that Item 5 be pulled from the Consent Calendarfor separate consideration. Director Steel requested that the minutes from March 2, 2016 be corrected to indicate she was in attendance at that meeting, not Lisa Bartlett. 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the March 2, 2016, Operations Committee Meeting as corrected. AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy 2. CONTRACT AWARDS FOR FERRIC CHLORIDE PURCHASE (Ed Torres) MOVED. SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Award an agreement with Pencco, Inc. for the purchase of liquid ferric chloride, Specification No. C-2016-75513D, for the period of July 1, 2016 through June 30, 2017, for a unit price of$377 delivered, for an estimated annual amount of$1,131,000 (plus applicable sales tax) with four (4) one- year renewal options; B. Award an agreement with Kemira Water Solutions, Inc. for the purchase of liquid ferric chloride, Specification No. C-2016-755BD, for the period of July 1, 2016 through June 30, 2017, for a unit price of $417 delivered, for 04/06/2016 Operations Committee Minutes Page 2 of 8 an estimated annual amount of$1,251,000 (plus applicable sales tax) with four (4) one-year renewal options; and C. Approve a unit price contingency of 10% per agreement. AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy 3. SEWER LINE CLEANING FOR CITY OF TUSTIN AND UNINCORPORATED COUNTY PROPERTY (Ed Torres) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve Amendment No. 3 to extend the contract term with Performance Pipeline Technologies for the cleaning services of approximately 90 miles of Area 7 sewer pipelines and manholes, for an additional six-month period, beginning July 1, 2016 through December 31, 2016, with one additional 6-month renewal option, for an additional amount of$202,204, increasing the total amount not-to-exceed $404,408. AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy 4. COATING INSPECTION AND CORROSION TESTING SERVICES (Rob Thompson) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve Professional Services Agreements to provide on-call Coating Inspection, Confined-Space Entry Services, and other Corrosion Testing Services for Collection System and Treatment Plant projects, PSA2016-001, for a three-year period effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement ($800,000 total) with the following four firms: • Conpro Companies, Inc. • CSI Services, Inc. • Diversified Project Services International, Inc. (DPSI) • On-Site Technical Services, Inc. 04/06/2016 Operations Committee Minutes Page 3 of 8 AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy Item 5 was pulled and heard separately. Board Vice-Chair Seboum and Director Kiley recused themselves and left the room during the discussion and vote on this item. Director of Engineering Rob Thompson also left the room during the discussion and vote on this item. 5. SURVEYING SERVICES (Dean Fisher) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve Professional Services Agreements to provide on-call Surveying Services for Collection System and Treatment Plant Projects, PSA2016-002, for a three-year period effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement ($800,000 total)with the following four firms: • Stantec Consulting Services, Inc. • Michael Baker International • D. Wooley and Associates, Inc. • Bush and Associates, Inc. AYES: Beamish, Brothers (Alternate), Deaton, Nielsen, Shawver, F. Smith, Steel, Wanks, Withers, and Yarc NOES: None ABSTENTIONS: Kiley (recused) and Sebourn (recused) ABSENT: Jones and Murphy 6. GEOTECHNICAL TESTING SERVICES (Rob Thompson) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve Professional Services Agreements to provide on-call Materials Testing, Inspection, and other Geotechnical Testing Services for Collection System and Treatment Plant projects, PSA2016-003, for a three-year period effective May 1, 2016, for an amount not to exceed $300,000 per individual agreement ($900,000 total)with the following three firms: • Ninyo and Moore • Sequoia Consultants, Inc. • Koury Engineering and Testing, Inc. 04/06/2016 Operations Committee Minutes Page 4 of 8 AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy 7. BIOSOLIDS HAULING SERVICE CONTRACT AWARD (Bob Ghirelli) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Service Contract with Denali Water Solutions to haul Orange County Sanitation District's biosolids from Reclamation Plant No. 1 and/or Treatment Plant No. 2 to Orange County Waste and Recycling's Prima Deshecha landfill and the Inland Empire Regional Compost Facility for a period of one year from the execution date of the contract, for the unit price of $8.96 per ton of biosolids and $ 14.99 per ton of biosolids coupled with fuel surcharges, at an amount not to exceed $600,000 per year with four (4) one-year renewal options; and B. Approve a (10%) unit price contingency. AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy 8. ANNUAL MARINE MONITORING REPORT (Bob Ghirelli) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the 2014-15 Marine Monitoring Annual Report. AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy NON-CONSENT CALENDAR: Assistant General Manager Bob Ghirelli introduced this item, indicating that the Orange County Sanitation District is a charter member of the Southern California Coastal Water Research Project Authority (SCCWRP), dating back to the creation of SCCWRP in 1969 04/06/2016 Operations Committee Minutes Page 5 of 8 and SCCWRP is a Joint Powers Authority. Mr. Ghirelli introduced Dr. Stephen Weisberg, SCCWRP Executive Director. Dr. Weisberg provided a PowerPoint presentation that gave an overview of SCCWRP and the organization's function. A copy of the 2015 SCCWRP Annual Report was distributed to the Directors. Meredith Howard, SCCWRP scientist, gave a PowerPoint presentation reviewing an outfall diversion maintenance experiment of approximately two years ago, on which SCCWRP worked with the Sanitation District. Dr. Weisberg and Ms. Howard responded to questions from the Committee regarding the algal bloom referenced in the presentation. Dr. Weisberg also responded to questions regarding the role of SCCWRP in lobbying efforts, especially in regards to SB 163 (Hertzberg). Mr. Ghirelli indicated that copies of the Annual Marine Monitoring Report are available should a Director wish to obtain a copy. 9. JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) (Bob Ghirelli) MOVED. SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 16-XX entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, approving the Ninth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for four years from July 1, 2017 through June 30, 2021"; and B. Approve annual funding in the amount of $425,000 for FY 2017/18, $450,000 for FY 2018/19, $475,000 for FY 2019/20 and $500,000 for FY 2020/21. AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy Director of Engineering Rob Thompson provided an overview of this item and responded to questions from the Committee regarding the necessity of removing the rocks and the various environmental issues surrounding the rocks being removed or remaining. Mr. Thompson specified that the rocks to be removed are those above the water line. Board Chair Nielsen indicated that diligent efforts were made to negotiate the creation of an environmental protection area upstream. 04/06/2016 Operations Committee Minutes Page 6 of 8 10. SARI ROCK STABILIZERS REMOVAL, PROJECT NO. 2-41-8 (Rob Thompson) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Consider, receive, and file the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the SARI Rock Stabilizers Removal, Project No. 2-41-8, prepared by Michael Baker International; and B. Adopt Resolution No. OCSD 16-XX, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8; Adopting a mitigation monitoring and reporting program; an approving the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8." AYES: Beamish, Brothers (Alternate), Deaton, Kiley, Nielsen, Seboum, Shawver, F. Smith, Steel, Wanks, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Jones and Murphy INFORMATION ITEMS: 11. PRETREATMENT PROGRAM OVERVIEW (Bob Ghirelli) Assistant General Manager Bob Ghirelli introduced Jim Colston, Environmental Compliance Regulatory Affairs Manager, who provided a PowerPoint presentation and an overview of the Source Control Program, also known as the Pretreatment Program. The presentation included topics such as how the Sanitation District ensures discharge limits are being met, the non-industrial program, effectiveness of source control, protection of the Groundwater Replenishment System/investigations, and pretreatment program awards. Mr. Colston provided each Director with one of the Sanitation District's proactive resident outreach program pieces, a door hanger explaining the proper method for discarding grease, which includes a plastic lid that can be used on cans to store grease until the grease can be discarded. DEPARTMENT HEAD REPORTS: Director of Engineering Rob Thompson introduced Mike Dorman, who was recently promoted to Engineering Manager, who will be managing the electrical and control system engineering group. 04/06/2016 Operations Committee Minutes Pagel of 8 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Shawver mentioned the "Cease the Grease" program that is used in the City of Stanton, which provides curbside pick-up of cooking oil. Director Beamish inquired as to when the upcoming LAFCO hearing regarding District 7 is being held: Wednesday, April 13, 2016 at 5:00 a.m. in the Orange County Transportation Authority Boardroom. ADJOURNMENT At 6:00 p.m., Committee Chair Withers declared the meeting adjourned to the next scheduled meeting of Wednesday, May 4, 2016 at 5:00 p.m. Submitted by, Tina Knapp Deputy Clerk of the Board 04/06/2016 Operations Committee Minutes Page 8 of 8 OPERATIONS COMMITTEE MeaHngDae TOBd.OfDir. 04/O6/16 04/27/16 AGENDA REPORT ItemNumber Item Number z s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CONTRACT AWARDS FOR FERRIC CHLORIDE PURCHASE GENERAL MANAGER'S RECOMMENDATION A. Award an agreement with Pencco, Inc. for the purchase of liquid ferric chloride, Specification No. C-2016-75513D, for the period of July 1, 2016 through June 30, 2017, for a unit price of $377 per dry ton delivered, for an estimated annual amount of $1,131,000 (plus applicable sales tax) with four (4) one-year renewal options. B. Award an agreement with Kemira Water Solutions, Inc. for the purchase of liquid ferric chloride, Specification No. C-2016-75513D, for the period of July 1, 2016 through June 30, 2017, for a unit price of $417 per dry ton delivered, for an estimated annual amount of $1,251,000 (plus applicable sales tax) with four (4) one-year renewal options; and C. Approve a unit price contingency of 10% per agreement. SUMMARY BACKGROUND Orange County Sanitation District (Sanitation District) currently purchases ferric chloride through agreements with four vendors. Those agreements are valid through June 30, 2016. RELEVANT STANDARDS • 24/7/365 treatment plant reliability • Meet discharge permit 24/7/365 • Ensure that the public's money is wisely spent PROBLEM A reliable and economical supply of ferric chloride is needed for treatment plant operation. Purchasing ferric chloride is a significant expense. The new agreements are needed to take advantage of current market price reductions. Page 1 of 3 PROPOSED SOLUTION The new agreements will allow the Sanitation District to take advantage of current reductions in the market price. Without the new agreements, the Sanitation District will continue to purchase ferric chloride under the existing agreements, at a higher cost. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION Without the new agreements, the Sanitation District will continue to purchase ferric chloride under the existing agreements, at a higher cost. The current agreements are valid through June 30, 2016. PRIOR COMMITTEE/BOARD ACTIONS May 2013 — Awarded current ferric chloride purchase agreements to four vendors, Specification No. C-2013-55313D. ADDITIONAL INFORMATION Ferric chloride (ferric) is used in the treatment process to improve settleability of solids and control hydrogen sulfide. For the 2015-2016 fiscal year, it is projected that the Sanitation District will use 2.5 million gallons of ferric at a cost of approximately $3.7M. Ferric is used in the United States primarily for wastewater (65%) and water treatment. There are a limited number of suppliers, and production also relies on the raw materials from which it is made. With this in mind, it is important for the Sanitation District to maintain a reliable supply chain that encourages competitive pricing. Prior to the current July 2013 agreements, the Sanitation District utilized a single supplier for 15 years. The 2010 Chemical Sustainability Study identified ferric as one of the most critical chemicals for plant operation. It also highlighted the potential supply disruption and price escalation risks associated with this single-supplier system. As a result, the Sanitation District developed a multiple-vendor supply plan that has been in place since that time, and has worked very well. The current agreements can be extended through June 30, 2018; however, recent improvement in market prices provides the opportunity for the Sanitation District to save over$1,000,000/year by awarding new agreements. A Request for Proposal was issued and four (4) proposals were received. Prices were provided for increments of 1,000 dry tons, up to 6,000 dry tons annually. The estimated cost of various scenarios was calculated based on the unit prices. The award recommendation includes a minimum of two vendors and is the best value option that staff believes will provide adequate supply chain reliability. Page 2 of 3 The bid prices are shown below. Applicable sales tax was included with these values to provide a true comparison of the cost to the Sanitation District for the various options. Tax applies to the purchase price, but does not apply to delivery. Proposal Unit Prices (with Sales Tax for true value comparison) Quantity (Dry Tons/Yr. Kemira Pencco CWT Thatcher 1,000 $433.96 $455.16 $546.77 2,000 $412.36 $455.16 $541.77 3,000 $443.64 $401.56 $476.76 - 4,000 $443.64 $390.76 $498.36 5,000 $390.76 - 6,000 $390.76 - Recommended Agreement Awards (Negotiated) The table below does not include sales tax. Tax is charged separately, so tax is not part of the award amount. Also, the quantity below is the quantity that the Sanitation District is negotiating with each vendor, which is lower than the estimated usage. Negotiated Quantity Unit Vendor (Dry Tons/Yr. Price Agreement Amount Pencoo 3,000 $377 $1,131,000 Kemira 3,000 $417 $1,251,000 Total 6,000 $2,382,000 CEQA N/A BUDGET / PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item is proposed in the Fiscal Year 2016-2017 Budget, Line No. 53. ATTACHMENT The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Agreement with Pencco, Inc. for the purchase of ferric chloride. • Agreement with Kemira Water Solutions, Inc. for the purchase of ferric chloride. Page 3 of 3 AGREEMENT FOR PURCHASE OF LIQUID FERRIC CHLORIDE (FeCI3) SPECIFICATION NO. C-2016-755BD THIS AGREEMENTis made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Pennco, Inc. with a principal place of business at 831 Bartlett Road, Sealy, TX 77474 (hereinafter referred to as "Supplier") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD requires Liquid Ferric Chloride in its sewage treatment process and has prepared Specifications (attached hereto and incorporated herein by reference as Exhibit"A")for the purchase of said Liquid Ferric Chloride; WHEREAS, sealed bids for the Purchase of Liquid Ferric Chloride, Specification No. C-2016- 755BD were solicited, received and opened on February 29, 2016; and WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and Supplier; and WHEREAS, OCSD has chosen Supplier to provide Liquid Ferric Chloride in accordance with Ordinance No. OCSD-47; and NOW, THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and Supplier. The terms and conditions herein exclusively govern the purchase of Liquid Ferric Chloride as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit"A". 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein Exhibits to this Agreement are as follows in order of precedence: Exhibit"A" Scope of Work Exhibit"B" Cost Proposal Form Exhibit"C" Acknowledgement of Insurance Requirements Exhibit"D" OCSD Safety Standards 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 2. Delivery 2.1 LOCATIONS: Deliveries shall be made to Plant 1 located at 10844 Ellis Avenue, Fountain Valley, CA 92708 and Plant 2 located at 22212 Brookhurst Street, Huntington Beach, CA 92646. Deliveries shall be made in accordance with Exhibit"A". Orange County Sanitation District 1 of 8 Specification No. C-2016-755BD 041415 2.2 OCSD will pay only for the actual gallons of Liquid Ferric Chloride delivered, based upon certified tare weight and net weight. Gallons invoiced by Supplier and payable by OCSD will be for the total net gallons of Liquid Ferric Chloride delivered (loaded gross weight minus the tare weight). Tare weight shall be determined immediately after each delivery and prior to cleaning, emptying or clearing the delivery tank. 2.3 A delivery statement shall accompany all shipments and state the weight, gallons, specific gravity of the product and percent delivered. 3. Possession Ownership and control of all Liquid Ferric Chloride delivered pursuant to this Agreement shall remain solely and exclusively with Supplier, until complete transfer of possession by delivery to OCSD at the designated locations is made from Supplier. 4. Quantit 4.1 OCSD makes no guarantee to actual use or quantity of Liquid Ferric Chloride purchased. Use may be sporadic based on the wastewater treatment requirements unique to each treatment plant. 4.2 OCSD will, through the term of this Agreement, purchase Liquid Ferric Chloride from Supplier exclusively, except when OCSD determines Supplier cannot make delivery within the time specified, with the quality and quantity specified, at the Agreement price, the level of service is inadequate, OCSD unapproved increase in active dry pound rate or for any other default or breach of this Agreement. In such event, OCSD may purchase Liquid Ferric Chloride elsewhere and charge Supplier any difference in the delivered price to OCSD from that provided in this Agreement, or alternatively, OCSD may terminate the Agreement based on said breach or failure to deliver the specified product. Quality control tests will be performed by OCSD on the delivered Liquid Ferric Chloride to ensure that Specifications are attained. 5. Pricing and Invoicing 5.1 Supplier will invoice monthly for delivered Liquid Ferric Chloride per Exhibit"A", and at the price(s) listed in the Bid Price Form (attached hereto and incorporated herein by reference as Exhibit 'B"). Prices shall include all cartage and taxes per gallon except California State Sales Tax. The sales tax will be paid by OCSD. 5.2 OCSD shall pay, Net 30 days, upon receipt and approval by the OCSD Project Manager, or designee of itemized invoices, submitted in duplicate, in a form acceptable to OCSD to enable audit of the charges thereon. All invoices must reference the Purchase Order Number. Supplier will mail the invoices to Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA 92708, attention Accounts Payable. All invoices shall include a description of the delivery location, the delivery date and the unit price.All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. 6. Modifications 6.1 This Agreement may be modified or changed only by written instrument in the form of an amendment to this Agreement signed by both Parties. Orange County Sanitation District 2 of 8 Specification No. C-2016-755BD 041415 6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the one-year Agreement term.Quarterly pricing will not be accepted.Any adjustments made will allow for increases or decreases in the manufactured cost of the Liquid Ferric Chloride and will be based upon OCSD validated information furnished by Supplier and OCSD sources. Adjustments will only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed price increase or decrease. 6.3 Price changes may be made through the OCSD Purchase Order Process. 7. Aareement Tenn The purchase of Liquid Ferric Chloride under this Agreement shall be for the period of one (1) year commencing on July 1, 2016 and continuing through June 30, 2017. 8. Renewals 8.1 OCSD may exercise the option to renew the Agreement for up to four(4)one-year periods based upon the criteria set forth in Exhibit "A", 'rf mutually acceptable terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not to renew. The prices established in the original Agreement may be adjusted.The adjustment will allow for any increase or decrease in the manufactured cost of the Liquid Ferric Chloride and will be based upon OCSD validated information furnished by Supplier and OCSD sources.Adjustments will only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed price increase or decrease. 8.2 Renewals may be made through the OCSD Purchase Order Process. 9. Termination 9.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice to Supplier from OCSD. Upon receipt of a termination notice, Supplier shall immediately discontinue all work underthis Agreement(unless the notice directs otherwise). OCSD shall thereafter, within thirty(30)days, pay Supplier for work performed(cost and fee)to the date of termination.Supplier expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of the Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Supplier other than for work performed to the date of termination. 9.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's determination that Supplier is not meeting specification requirements for delivery of quantities needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved increase in rate, or any other default or breach of this Agreement. 9.3 OCSD may also terminate the Agreement for default in whole or in part by written notice to Supplier from OCSD: 9.3.1 if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or 9.3.2 if Supplier sells its business; or 9.3.3 if Supplier breaches any of the terms of this Agreement. 9.4 All OCSD property in the possession or control of Supplier shall be returned by Supplier to OCSD upon demand, or at the termination of this Agreement, whichever occurs first. Orange County Sanitation District 3 of 8 Specification No. C-2016-755BD 041415 10. Indemnification and Hold Harmless Supplier shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Supplier's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Supplier shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Supplier's performance under this Agreement, and/or(b) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted by law, Supplier's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Supplier agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 11. Insurance Supplier shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein by reference as Exhibit "C"). Supplier shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Supplier allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 12. Eauipment Loss OCSD will be responsible for any loss or damage to Supplier-owned equipment, when OCSD determines OCSD is at fault, and will reimburse Supplier for such loss or damage upon receipt of invoices, less a deduction for any amount determined to be the fault of Supplier. 13. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 14. Supplier's Relationship to OCSD Supplier's relationship to OCSD in the performance of this Agreement is that of an independent contractor. The personnel performing services under this Agreement shall, at all times, be under Supplier's exclusive direction and control, and shall be employees of Supplier and not employees of OCSD. Supplier shall pay all wages, salaries and other amounts due its employees in connection with this Agreement, and shall be responsible for all legal reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation and similar matters. Orange County Sanitation District 4 of 8 Specification No. C-2016-755BD 041415 15. Safety and Accident Prevention 15.1 General: In addition to the requirements set forth in Exhibit "A", Supplier shall meet with personnel from OCSD'S Risk Management Division to review safety and accident prevention policies and procedures prior to its initial delivery. All subcontractors should be present at this meeting. Supplier is responsible to inform all subcontractors of the items discussed at this meeting. This meeting shall occur within five (5)working days of the effective date of the Notice to Proceed. 16. Drug-Free Workplace All employees of Supplier who will perform work under this Agreement must adhere to the California Drug-Free Workplace Act, Government Code Sections 8350 through 8357. 17. Assionments Neither this Agreement nor any interest herein or any claim hereunder may be assigned by Supplier either voluntarily or by operation of law, nor may all or substantially all of this Agreement be further subcontracted by Supplier without the prior written consent of OCSD. 16. Attorney's Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to any other relief to which it may be entitled. 19. Permits. Ordinances and Regulations Any and all fees required by Federal, State, County, City and/or local laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement shall be paid by Supplier. Fees demanded for obtaining certificates, including associated inspection fees and expenses of regulatory body inspectors shall be paid by Supplier. 20. Training Certification When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee of Supplier to be certified. Certificates shall be current. Lack of certificates when required will be cause for removal of offending personnel from the site, termination of the Agreement, or both. 21. Compliance With Law Supplier warrants that under the performance of this Agreement, it shall comply with all applicable Federal, State and local laws, and all lawful orders rules and regulations thereunder. In connection with the execution of this Agreement, Supplier shall not discriminate against employees or an applicant for employment because of race, religion, color, sex or national origin. Supplier shall take affirmative action to ensure that applicants are employed and employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rate of pay,or other forms of compensation; and selection for training, including apprenticeship. 22. Disputes 22.1 This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. Pending final resolution of a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and in accordance with OCSD'S decision. Orange County Sanitation District 5 of 8 Specification No. C-2016-755BD 041415 22.2 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation.The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS'), or any similar organization or entity conducting an alternate dispute resolution process. 22.3 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Agreement, each Party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 23. Right to Review Services. Facilities. and Records 23.1 OCSD reserves the rightto review any portion of the services performed by Supplier under this Agreement, and Supplier agrees to cooperate to the fullest extent possible. Supplier shall furnish to OCSD such reports, statistical data, and other information pertaining to Supplier's services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations. 23.2 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Supplier shall not relieve Supplier of any obligation set forth herein. 24. Incorporated Documents 24.1 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the other incorporated documents, the provisions of this Agreement shall in all respects govern and control. 25. Severability Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 26. Waiver The waiver of either Party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such Party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Orange County Sanitation District 6 of 8 Specification No. C-2016-755BD 041415 27. Breach Any breach by Supplier to which OCSD does not object shall not operate as a waiver of OCSD to seek remedies available to it for any subsequent breach. 26. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of law applicable to public contracts are part of this Agreement to the same extent as though set forth herein and will be complied with by Supplier. Supplier shall not pay less than the prevailing wage. 29. South Coast Air Quality Manaaement District's (SCAQMD) Requirements It is Supplier's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Agreement work practices, which may have associated emissions shall comply with the appropriate rules and regulations of the SCAQMD. 30. Performance Time is of the essence in the performance of the provisions hereof. 31. Familiarity with Work By executing this Agreement, Supplier warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Supplier discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Supplier's risk, until written instructions are received from OCSD. 32. Damage to OCSD'S Pros) Any OCSD property damaged by Supplier,any subcontractor,or by the personnel of either will be subject to repair or replacement by Supplier at no cost to OCSD. 33. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Supplier. 34. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 35. Read and Understood By signing this Agreement, Supplier represents that it has read and understood the terms and conditions of the Agreement. 36. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 7 of 8 Specification No. C-2016-755BD 041415 37. Notices All notices under this Agreement must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Larry Roberson Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Supplier: R.L. Horne President Pennco, Inc. 831 Bartlett Road Sealy, TX 77474 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair, Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager PENNCO, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 8 of 8 Specification No. C-2016-755BD 041415 AGREEMENT FOR PURCHASE OF LIQUID FERRIC CHLORIDE (FeCI3) SPECIFICATION NO. C-2016-755BD THIS AGREEMENTis made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley,CA 92708-7018(hereinafter referred to as"OCSD")and Kemira Water Solutions, Inc. with a principal place of business at 4321 West 61" Street, Lawrence, KS 66049 (hereinafter referred to as "Supplier') collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD requires Liquid Ferric Chloride in its sewage treatment process and has prepared Specifications (attached hereto and incorporated herein by reference as Exhibit"A")for the purchase of said Liquid Ferric Chloride; WHEREAS, sealed bids for the Purchase of Liquid Ferric Chloride, Specification No. C-2016- 755BD were solicited, received and opened on February 29, 2016; and WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and Supplier; and WHEREAS, OCSD has chosen Supplier to provide Liquid Ferric Chloride in accordance with Ordinance No. OCSD-47; and NOW, THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement') is made by OCSD and Supplier. The terms and conditions herein exclusively govern the purchase of Liquid Ferric Chloride as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit"A". 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein Exhibits to this Agreement are as follows in order of precedence: Exhibit"A" Scope of Work Exhibit'B" Cost Proposal Form Exhibit"C' Acknowledgement of Insurance Requirements Exhibit"D" OCSD Safety Standards 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 2. Delivery 2.1 LOCATIONS: Deliveries shall be made to Plant 1 located at 10844 Ellis Avenue, Fountain Valley, CA 92708 and Plant 2 located at 22212 Brookhurst Street, Huntington Beach, CA 92646. Deliveries shall be made in accordance with Exhibit"A". Orange County Sanitation District 1 of 8 Specification No. C-2016-755BD 041415 2.2 OCSD will pay only for the actual gallons of Liquid Ferric Chloride delivered, based upon certified tare weight and net weight. Gallons invoiced by Supplier and payable by OCSD will be for the total net gallons of Liquid Ferric Chloride delivered (loaded gross weight minus the tare weight). Tare weight shall be determined immediately after each delivery and prior to cleaning, emptying or clearing the delivery tank. 2.3 A delivery statement shall accompany all shipments and state the weight, gallons, specific gravity of the product and percent delivered. 3. Possession Ownership and control of all Liquid Ferric Chloride delivered pursuant to this Agreement shall remain solely and exclusively with Supplier, until complete transfer of possession by delivery to OCSD at the designated locations is made from Supplier. 4. Quantit 4.1 OCSD makes no guarantee to actual use or quantity of Liquid Ferric Chloride purchased. Use may be sporadic based on the wastewater treatment requirements unique to each treatment plant. 4.2 OCSD will, through the term of this Agreement, purchase Liquid Ferric Chloride from Supplier exclusively, except when OCSD determines Supplier cannot make delivery within the time specified, with the quality and quantity specified, at the Agreement price, the level of service is inadequate, OCSD unapproved increase in active dry pound rate or for any other default or breach of this Agreement. In such event, OCSD may purchase Liquid Ferric Chloride elsewhere and charge Supplier any difference in the delivered price to OCSD from that provided in this Agreement, or alternatively, OCSD may terminate the Agreement based on said breach or failure to deliver the specified product. Quality control tests will be performed by OCSD on the delivered Liquid Ferric Chloride to ensure that Specifications are attained. 5. Pricing and Invoicing 5.1 Supplier will invoice monthly for delivered Liquid Ferric Chloride per Exhibit"A", and at the price(s) listed in the Bid Price Form (attached hereto and incorporated herein by reference as Exhibit 'B"). Prices shall include all cartage and taxes per gallon except California State Sales Tax. The sales tax will be paid by OCSD. 5.2 OCSD shall pay, Net 30 days, upon receipt and approval by the OCSD Project Manager, or designee of itemized invoices, submitted in duplicate, in a form acceptable to OCSD to enable audit of the charges thereon. All invoices must reference the Purchase Order Number. Supplier will mail the invoices to Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA 92708, attention Accounts Payable. All invoices shall include a description of the delivery location, the delivery date and the unit price.All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. 6. Modifications 6.1 This Agreement may be modified or changed only by written instrument in the form of an amendment to this Agreement signed by both Parties. Orange County Sanitation District 2 of 8 Specification No. C-2016-755BD 041415 6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the one-year Agreement term.Quarterly pricing will not be accepted.Any adjustments made will allow for increases or decreases in the manufactured cost of the Liquid Ferric Chloride and will be based upon OCSD validated information furnished by Supplier and OCSD sources. Adjustments will only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed price increase or decrease. 6.3 Price changes may be made through the OCSD Purchase Order Process. 7. Aareement Tenn The purchase of Liquid Ferric Chloride under this Agreement shall be for the period of one (1) year commencing on July 1, 2016 and continuing through June 30, 2017. 8. Renewals 8.1 OCSD may exercise the option to renew the Agreement for up to four(4)one-year periods based upon the criteria set forth in Exhibit "A", K mutually acceptable terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not to renew. The prices established in the original Agreement may be adjusted.The adjustment will allow for any increase or decrease in the manufactured cost of the Liquid Ferric Chloride and will be based upon OCSD validated information furnished by Supplier and OCSD sources.Adjustments will only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed price increase or decrease. 8.2 Renewals may be made through the OCSD Purchase Order Process. 9. Termination 9.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice to Supplier from OCSD. Upon receipt of a termination notice, Supplier shall immediately discontinue all work underthis Agreement(unless the notice directs otherwise). OCSD shall thereafter, within thirty(30)days, pay Supplier for work performed(cost and fee)to the date of termination.Supplier expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of the Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Supplier other than for work performed to the date of termination. 9.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's determination that Supplier is not meeting specification requirements for delivery of quantities needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved increase in rate, or any other default or breach of this Agreement. 9.3 OCSD may also terminate the Agreement for default in whole or in part by written notice to Supplier from OCSD: 9.3.1 if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or 9.3.2 if Supplier sells its business; or 9.3.3 if Supplier breaches any of the terns of this Agreement. 9.4 All OCSD property in the possession or control of Supplier shall be returned by Supplier to OCSD upon demand, or at the termination of this Agreement, whichever occurs first. Orange County Sanitation District 3 of 8 Specification No. C-2016-755BD 041415 10. Indemnification and Hold Harmless Supplier shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Supplier's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Supplier shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Supplier's performance under this Agreement, and/or(b) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted by law, Supplier's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Supplier agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 11. Insurance Supplier shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein by reference as Exhibit "C"). Supplier shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Supplier allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 12. Eauipment Loss OCSD will be responsible for any loss or damage to Supplier-owned equipment, when OCSD determines OCSD is at fault, and will reimburse Supplier for such loss or damage upon receipt of invoices, less a deduction for any amount determined to be the fault of Supplier. 13. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 14. Supplier's Relationship to OCSD Supplier's relationship to OCSD in the performance of this Agreement is that of an independent contractor. The personnel performing services under this Agreement shall, at all times, be under Supplier's exclusive direction and control, and shall be employees of Supplier and not employees of OCSD. Supplier shall pay all wages, salaries and other amounts due its employees in connection with this Agreement, and shall be responsible for all legal reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation and similar matters. Orange County Sanitation District 4 of 8 Specification No. C-2016-755BD 041415 15. Safety and Accident Prevention 15.1 General: In addition to the requirements set forth in Exhibit "A", Supplier shall meet with personnel from OCSD'S Risk Management Division to review safety and accident prevention policies and procedures prior to its initial delivery. All subcontractors should be present at this meeting. Supplier is responsible to inform all subcontractors of the items discussed at this meeting. This meeting shall occur within five (5)working days of the effective date of the Notice to Proceed. 16. Drug-Free Workplace All employees of Supplier who will perform work under this Agreement must adhere to the California Drug-Free Workplace Act, Government Code Sections 8350 through 8357. 17. Assionments Neither this Agreement nor any interest herein or any claim hereunder may be assigned by Supplier either voluntarily or by operation of law, nor may all or substantially all of this Agreement be further subcontracted by Supplier without the prior written consent of OCSD. 16. Attorney's Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to any other relief to which it may be entitled. 19. Permits. Ordinances and Regulations Any and all fees required by Federal, State, County, City and/or local laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement shall be paid by Supplier. Fees demanded for obtaining certificates, including associated inspection fees and expenses of regulatory body inspectors shall be paid by Supplier. 20. Training Certification When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee of Supplier to be certified. Certificates shall be current. Lack of certificates when required will be cause for removal of offending personnel from the site, termination of the Agreement, or both. 21. Compliance With Law Supplier warrants that under the performance of this Agreement, it shall comply with all applicable Federal, State and local laws, and all lawful orders rules and regulations thereunder. In connection with the execution of this Agreement, Supplier shall not discriminate against employees or an applicant for employment because of race, religion, color, sex or national origin. Supplier shall take affirmative action to ensure that applicants are employed and employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rate of pay,or other forms of compensation; and selection for training, including apprenticeship. 22. Disputes 22.1 This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. Pending final resolution of a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and in accordance with OCSD'S decision. Orange County Sanitation District 5 of 8 Specification No. C-2016-755BD 041415 22.2 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation.The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS'), or any similar organization or entity conducting an alternate dispute resolution process. 22.3 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Agreement, each Party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 23. Right to Review Services. Facilities. and Records 23.1 OCSD reserves the rightto review any portion of the services performed by Supplier under this Agreement, and Supplier agrees to cooperate to the fullest extent possible. Supplier shall furnish to OCSD such reports, statistical data, and other information pertaining to Supplier's services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations. 23.2 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Supplier shall not relieve Supplier of any obligation set forth herein. 24. Incorporated Documents 24.1 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the other incorporated documents, the provisions of this Agreement shall in all respects govern and control. 25. Severability Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 26. Waiver The waiver of either Party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such Party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Orange County Sanitation District 6 of 8 Specification No. C-2016-755BD 041415 27. Breach Any breach by Supplier to which OCSD does not object shall not operate as a waiver of OCSD to seek remedies available to it for any subsequent breach. 26. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of law applicable to public contracts are part of this Agreement to the same extent as though set forth herein and will be complied with by Supplier. Supplier shall not pay less than the prevailing wage. 29. South Coast Air Quality Manaaement District's (SCAQMD) Requirements It is Supplier's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Agreement work practices, which may have associated emissions shall comply with the appropriate rules and regulations of the SCAQMD. 30. Performance Time is of the essence in the performance of the provisions hereof. 31. Familiarity with Work By executing this Agreement, Supplier warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Supplier discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Supplier's risk, until written instructions are received from OCSD. 32. Damage to OCSD'S Pros) Any OCSD property damaged by Supplier,any subcontractor,or by the personnel of either will be subject to repair or replacement by Supplier at no cost to OCSD. 33. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Supplier. 34. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 35. Read and Understood By signing this Agreement, Supplier represents that it has read and understood the terms and conditions of the Agreement. 36. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 7 of 8 Specification No. C-2016-755BD 041415 37. Notices All notices under this Agreement must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Larry Roberson Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Supplier: Christina M. Imbrogno Customer Service Manager Kemira Water Solutions, Inc. 4321 West 61h Street Lawrence, KS 66049 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair, Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager KEMIRA WATER SOLUTIONS, INC. Dated: By: Print Name and Title of Officer IRS Employers I.D. Number Orange County Sanitation District 8 of 8 Specification No. C-2016-755BD 041415 OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 04/06/16 04/27/16 AGENDA REPORT em Number Iem Numbe 3 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: SEWER LINE CLEANING FOR CITY OF TUSTIN AND UNINCORPORATED COUNTY PROPERTY GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 3 to extend the contract term with Performance Pipeline Technologies for the cleaning services of approximately 90 miles of Area 7 sewer pipelines and manholes, for an additional six-month period, beginning July 1, 2016 through December 31, 2016,with one additional 6-month renewal option,for an additional amount of$202,204, increasing the total amount not-to-exceed $404,408. SUMMARY BACKGROUND Contractor services, currently provided by Performance Pipeline Technologies, are used to clean the local sewers in Service Area 7. This area includes the City of Tustin and unincorporated county areas north of Tustin, including the El Modena Islands. Performance Pipeline Technologies was originally the lowest responsive bidder using a competitive process in 2010. Their contract expired in June 2015 and a sole source contract was executed in July 2015. This action was taken because these sewers are currently in the Local Agency Formation Commission (LAFCO) process of being transferred. RELEVANT STANDARDS • Maintain a proactive asset management program • Less than 2.1 sewer spills per 100 miles • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • Ensure that the public's money is wisely spent PROBLEM LAFCO is reviewing the transfer of Area 7 sewers to another public agency, had unexpected delays and is now projecting a transfer by December 2016. The current contract expires on June 30, 2016. Changing vendors will require an expensive start- up for a new firm as equipment costs exceed $1.0 million. In addition, a lapse of service is likely because of start-up activities for a new firm and risks associated with learning the sewer system as required for a new vendor. Page 1 of 2 PROPOSED SOLUTION In order to avoid lapse in services, risks associated with start-up, and undue burden on vendor, an extension to the existing contract based on the current cleaning plan best meets the Orange County Sanitation District's needs. Performance Pipeline Technologies has agreed to hold its current unit price schedule firm during the extended contract period. RAMIFICATIONS OF NOT TAKING ACTION A lapse in service, short term decrease in reliability, and increased potential for spills. PRIOR COMMITTEE/BOARD ACTIONS May 2015, approved a Sole Source Contract, Minute Order 7. ADDITIONAL INFORMATION Approval of this contract extension does not guarantee the total contract amount be paid to the Contractor should services not be utilized. Therefore, if the sewers are transferred sooner, the contract will be terminated. An annual service contract was awarded in 2010, and included four 1-year renewals. Bidding complied with Orange County Sanitation District (Sanitation District) policy, procedure, and authority levels. Performance Pipeline Technologies was the lowest responsive bidder. CEQA N/A BUDGET/ PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance OCSD47. This service is included in the proposed Operations and Maintenance FY 2016- 2017 Operating Budget (Line item 90) Object number 53180. Dale of Approval Contract Amount Continnency 5/27/2015 $202,204 $0.00 4/2 712 01 6 $202,204 $0.00 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Amendment No. 3 to Contract • Previous Contract Amendments No. 1 & 2 MAE:eh:sr Page 2 of 2 AMENDMENT NO. 3 To Sole Source Service Contract For Sewer Line Cleaning for City of Tustin and Unincorporated County Property THIS AMENDMENT TO THE AGREEMENT is made and entered into, to be effective on the date set forth below, by and between Orange County Sanitation District (hereinafter referred to as "OCSD") and Performance Pipeline Technologies (hereinafter referred to as "Contractor') collectively referred to as the "Parties". WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between OCSD and Contractor, the effective date of which is July 1, 2015 ("the Contract"); and WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be called Amendment No. 3 ("Amendment"); and WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized execution of this Amendment between OCSD and Contractor; and WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the Contract and become a part thereof from the beginning; and WHEREAS, the Parties desire that the Contract as modified by Amendment No. 1, Amendment No. 2, and this Amendment shall constitute the sole and entire Contract among the Parties; NOW, THEREFORE, in consideration of these premises and the mutual covenants contained herein, the Parties agree to amend the Contract to: 1. Section 2 Compensation — Increase compensation for this Contract by an additional two hundred two thousand two hundred four dollars ($202,204.00). Compensation for this Contract shall not exceed the total amount of Four Hundred Four Thousand Four Hundred Eight Dollars ($404,408.00). 2. Section 9 Contract Term — Extend the current termination date from June 30, 2016 to December 31, 2016. Include an additional option to renew the Contract for up to one (1) six-month period in accordance with the terms and conditions set forth in this Section. Except as expressly amended above, the Contract will remain unchanged and in full force and effect. 1 of 2 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Amendment No. 3 to be signed by the duly authorized representatives as of the day and year last signed below. Oranae County Sanitation District Performance Pipeline Technologies By: Contracts/Purchasing Manager Date Date Name: Chair, Board of Directors Date Title: Clerk of the Board Date 4121/16 2 of AMENDMENT NO. 1 To Sole Source Service Contract For Sewer Line Cleaning for City of Tustin and unincorporated County Property THIS AMENDMENT TO THE CONTRACT is made and entered into, to be effective on the date last signed below, by and between Orange County Sanitation District hereinafter referred to as "OCSD" and Performance Pipeline Technologies (hereinafter referred to as " Contractor') collectively referred to as the"Parties". WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between OCSD and Contractor, the effective date of which is July 1, 2015 ("the Contract"); and WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be called Amendment No. 1 ("Amendment"); and WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the Contract and become a part thereof from the beginning; and WHEREAS, the Parties desire that the Contract as modified by this Contract shall constitute the sole and entire Contract among the Parties; NOW, THEREFORE, in consideration of these premises and the mutual covenants contained herein, the Parties agree to amend the Contract to: 1. Replace the existing Orange County Sanitation District Sanitary Sewer Overflow Notification Procedures in the Scope of Work with the latest version dated August 3, 2015 (attached hereto and incorporated herein together as Exhibit "A-1"). Except as expressly amended above, the Contract will remain unchanged and in full force and effect. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Amendment No. 1 to be signed by the duly authorized representatives as of the day and year last signed below. Oran u Sanitation District Performance Pipeline Technologies By: l Z�` /0- 5-IS Co tracts/Purchasing Manager Date 10124e Name: Geue (OLASShW,Jc/ Date Title: OU�,tlr� 10/2/15 Procedure No: ECSOP-009 a COUrdy Sanitation District Path: WntglobanControl Center Orange Reports\Spill Procedures&FormMOLD Fonns-Procedures\SSO Notification Procedures Official_05.30.14.doc Sanitary Sewer Overflow Notification Date: August 3, 2015 Procedures Approved by: James Colston PROCEDURE REVISION HISTORY Rev. Date Approval 0 March 30, 2004 Robert P. Ghirelli,Technical Services Director 1 April 12, 2006 Robert P. Ghirelli,Technical Services Director 2 August 21, 2007 Edward M. Torres,Technical Services Director 3 January 16, 2009 Edward M. Torres,Technical Services Director 4 February 10, 2011 James E. Colston, Environmental Compliance Manager 5 August 3, 2015 James E. Colston, Environmental Compliance Manager 1. PURPOSE AND SCOPE The purpose of the Sanitary Sewer Overflow (SSO) Notification Procedures is to provide a procedure for prompt notification to Orange County Sanitation District (OCSD) staff and appropriate public agencies of an unauthorized release of wastewater(raw or treated sewage or industrial wastewater). It also clarifies the roles of each division regarding SSO response and reporting responsibilities. 2. DEFINITIONS A. CASC: Countywide Area Spill Control Program B. CIWQS: California Integrated Water Quality System - SSO Reporting System C. LRO: Legally Responsible Official that certifies SSO Reports in CIWQS D. Non-Working Hours: Hours when day-shift staff are not on-site. E. OCHCA: Orange County Health Care Agency F. OCSD's Service Area: Includes corridors where the regional trunk sewers, interceptor, and pump stations are located. Also includes local sewers where OCSD has operations and maintenance responsibility. G. DES: Office of Emergency Services Sanitary Sewer Overflow Notification Procedures 1 of 18 Effective 08-03-15 Procedure No.ECSOP-009 H. Private Property SSO: Sewage discharges that are caused by blockages or other problems within a privately owned lateral. SSOs that are caused by a blockage in an OCSD-owned line are not considered private property per the definition in the Statewide SSS WDR permit. I. OC Public Works: Orange County department that protects the public county-wide from the threat of floods by constructing, operating and maintaining major flood control channels, dams, retarding basins, pump stations. J. RWQCB: California Regional Water Quality Control Board, Santa Ana Region K. SSO: Sanitary Sewer Overflow; or sewage spill L. SSS WDR: Statewide General Waste Discharge Requirements for sanitary sewer systems issued on May 2, 2006, by the SWRCB to all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility. An updated MRP was approved on September 2013. M. SWRCB: California State Water Resource Control Board N. Working Hours: Monday— Friday, 6:30 a.m. —5:00 p.m. 3. RESPONSIBILITIES OVERVIEW A. Division 140, Public Affairs: Receive and respond to phone rails from the media or general public related to SSOs. Visit an SSO site when media is present. Notify cities, fire departments, police departments, etc. of SSOs when public relations are warranted. B. Division 250, Information Technology: Work with Division 340, 790, and 830 to resolve problems with Internet/Network connection when non-operational. Once the Internet/Network is operational, relay the information to the appropriate division. C. Division 260, Risk Management: Responds to ensure that the safety of responders and the public is not compromised while carrying our response operations. Risk Management provides critical support with SSOs, and emergency operations center activations including establishing an incident command post in the field. D. Division 340, Collections: Project manager and the division responsible for the SSS WDR to develop, implement, maintain a preventative maintenance program, and certify SSO reports. Respond to reports of possible SSOs from OCSD's facilities; Contain and coordinate the cleanup of OCSD SSOs, including making every effort to recover sewage from the storm drain before it reaches a surface water; Document actions taken using field reports, pictures, maps, etc.; Assist member agencies when possible and document actions; Deal directly with private property owners, this does not necessarily mean field staff but individuals should be instructed to contact supervisors/management if they have specific questions. The Manager is a designated LRO that can certify SSO Reports. Sanitary Sewer Overflow Notification Procedures 2 of 18 Effective 0953-15 Procedure No. ECSOP-009 Also responds to reports of possible SSOs that may involve industrial process waters and document actions taken. Responsible for the Water Quality Monitoring Requirements collection of SSO samples from SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. This includes collections of SSO samples, labeling of samples, delivery of samples to the Lab, replenishing Water Quality Sampling spill kit supplies, and documenting the sampling. Designated Collections Office Staff(and back-up Person) • Compile all SSS WDR required SSO information, including field reports, pictures, maps, sampling results, calculations, problem reports, and submit package to Division 790 in a timely manner for review (i.e. For a Category 1 and 2 report, submit information by the second day. For a Category 3 report, submit information by the 151n of the following month). File in appropriate directories; • Coordinate with EC regarding CIWQS SSO Reporting System issues; • Provide training for Division 340 CIWQS SSO Reporting System issues and reporting responsibilities; • Point of contact for Division 790. Relays information provided by 790 to 340 staff. E. Division 790, Environmental Compliance (EC): Liaison with regulators and SSS WDR compliance overseer. Assure regulatory agency notifications and any additional necessary notifications are fulfilled. Visit SSO site as required in the EC Sanitary Sewer Overflow Response Procedure, EC-SOP-008. Submits drafts of the Category 1, 2, and 3 SSOs to CIWQS for compliance with the SSS WDR. Review SSO reports before certification by Legally Responsible Official. Assist with SSO tracking and attend meetings to clarify compliance related issues and requirements. Provide support by contacting CASC contractors to respond to SSOs that enter flood control channels. Coordinate the Water Quality Monitoring Requirements per Section 4, subsection F, with Collections and Laboratory. Report the Water Quality Monitoring results from the Laboratory to CIWQS. F. Division 830, Operations— Plant No. 1: Control Center: Coordinate SSO response by receiving and processing preliminary information on possible SSOs. Notify necessary divisions, member agencies, and regulatory agencies (after- hours) by phone, radio, text (PNA) and numeric pagers, and e-mail as necessary. Document actions by filling out the SSO report in the CIWQS SSO Reporting System. If the CIWQS SSO Reporting System is down at the time of the SSO, complete the SSO report on the appropriate CIWQS SSO Reporting System data sheet found in the Collections System Binder and follow up by entering the data into the CIWQS SSO Reporting System at a later time. G. Division 890, Environmental Sciences Lab and Ocean Monitoring: Receive water quality samples from Collections staff on SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. Perform analysis on water quality samples. Report water quality samples results to Environmental Compliance staff. Supply Collections staff with water quality sampling spill kits when requested. Sanitary Sewer Overflow Notification Procedures 3 of 18 Effective 08-03-15 Procedure No. ECSOP-009 H. Member Agencies (Cities and Sanitation Districts): Respond to reports of SSOs that may involve their Collections systems or private sewer systems that may impact the municipal storm drain system. Contain and clean-up their respective SSOs, protect their storm drains, and notify necessary regulatory agencies. I. OC Public Works and Stormwater Co-permitees: Protect County and co- permittee stonnwater conveyance facilities from illegal discharges (including sewage). Provide support by contacting CASC contractors to respond to SSOs that enter flood control channels. J. Orange County Health Care Agency: Goal is to protect the public health from an SSO including responding to SSOs and closing beaches and other recreational waters. K. Private Property Owner: Remove the blockage (e.g., call a plumber) and stop using water that goes to the sewer until the blockage is removed. OCSD may assist with containment and clean-up if sewage enters public right-of-way. Local city or OC Public Works or OCHCA stormwater code/ordinance enforcement can assist with uncooperative owners. OCSD is not authorized and will not participate in the cleaning of any privately owned lateral lines. 4. SSO REPORTING AND NOTIFICATION PROCEDURES NOTE: Regulatory and other affected agencies require initial notification as soon as possible without jeopardizing the response process (no later than two hours). A. SSO Report Received (1) Control Center staff shall initiate documentation of the reported SSO (who, what, when, where, why) on a Spill Interview Form (Attachment A . (2) Control Center staff shall determine whether the reported SSO is in the OCSD's service area or is the responsibility of another agency using the Sphere of Influence, Sewer Atlas, other available resources in the Control Center, and/or with the assistance of Collections staff. B. SSO from the OCSD's Facilities (1) If the Control Center determines that the possible SSO may be related to the OCSD's facilities, Control Center staff shall contact and relay the available information for investigation and/or control of reported SSO to the on-duty Collections Supervisor or Designee during the day shift or standby Collections staff during after-hours. (2) Control Center staff shall notify OCSD staff and regulators of the possible SSO via an Outlook e-mail and provide the available information to the Spill notification - Sewage with PNA distribution list (see Attachment B for recipients— includes internal, OCHCA, OC Public Works, and RWQCB staff). For small, non-critical events (using the Operations supervisor's best judgment) when reports are taken between 10 p.m. and 5 a.m., the control Sanitary Sewer Overflow Notification Procedures 4 of 18 Effective 08-03-15 Procedure No. EC-SOP-009 center staff may utilize the Spill Notification - Sewage w/o PNA (Attachment 5) (no pagers are noted). The following information should be included in the preliminary e-mail notification if available: • Responsible city, agency, private property owner • Date and time • Incident location including address and city • Problem description • Response status • If it entered a storm drain • Estimated volume (3) Upon arrival on site and preliminary investigation of reported SSO, Collections staff will confine whether or not there is an SSO and the status of their response and containment. (4) Collections staff will make sketches and take photographs of the SSO, and they will forward digital files to the designated Collections Office staff responsible for compilation of SSO reports. Collections staff will file all SSO documents on the electronic server at: H:\dept\fss\340\Groups\Collections Facilities O&M\Common\Field Photos\SPILL REPORTING PHOTOS. (5) Control Center staff will send out intermittent updates as new information becomes available to the Spill notification - Sewage with PNA subscribers. (6) The on-duty member of the EC staff shall notify OCHCA staff with a phone call for any SSO volume (see Attachment C). If the SSO is equal to or greater than 1,000 gallons also contact DES. • During the night and weekend shifts: contact the County of Orange Control 1 instead of OCHCA. • Responsible staff shall complete all applicable regulatory notifications in accordance with the Decision Table in Attachment C. (7) Collections staff or managers may request Control Center staff to contact other staff that may be required (e.g., ESL, Public Affairs, EC, Contractors). They may also request Control Center staff to determine the location and direction of flow for storm drains in the SSO area, This information is located on a set of 80 large County of Orange facility drawings in the Control Center or online at OC Public Works website hftp://www.ocwatersheds.com/watersheds.aspx (8) Control Center staff shall create a service request number in the CMMS System. Staff will then enter the SSO data into the CIWQS SSO Reporting System or if it's non-operational on the appropriate CIWQS SSO Reporting System data sheet found in the Collections System Binder and follow up by entering the data into the CIWQS SSO Reporting System at a later time. Documentation in either the CIWQS SSO Reporting System or data sheet will continue throughout the SSO response and related preliminary information received during communications with the responding Collections staff. Sanitary Sewer Overflow Notification Procedures 5 of 18 Effective 0jZ 15 Procedure No. ECSOP-009 Control Center staff shall confirm all field-related preliminary information on the CIWQS SSO Reporting System with Collections staff and send updates to the Spill notification- Sewage with PNA distribution list as information becomes available. (9) When Collections staff and Control Center staff believe the preliminary information is as complete as possible for the response and clean-up (usually after Collections staff leaves the site), Control Center staff shall povide a final notification of the SSO to the Spill notification - Sewage with PNA distribution list. (10) By the end of the reporting period, the designated Collections Office Staff shall review the SSO report and any information provided by other divisions including Collections, and Construction Management to verify the preliminary information and to ensure accuracy. The designated Collections Office staff will make any necessary changes and additions in the CIWQS SSO Reporting System and submit the final report to EC staff in a timely manner for their review. EC shall perform Quality Assurance/Quality Control of the final report and make necessary corrections in the CIWQS SSO Reporting System. When all changes are complete, EC staff will click on the Ready to Certify button so that the LRO can certify the SSO report for compliance. (see EC Sanitary Sewer Overflow Response Procedure, EC-SOP-008) C. SSO from Private Property (1) Control Center staff shall notify and/or dispatch Collections staff, especially in Area 7, to determine if the OCSD sewer is causing the problem. (2) See Section B above. Response is the same. However, no field pictures, sketches or calculations are required. Control Center staff shall note in the CIWQS SSO Reporting System that the problem was a Private Property SSO. Information provided in the CIWQS SSO Reporting System will include the following: • Responsible private property owner • Date and time • Incident location including address, city and zip code • Problem description • If it entered a storm drain • Estimated volume (3) If Collections staff informs Control Center staff that the blockage is located in the private property owner's lateral, they will request the owner/property manager to relieve the blockage (including calling out a plumber immediately if necessary). Due to liability concerns and the possibility of damage to the property owner's line in OCSD trying to solve the situation, it is against OCSD policy for Collections staff to work on private lines, although supervisors or management may authorize this work on a case-by-case basis. (4) /f the property owner or the occupant of the property can not be reached or refuses to call a plumber AND the private property discharge is Sanitary Sewer Overflow Notification Procedures 6 of 18 Effective 08-03-15 Procedure No. EC-SOP-009 entering the public right-of-way or a storm drain, Environmental Compliance staff shall call OC Health Care (714-433-6419) (Control 1 after hours— 714-628-7008) to request health code%rdinance enforcement assistance. Environmental Compliance staff can also request response from the City of Tustin Code Enforcement Office during working hours (714-573-3106) for issues within the City limits (NOT in Unincorporated OCSD 7). The County and the local cities are required by their NPDES permit to not allow sewage to discharge to storm drains, and they have the legal authority to enforce their requirements, which may include shutting off the water supply and other measures. (5) If a member of the public calls to report a reoccurring or ongoing SSO on private property or that we can not otherwise assist them, they can report the problem by calling 24-Hour Water Pollution Problem Reporting Hotline 877-891-7455 or logging onto htto:/hvww.ocwatershed.com/ and clicking on Pollution Hotline. Staff can also use this mechanism, but official agency calls should be made to Control Center. (6) Control Center staff shall provide a final notication through Spill Notification - Sewage w/o PNA (Attachment B) that the spill response has been completed. (7) EC staff will include the Private Property SSO report as part of the CIWQS SSO Reporting submittal. D. SSO NOT Located in the OCSD's Service Area or OCSD Staff Does Not Respond to SSO Site (1) Control Center staff shall: a. Refer the problem to the correct agency. b. Document the agency's name, contact person, time of contact, and phone numbers on the internal Collections System Problem Report. E. SSO NOT OCSD's Facility BUT Responsible Agency Requests Assistance (1) Control Center staff shall notify and/or dispatch Collections Facilities staff, if available. (2) See Section B above. Response is the same. However, no field pictures, sketches or calculations are required. Control Center staff shall note in the internal Collections System Problem Report that the problem was not an OCSD's SSO. (3) Provide notification through Spill Notification - Sewage w/o PNA (Attachment 5) as usual F. Water Quality Monitoring Requirements —Sampling and Testing Water quality sampling and testing is required to assess impacts from SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. Sampling is conducted by the Collections staff, Testing is conducted by the Sanitary Sewer Overflow Notification Procedures 7 of 18 Effective 08-03-15 Procedure No. EC-SOP-009 Laboratory staff, and Reporting is conducted by Environmental Compliance staff. The water quality monitoring requirements are listed below: (1) In the event of an SSO that reaches a surface water and has a volume of 50,000 gallons or greater the Collections staff will inform their Supervisor and the Control Center that water quality sampling will be performed. The Control Center will then notify appropriate staff(e.g. Environmental Compliance spill reporting staff who will coordinate the Water Quality Monitoring response). (2) The Collections staff shall use personal protective equipment (PPE) while performing sampling and proceed only when it is determined to be feasible and safe. The Collections staff will be equipped with a Water Quality Sampling spill kit (e.g. sterilized bottles, labels, and chain of custody form). (3) The Collections staff shall collect water quality samples from three (3) locations in the receiving water in which the SSO entered: i. 50 feet upstream of the SSO point of entry in the receiving water; ii. at the SSO point of entrance in the receiving water; iii. 50 feet downstream of the SSO point of entry in the receiving water. (4) Collections shall photograph, map, and mark the location of the three (3) sample locations for future reference in the field report. (5) Collections shall collect one (1) each of bacteriological water sample in a special sterilized bottle from the upstream, entrance, and downstream receiving water site. The sterile bottles can be found in the Water Quality Sampling spill kit. (6) Collections shall collect one (1) each of ammonia sample in a special sterilized bottle from the upstream, entrance, and downstream receiving water site. The sterile bottles can be found in the Water Quality Sampling spill kit. (7) Collections shall label the six (6) field samples with the date, time, location, and sampler's initials. (8) Collections shall keep the samples under ice until transferred to the OCSD laboratory. (9) Collections staff will bring samples back to OCSD laboratory for analyses and fill out the chain of custody form (COC) as soon as possible. (10)Samples are assigned chain of custody forms that are completed throughout the sampling, analysis, and reporting process. (11)OCSD laboratory staff shall log the samples into LIMS and analyze the six (6) field samples for ammonia and appropriate bacterial indicator. Ammonia and bacterial indicator analysis procedures are maintained at the Laboratory. Sanitary Sewer Overflow Notification Procedures 8 of 18 Effective 08-03-15 Procedure No. EC-SOP-009 (12)The Laboratory shall provide the results of the analysis to Environmental Compliance for inclusion in the SSO report. 5. REFERENCES California Code of Regulations, Title 23, Section 2250 California Fish and Game Code, Chapter 2, Article 1, Section 5650 California Health and Safety Code, Division 5, Chapter 6, Article 2, Sections 5410-5415, 5460-5462 California Water Code (Porter Cologne Act) Section 13271 EC Sanitary Sewer Overflow Response Procedure, EC-SOP-008 State Water Resources Control Board Order No. 2006-0003, Statewide General WDR for Wastewater Collection Agencies S. ATTACHMENTS A. Control Center Spill Interview Form B. Spill Notification Contacts C. Spill Notification Decision Matrix and Contact List Sanitary Sewer Overflow Notification Procedures 9 of 18 Effective 08-03-15 Procedure No. ECSOP-009 Attachment A Collection System Problem Report—Sample Form Page 1 of 2 Orange County Sanitation District CONTROL CENTER SPILL INTERVIEW FORM Call Initiated: Date: Time: CMMS Work Order k: PERSON REPORTING PROBLEM: Date First Noticed Spill: Time First Noticed Spill: Name: Agency: Spill Location: City: Phone# (Use Unincorporated Coanry if applicable) Nearest Cross Street: Thomas Guide'Page&Coordinates: IF A RESIDENT IS REPORTING PROBLEM: Notes: Example Opening statement Well Ee dispatching our field craw,momentarily. To help us most effectively respoM to your call, we need some additional masaination. These questions should only take a minute,but volt help us tremendously in better resporxling to your toll. For me new responders, is mere a g000 re erence landmark?(shops, hooves,etc.) Did you see water flowing from a manhole? Yes❑ No Ll Don't Know _ If not,where is it coming from? Why do you think it's sewage? (Is there an odor?/Does the manhole say"OCSD"or"sewerT) How fast is the water Flowing?(Is it a small trickle out the side or is it ithing thomob all outlets with form? Is the water flowing in or to the street utter? Yes No Don't Know Lj Do you know if storm drain catch basin is nearby? YCS No Don't Know Is the water Flowing to or about m get to that catch basin? Yes No Don't Know Approximately bow wide and deep is the(Flowing or wet) Dee : Wide: water path? P Have you called any other agencies ar did another agency refer you to us? IF ANOTHER AGENCY IS REPORTING PROBLEM: Notes: If we find out me spill belongs to another ctlylagency always ask the question: is your agency,handling all no iacati m ans 8 docuentation?' If they are,OCSD only has to document our Involvement. I. Do you have a crew currently onsite? Yes❑ No❑ Don't Know❑ a. Use,have they contained the spill and protected storm Yes❑ NO ❑ Don't Know❑ drains? b. If rmt,will your agency be responding? Yes No Don't Know 2. Is the water flowing in or to the street gutter? Yes Nol j Don't KnowEj 3. Is the water flowing to a storm drain/catch basin? YesLjNoLjDon't Know Lj a. Approximately how wide and deep is the(Ilm%mg or Deep:_ Wide' wait water path? Sanitary Sewer Overflow Notification Procedures 10 of 18 Effective 08- 33-15 Procedure No. EC-SOP-009 Although ure will be responding as quickly as possible sru request thus If the answers to In and 1b.are NO,and 2 or 3 is your staff sun protecting the smrm dmins,setting up containment and YES,then you should state the following: my necessmy trelttc conmol until we WNW unarm. These measures me Y B imponent to protect the environment and possibly prevent a beech closure. How fast is the water flowing?(Is it a small trickle out the side or is it gushine through all outlets with form?) Sanitary Sewer Overflow Notification Procedures 11 of 18 Effective o8-03-15 Procedure No. ECSOP-0o9 Attachment A _ Collection System Problem Report— Sample Form Page 2 of 2 Orange County Sanitation District CONTROL CENTER SPILL INTERVIEW FORM QUESTIONS FOR THE COLLECTIONS CREW: Notes: Fill in the Blanks: If there are any blanks left on page one,ask Collections these questions when they arrive onsite. General information: Is this a District problem(i.e., in,from, or caused by District's facilities)? Yes❑ No ❑ Type of spill: Sewage ❑ Chemical (I.W.) ❑ Other❑ Size of line(not cleanouq: inches Did any sewage reach storm drain? Yes ❑ No ❑ List receiving water(ifknown): Newport Bay❑ Santa Ana River❑ San Gabriel River❑Other Cause of spill: Grease ❑ Roots ❑ Other Debris ❑ Rain-related Inflow❑ Line Break ❑ Vandalism ❑ Other❑ Initial Estimated volume: gallons Estimated amount recovered to sewer or vactored: gallons Response: Responding Personnel: Responding Vehicles: 1.)Time Collections was first contacted: 2.)Time arrived onsite: 3.)Time containment set: 4.)Time blockage cleared: 5.)Time clean up complete/left site: Sanitary Sewer Overflow Notificafion Procedures 12 of 18 Effective 0843-15 Procedure No. EC-SOP-009 Attachment B Spill Notification Contacts CONTACTS CONTAINED IN SPILL NOTIFICATION- SEWAGE DISTRIBUTION LIST Name Division I Agency Notified via E-mail or PNA Pager? Jim Herbern 110 Boar Bob Ghirelli 110 Both Jennifer Cabral 110 Both Wesley Bauer 260 Both George Rivera 260 Both Randall Kleiman 260 E-mail Nick Amontes 310 Both Me*Esquer 310 Both Pemn,Echavarria 310 Email William Cassidy 340 Both Peter Cherie 340 E-rnae Donald Cleveland 340 Both John Gonzalez 340 Both James Cabral 340 Both Eric SbaMoen 340 Both Mike Bolster 340 Both David Yager 341 PNA Brian Reed 342 Emad Hamlet Khublall 750 Email Terry Kris 760 Email Dindo Carrillo 790 Both Lisa Ha 790 Both Use It 790 Both Jim Colston 790 Both Deirdre Smarten 790 Both Tom Meremillano 790 Email Tom Gawaski 720 E-mail Memll Seiler 790 Both Mice Zsdek 790 Email Ed Tones 810 Email Tony Lee 830 Email Peter McGrath 830 Both Victoria Raymond 830 Email John Bellit9 830 Email Mike Berdis 830 Both Ken Won $30 Both Kurt Shelp 830 Email Jim Spears 830 Both Mike VwWirckelmann 890 Email Ron Coss 890 Email Superacdpt numbers Waste order of EC respwdem Sanitary Sewer overflow Notification Procedures 13 of 18 Effective 08-03-15 Procedure No. EC-SOP-009 CONTACTS CONTAINED IN SPILL NOTIFICATION- SEWAGE DISTRIBUTION — EXTERNAL Notified via E-mail or EYokoyama ame Division/Agency PNA Cell? n OC Public Works Email ChrisCrompton OC Publie Wanks Email OC PubW Works Email OC Pubic Wong E-mail Lon ler OCHCA E-mail ama OCHCA E-mail RWOCB Email 'Ile RWOCB E-mail EC CONTACT INFORMATION Back-Up Order Name Internal Cell D-mdo Carrillo' 1-EC 790 x 7476 (714)343-0333 Lisa Hare 2-EC 796 x 7404 (714)330-0827 Lisa Rothbart 3-EC 790 x 7405 14 227-9886 Jim Colston 4-EC 790 x 7450 (714)803-1397 •EC Primary Spill Responders will carry EC Spill cell phone(714343-0333). NOTIFICATION CONTACTS Normal Hours After Hours OCpCA(Please call down the list until someone has been Contacted) Control 1: (714)628-7008(will contact m(714)433-6419(Office Support Staff) OCHCA on-call staff) Dan Yokoyana (714)433.6288 to Larry Brennla (714)433.6284 RWOCB—Water Board Santa Ana Region(951)7824130 24 hours: (951)7824130 Najah Amin(951)320.6362 OES: (800)852-7550 OES (Office of Emergency Services)(800)852-7550 24 hours OC Public Works (714)955-0600(storm drain/flood channel facility owners) Control 1: (714)628-7008 877 89-SPILL 897-7455 24 Hr Hotline Callmns (949)724-2607 24 hours California Highway Patrol OC Communications Center(949)559-7888 24 hours traffic control/road way hazard on hichways and unincorporated areas Cad Warren&Company Ed Garbo(Home): (714)283.8769 OCSWs Third Party Administrator Joan Week(Home): (714)549-0703 (publialprivae property damage) (800)572.6900 Ed Garbo(714)740-7999,x123 Sanitary Sewer Overflow Notification Procedures 14 of 18 Effective 08-03715 Procedure No.ECSOP-009 CITY, SEWER, AND WATER AGENCY CONTACTS CITY BUSINESS OFF-HOURS NOTIFICATION E- COMMENTS HOURS MAIL PUBLIC WORKS I CITIES Anaheim F14)765-6850 (714)765b15 W IvechioneCcOnaheim.net 24-hr Emergency Dispatch 14 765.3300 14 7654860 Off-hrs. Brea (714)990.7648 (714)990-7911 Jemm(EldAiea.ca.us Off-hours: Police Dept. 714 990.7691 bionesAbuenaoarcco Buena Park (714)562-MSS (714)5623902 In Off-hours: Police Dept. rhunt buene aik.com Qy QuezAucypmss. Cypress (949)724-7502 (562)594-7232 a.us, Off--hours: Police Dept. (714)2296760 (714)2296600 pdickwnrdci.cvpres&ca .us Fountain Valley (714)593-4493 14)593A483 Steve.hauerwaasMun tainvallev.om Off-hours:Police Dept. 714 593-0600 dandPci.fullerton.ra.us. PattyL(a.d.fullenpn.ca,u s(sewer spills), (714)7386715 BNRAci.fullertoo.ca.us Fullerton (714)7386897 (714)7386700 (sewer spills) Oft-hours: Police Dept. GeneVis ci.fullerton.ra. us(stormthanna0, Doue RGpci.fullertcn.oa. us stonelhezmat (714)960.8861 caravi5surfaty-h1h.om Huntington Beach (714)960-8830 (714)960-8825 iionesr@surtdty-hb.om Op-hours: Police Dept. 714 536-5921 (949)453-5300 kilanigbirwd.com Irvice (949)724-7516 (949)724-7000 p.d. O Police Deice De Call IRWD w 949 724-7600 pt. La Habra (562)905-9708 (562)---.— caracilo com nafametealahabr Off-hours:Police Dept 562 905-9782 La Palma (714)523-1140 (714)6903368 ofik amaCiwuAaoalma. Off-hours: Police Dept Laguna Beach (949)497-0765 "497-0717 Off-hours:Police Dept. Hours:7am-3:3 Newport Beach (949)644.3011 (949)644-3717 ebur!Acitv.newoort- beach.ca.us Off-hours: Police Dept. Orange (714)744-5525 (714)538-1961 Xcertscher(d dirmforan 14 5326480 e.cr Placentia 14 993.8245 14 993-8164 WA Off-hours:Police Dept. San Clemente (949)366-1563 (949)366-1553 848 361-8224 San Juan (949)493-6363 Off-hours:Answering Capistrano 949 443-1171 (949 Service Santa Ana (714)647-3380/ (714)8344211 p.d. Rick Strenberg cell:(714) 3344 402-7042 or Police Dept Seal Beach 562 431-2527 5M)7994100 WA Off-hours:Police Dept. t smAciatenton.ram (714)3794M, (714)288-6742 s Stanton )Q05 (Sherfffs) 6 dassrdci.stantomca.0 Off-hours:Sheriffs Dept. s (714)573-3150 rveeRtustinca.om Tustin (714)5733 (714)SM3225200, Police aocnzeles(rt sfincca.om Off-hours:Police Dept. Field Service kncuvenGptusGnra.am Cell(714)337-5214 1 oNhallAmIlaoark.om Off-hours: Lead Villa Park (714)998-1500 (714)497-7391 Maintenance Mike Knowles and Ken Domer Westminster 14 898-3311 14 898-3315 1 Off-hours:Jeff Howell Sanitary Sewer Overflow Notification Procedures 15 Of 18 Effective 08-03.15 Procedure No.ECSOP-009 (0 for operebr) 1A26 wee Public Works Manager,eM. or 911 6290 Yorba Linda C' 14 951-7170 14 990-7911 1 1 Off-hours: Police Dept. SANITATION DISTRICTS (949)631.1731 (714)7544WM lomfauth0ci.costa- Off-hours:Answering Costa Mesa (714)393-4433 (714)3934433/ mesa.ca.us Service/Police Dept 714 337-3535 7545152 Dana Point (949)499-4555 Ernie Garde Oft-hours:Answering (part of SCWD 949 496.9322 2WO137 Service at 949 499.4555 Garden Grove (714)741-5395 (714)7415704 p.d brenthAu.aarden-mve,ca.us Oft-hours: Police Dept. LA.Sanitation 662 699-7411 Midway City and (714)893-M3 (714)310.9004 Oft-hours:Standby Westminster Cellular phone O.C.S.D. 14 962-2411 14 593-7025 Off-hours:Control Center Rossmoor Loa Off-hours:Standby Pager Alamitos Sewering (562)431-2223 (582)708-1772 OR General Manager District (562)4004M Susan Bell OR Mekkty Hiller Sunset Beach ( )493-9932 (714) �� Off-hours:Answering 14 330-3128 Service WATER DISTRICTS EOCWD 714 538-5815 El Toro (949)837-0660 (949)837-7D50 Administration Center with Answering Service Irvine Ranch (949)453-5300 (949)4535 mberts®irwd.com Off-hours:Answering300 Service Los Alamitos 562 431-2223 Los Alamitos Los Afisos(IRWO) (949)830-0580 After hour-answer service Moulton Nl ue 949 831-2500 949 8312500 24-hour service Orange County (714)288.2475 (714)538-1%1 Off-hours:Answering 14 378-3200 Service Santa Margarita 949 459-6400 949 459-6581 Santiago County (714)649-2630 Off-hours:Answering IRWD 949 453-5300 Service South Coast" (949)4994555 Off-hours:Answering Service (949)551-8580 Trash only TrsbuCO Canyon (949)858-0277 (949)856-0277 Off-hours:Answering Service Yorba Linda (714)701-3050 Off-hours:Answering Service COUNTY OF ORANGE OC Public Works (877)89-SPILL (877)89SPILL Off-hours:Answering 897-7455 tD7-745 Service Daytime Secondary Number/Off-hours Answering Service "Cities carved-Laguna Nguel,Aliso V ,Laguna Hills. Sections of Mission Viejo and North Dana Point "Cites served-Dana Point,Capistrano Beach and South Laguna Phone numbers last updated:123(11 Sanitary Sewer Overflow Notification Procedures 16 of 18 Effective OB-03-15 Procedure No. EGSOP-009 Attachment C Spill Notification Decision Matrix and Contact List Page 1 of 1 Cheddfst Guidance NYM Notify: If a possible spill of any size is . Collections Supervisor, Designee, or Standby reported to the District . Plant No. 1 Chief Operator or Designee E-mail brief notifice0on to internal staff,OCHCA,and RWQCB via the Spill rrodgcation-Sewage wfh PNA disbibulion list in Outlook. Include the following information,if known and available: . Responsible city,agency,private property owner If a spill of any size is confirmed by . Notified date and time Collections staff . Incident location including address and city . Problem description . Response status . If it entered a storm drain . Estimated volume If Collections staff confirm the spill Call the responsible Agency or City. See Contact City List above. to be a non-Districts line (This includes private property spills where the spill is on City property.) Fill out Collections System Problem Report. If the spill is estimated to be less Call:OCHCA' (714)433-6419/6015 than 1,000 gallons If the spill is estimated to be equal Call:OCHCA'(714)433641916015 to or greater than 1,000 gallons DES(800)852-7550 If spill discharging to storm drains/ Call OCHCA'(714)4336419 16015 flood confrul OC PUBLIC WORKS- (714)955.0600 DES(800)852-7550 If the private property owner is Call OC PUBLIC WORKS' (714)955-0600 uncoopemlive and public property OCHCA'(714)4336419/6015 and/or storm drains are Impacted (After Hours Control 1,at(714)628.7008 and request storm water ordinance enforcement). If the spill possibly contains Call:Collections Division—William Cassidy at(714)593-7372 irdushial process water? OCHCA'(714)4336419, and RWQCB'(951)782.4130 If hazardous materials are a Notify the local police,fire,or sheriffs department,Collections— possible concern? William Cassidy at(714)593.7372,and Risk Management—Wesley Bauer at(714)263.5304. If local oversight or enforcement is Contact the kraafgoveming city,especially for gutter and storm drain needed response or it the spill is flowing to city property. Notify the local police or sheriffs department. OCHCA sndlorthe If command and control authority is local city may also be of assistance. OC PUBLIC WORKS/Control 1 needed can enforce against illegal discharges to storm drains throughout the count . Sanitary Sewer Overflow Notification Procedures 17 of 18 Effective 08-03.15 Procedure No. EC-SOP-009 Cheddbt Guidance ff If traffic control is a concern Notify the local police or sheriffs department,California Highway Patrol,(949)559-7888 or Calhans(949)724-2607 as necessary If the spill has the potential to As the District's management directs, notify the Dish ct's Third-Parry damage public orprivate properly Administrator,Cad Warren 8 Company, to determine whether their representative should respond to the scene at(800) 572-6900. II an SSO atdlB arm hI a,m:Wy Gonad t and Nay MI make the necessary wntads. Sanitary Sewer Overflow Notification Procedures 18 of 18 Effective 08-03-15 Procedure No. EC-SOP-009 AMENDMENT NO. 2 To Sole Source Service Contract For Sewer Line Cleaning for City of Tustin and Unincorporated County Property THIS AMENDMENT TO THE CONTRACT is made and entered into, to be effective on the date set forth below, by and between Orange County Sanitation District hereinafter referred to as "OCSD" and Performance Pipeline Technologies (hereinafter referred to as " Contractor") collectively referred to as the "Parties". WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between OCSD and Contractor, the effective date of which is July 1, 2015 ("the Contract"); and WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be called Amendment No. 2 ("Amendment"); and WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the Contract and become a part thereof from the beginning; and WHEREAS, the Parties desire that the Contract as modified by Amendment No. 1 and this Amendment shall constitute the sole and entire Contract among the Parties; NOW, THEREFORE, in consideration of these premises and the mutual covenants contained herein, the Parties agree to amend the Contract to: 1. Delete "Not Used" and add "Price Form" in reference to Exhibit "B" in subsection 1.2 (Page 1 of 9) of the Contract. 2. Add the attached "Price Form" to Exhibit "B" of the Contract. 3. Renew the Contract for the one and only additional six-month period to be effective January 1, 2016 and terminate June 30, 2016 in accordance with subsection 9.1 (Page 3 of 9) of the Contract. Except as expressly amended above, the Contract will remain unchanged and in full force and effect. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Amendment No. 2 to be signed by the duly authorized representatives as of the day and year last signed below. �ra County Sanitation District Performance Pipeline Technolooiss By: Qom— 12•'1 - is ntracts/ u g Manager Date Name: �Gtt �Ii.SSH�IJ�I c(' Date Title: Qk1N2.f 11/24/15 EXHIBIT B PRICE FORM Description Rate(Includes 3.5%Increase) 1. 6-Inch diam. Pipe Cleaning - 2,500 ft. $0.29 L/F 2. 6-Inch diam.Pipe Cleaning w/Root Cutting-750 ft $1.04 L/F 3. 8-inch diam.Pipe— 850,000 ft. $0.31 L/F 4. 8-Inch diam.Pipe w/Root Cutting— 255,000 ft $0.47 L/F 5, 10-Inch diam.Pipe— 31,000 ft $0.33 L/F 6, 10-Inch diam.Pipe w/Root Cutting—9,300 ft $0.50 L/F 7, 12-Inch diam.Pipe—26,000 ft. $0.36 L/F S. 12-Inch diam.Pipe w/Root Cutting- 7,800ft $0.50L/F 9. 15-Inch diam.Pipe— 13,098 ft. $0.36 L/F 10. 18-Inch diam.Pipe—2,383 ft $0.52 L/F "NOTE: Lengths shown are approximate. Payment will be made on actual work Performed. OPERATIONS COMMITTEE Meng D310 TOBE. Dir. 04/lti06/16 04/27/1Or6 AGENDA REPORT ItemNumber Item Number 4 7 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: COATING INSPECTION AND CORROSION TESTING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements to provide on-call Coating Inspection, Confined-Space Entry Services, and other Corrosion Testing Services for Collection System and Treatment Plant projects, PSA2016-001, for a three-year period effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement ($800,000 total) with the following four firms: • Conpro Companies, Inc. • CSI Services, Inc. • On-Site Technical Services, Inc. • Diversified Project Services International, Inc. (DPSI) SUMMARY BACKGROUND The Orange County Sanitation District (Sanitation District) uses outside specialty Consultants for coating inspection and corrosion testing services in support of Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. RELEVANT STANDARDS 1, 5, 20-year CIP plans updated annually Highly-qualified, well-trained, motivated, and diverse workforce Maintain a proactive asset management program PROBLEM The Sanitation District has a need for on-call coating inspection, confined-space entry, and corrosion testing services. Currently, the Sanitation District has contracts with two firms that provide these services. The current contracts are expiring and a Request for Proposal (RFP) was issued to provide continuance of these services. Page 1 of 3 PROPOSED SOLUTION The Sanitation District advertised an RFP on December 10, 2015 and four proposals were received. Based on the Sanitation District's standard evaluation process and pursuant to government codes, staff recommends approval of the Professional Services Agreements with Corrpro Companies, Inc.; CSI Services, Inc.; On-Site Technical Services, Inc.; and Diversified Project Services International, Inc. (DPSI). TIMING CONCERNS The current contracts will be expiring and the budgets expended. Delaying the new contracts will prevent the use of these services to support Collection System and Treatment Plant projects. RAMIFICATIONS OF NOT TAKING ACTION Increased risk to construction quality and code compliance in Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The proposed service agreements shall cover a three-year period. The recommended contract amounts are based on the average of the number and type of test and inspections utilized over the past three years, and the anticipated needs going forward for the next three years. Staff will use these Consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the Consultant if their services are not used. Staff Evaluation of Proposals: The four proposals received were evaluated on three predefined and equally weighted criteria: 1. Approach and Understanding of the Scope of Work 2. Staff Qualifications 3. Related Project Experience Page 2 of 3 The evaluation team reviewed and ranked the proposals received as follows: PROPOSAL EVALUATION SCORES Proposer Rank Corrpro Companies, Inc. 1 CSI Services, Inc. 2 On-Site Technical Services, Inc. 3 DPSI 4 All of the proposed consultants were evaluated to be well qualified, and based on the number of proposals received, all of the proposers are being recommended for award of professional services agreements. The fee proposals for the selected firms were opened on March 22, 2016 and the rates were reviewed for general conformance and found to be acceptable. Contracts are recommended to be awarded to Corrpro Companies, Inc.; CSI Services, Inc.; On-Site Technical Services, Inc.; and Diversified Project Services International, Inc., each for an amount not to exceed $200,000. CEQA This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA does not apply. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. Funds for this item are included in the individual project budgets that require these services. ATTACHMENT The following attachment(s) may be viewed on-line at the OOSD website (wwwocsd.corn with the complete agenda package: Professional Services Agreements DF:dm:gc Page 3 of 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the Vt day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and CORRPRO COMPANIES, INC., for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Coating Inspection, Confined-Space Entry, and Corrosion Testing Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2016-001; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-001 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations, may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. This markup is not in addition to the one-time mark- up of 15% referred to in Section 111.16 REQUIREMENTS of Attachment A, Scope of Work and must be used only one time as it applies to the work performed by a subcontracted Coating Inspector, when applicable. PSA PSA2016-001 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-001 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%)of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-001 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract forwhich Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-001 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Workers Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-001 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-001 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-001 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-001 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-001 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-001 Page 11 of 16 CONSULTANT: Comoro Companies, Inc. Mike Prosperi 10260 Matem Place Santa Fe Springs, CA 90670 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-001 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEYS FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-001 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-001 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-001 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date CORRPRO COMPANIES, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-001 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and COATING SPECIALISTS & INSPECTION SERVICES, INC., for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Coating Inspection, Confined-Space Entry, and Corrosion Testing Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA201I6-001; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-001 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations, may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. This markup is not in addition to the one-time mark- up of 15% referred to in Section 111.16 REQUIREMENTS of Attachment A, Scope of Work and must be used only one time as it applies to the work performed by a subcontracted Coating Inspector, when applicable. PSA PSA2016-001 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-001 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%)of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-001 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract forwhich Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this PSA PSA2016-001 Page 5 of 16 AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-001 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-001 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-001 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-001 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-001 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-001 Page 11 of 16 CONSULTANT: Coating Specialists & Inspection Services, Inc. Patrick Sweeney P.O. Box 801357 Santa Clarita, CA 91380 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-001 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-001 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-001 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-001 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date COATING SPECIALISTS & INSPECTION SERVICES, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-001 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC., for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Coating Inspection, Confined-Space Entry, and Corrosion Testing Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA201I6-001; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-001 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations, may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. This markup is not in addition to the one-time mark- up of 15% referred to in Section 111.16 REQUIREMENTS of Attachment A, Scope of Work and must be used only one time as it applies to the work performed by a subcontracted Coating Inspector, when applicable. PSA PSA2016-001 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-001 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%)of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-001 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract forwhich Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this PSA PSA2016-001 Page 5 of 16 AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-001 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-001 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-001 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-001 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-001 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-001 Page 11 of 16 CONSULTANT: Diversified Project Services International, Inc. Brian Wilson 5351 Olive Drive, Suite 100 Bakersfield, CA 93308 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-001 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-001 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-001 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-001 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-001 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and ON-SITE TECHNICAL SERVICES, INC., for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Coating Inspection, Confined-Space Entry, and Corrosion Testing Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2016-001; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016, the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-001 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations, may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. This markup is not in addition to the one-time mark- up of 15% referred to in Section 111.16 REQUIREMENTS of Attachment A, Scope of Work and must be used only one time as it applies to the work performed by a subcontracted Coating Inspector, when applicable. PSA PSA2016-001 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-001 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%)of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-001 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENT TERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this PSA PSA2016-001 Page 5 of 16 AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-001 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-001 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-001 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-001 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10.SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13.AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-001 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-001 Page 11 of 16 CONSULTANT: Ron Coleman On-Site Technical Services, Inc. 12842 Valley View, Suite 108 Garden Grove, CA 92648 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16.TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18.COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19.AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-001 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21.ATTORNEYS FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22.WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-001 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25.COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-001 Page 14 of 16 26.CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-001 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date ON-SITE TECHNICAL SERVICES, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form as Redacted Attachment"J" OCSD Safety Standards CMM PSA PSA2016-001 Page 16 of 16 OPERATIONS COMMITTEE Meng Date TOBd. Dir. 04/aH06/16 04/27/1of6 AGENDA REPORT ItemNumber Item Number s B Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Dean Fisher, Engineering Manager SUBJECT: SURVEYING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements to provide on-call Surveying Services for Collection System and Treatment Plant Projects, PSA2016-002, for a three-year period effective May 1, 2016, for an amount not to exceed $200,000 per individual agreement ($800,000 total) with the following four firms: • Stantec Consulting Services, Inc. • D. Wooley and Associates, Inc. • Michael Baker International • Bush and Associates, Inc. SUMMARY BACKGROUND The Orange County Sanitation District (Sanitation District) uses outside specialty Consultants for on-call surveying services in support of Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. RELEVANT STANDARDS • Maintain a proactive asset management program PROBLEM The Sanitation District has a need for on-call surveying services. Currently, the Sanitation District has contracts with two firms that provide these services. The current contracts are expiring and a Request for Proposal (RFP)was issued to provide continuance of these services. Page 1 of 3 PROPOSED SOLUTION The Sanitation District advertised a RFP on December 10, 2015 and nine proposals were received. Based on the Sanitation District's standard evaluation process and pursuant to government codes, staff recommends approval of the Professional Services Agreements with Stantec Consulting Services, Inc.; D. Wooley and Associates, Inc.; Michael Baker International; and Bush and Associates, Inc. TIMING CONCERNS The current contracts will be expiring and the budgets expended. Delaying the new contracts will prevent the use of these services to support Collection System and Treatment Plant projects. RAMIFICATIONS OF NOT TAKING ACTION Increased risk to quality assurance and code compliance in Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The proposed service agreements shall cover a three-year period. The recommended contract amounts are based on the average of the number and type of surveys utilized over the past three years, and the anticipated needs going forward for the next three years. Staff will use these Consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the Consultant if their services are not used. Staff Evaluation of Proposals: The nine received proposals were evaluated on three predefined and equally weighted criteria: 1. Approach and Understanding of the Scope of Work 2. Staff Qualifications 3. Related Project Experience Page 2 of 3 The evaluation team reviewed and ranked the received proposals as follows: PROPOSAL EVALUATION SCORES Proposer Rank Stantec Consulting Services, Inc. 1 D. Woolley and Associates, Inc. 2 Michael Baker International 3 Bush and Associates, Inc. 4 Towill 5 Guide Surveying, Inc. 6 Tait and Associates, Inc. 7 Huitt-Zollars 8 Precision 9 The fee proposals for the top selected firms were opened on March 22, 2016 and the rates were reviewed for general conformance and found to be acceptable. Contracts are recommended to be awarded to Stantec Consulting Services, Inc.; D. Wooley and Associates, Inc.; Michael Baker International; and Bush and Associates, Inc., each for an amount not to exceed $200,000. CEQA This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA does not apply. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. These funds are included in the individual project budgets that require these services. ATTACHMENT The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: Professional Services Agreements DF:dm:gc Page 3 of 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and STANTEC CONSULTING SERVICES, INC., for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Surveying Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2016.002; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-002 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-002 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent It 00%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-002 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-002 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at sec, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-002 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty(20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-002 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail'coverage with the present or new carrier. PSA PSA2016-002 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-002 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-002 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANT's personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-002 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-002 Page 11 of 16 CONSULTANT: Stantec Consulting Services, Inc. Jim Steines 38 Technology Drive, Suite 100 Irvine, CA 92618 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-002 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-002 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-002 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-002 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date STANTEC CONSULTING SERVICES, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-002 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and MICHAEL BAKER INTERNATIONAL, INC., for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Surveying Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2016.002; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-002 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-002 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent It 00%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-002 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-002 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract forwhich Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-002 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty(20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-002 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail'coverage with the present or new carrier. PSA PSA2016-002 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-002 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-002 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANT's personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-002 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-002 Page 11 of 16 CONSULTANT: Michael Baker International, Inc. William Cox 14725 Alton Parkway Irvine, CA 92618 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-002 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-002 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-002 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-002 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date MICHAEL BAKER INTERNATIONAL, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-002 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and D. WOOLLEY&ASSOCIATES, for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Surveying Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2016.002; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-002 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-002 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent It 00%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-002 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-002 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at sec, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-002 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty(20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-002 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail'coverage with the present or new carrier. PSA PSA2016-002 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-002 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-002 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANT's personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-002 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-002 Page 11 of 16 CONSULTANT: D. Woolley &Associates David E. Woolley 2832 Walnut Avenue, Suite A Tustin, CA 92780 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-002 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-002 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-002 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-002 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date D. WOOLLEY&ASSOCIATES By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-002 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and BUSH &ASSOCIATES, INC., for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for Surveying Services for the Sanitation District's Capital Improvement Program, Facilities Engineering, Operations, and Maintenance Projects, PSA2016.002; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-002 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Thousand Dollars ($200,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-002 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent It 00%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-002 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-002 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract forwhich Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-002 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty(20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-002 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-002 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-002 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-002 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANT's personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the PSA PSA2016-002 Page 10 of 16 SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-002 Page 11 of 16 CONSULTANT: Bush &Associates, Inc. David A. Bush 18017 Sky Park Circle, Suite Q Irvine, CA 92614 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-002 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA PSA2016-002 Page 13 of 16 Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-002 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-002 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date BUSH &ASSOCIATES, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-002 Page 16 of 16 OPERATIONS COMMITTEE Meng D310 TOBE. Dir. 04/lti06/16 04/27/1Or6 AGENDA REPORT Item Item Number 6 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: GEOTECHNICAL TESTING SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements to provide on-call Materials Testing, Inspection, and Geotechnical Testing Services for Collection System and Treatment Plant projects, PSA2016-003, for a three-year period effective May 1, 2016, for an amount not to exceed $300,000 per individual agreement ($900,000 total) with the following three firms: • Ninyo and Moore • Sequoia Consultants, Inc. • Koury Engineering and Testing, Inc. SUMMARY BACKGROUND The Orange County Sanitation District (Sanitation District) uses outside specialty consultants for materials testing, inspection, and geotechnical testing services in support of Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. RELEVANT STANDARDS 1, 5, 20-year CIP plans updated annually • Highly-qualified, well-trained, motivated, and diverse workforce Maintain a proactive asset management program PROBLEM The Sanitation District has a need for on-call materials testing, inspection, and geotechnical testing services. Currently, the Sanitation District has contracts with three firms that provide these services. The current contracts are expiring and a Request for Proposal (RFP) was issued to provide continuance of these services. Page 1 of 3 PROPOSED SOLUTION The Sanitation District advertised an RFP on December 10, 2015 and 12 proposals were received. Based on the Sanitation District's standard evaluation process and pursuant to government codes, staff recommends approval of the Professional Services Agreements with Ninyo and Moore; Sequoia Consultants, Inc.; and Koury Engineering and Testing, Inc. TIMING CONCERNS The current contracts will be expiring and the budgets expended. Delaying the new contracts will prevent the use of these services to support Collection System and Treatment Plant projects. RAMIFICATIONS OF NOT TAKING ACTION Increased risk to quality assurance and code compliance in the Capital Improvement Program, Facilities Engineering, and Operations and Maintenance projects. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The proposed service agreements shall cover a three-year period. The recommended contract amounts are based on the average of the number and type of test and inspections utilized over the past three years, and the anticipated needs going forward for the next three years. Staff will use these Consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the Consultant if their services are not used. Staff Evaluation of Proposals: The twelve received proposals were evaluated on three defined and equally weighted criteria: 1. Approach and Understanding of the Scope of Work 2. Staff Qualifications 3. Related Project Experience Page 2 of 3 The evaluation team reviewed and ranked the received proposals as follows: PROPOSAL EVALUATION SCORES Proposer Rank Ninyo and Moore 1 Sequoia Consultants, Inc. 2 Koury Engineering and Testing, Inc. 3 GMU Geotechnical, Inc. 4 CTE South, Inc. 5 United Inspection and Testing 6 HAI (Hushmand Associates, Inc.) 7 RMA Group 8 Heider Inspection Group 9 Aesco 10 Twining, Inc. 10 Amec 12 The fee proposals for the top selected firms were opened on March 22, 2016 and the rates were reviewed for general conformance and found to be acceptable. Contracts are recommended to be awarded to Ninyo and Moore; Sequoia Consultants, Inc.; and Koury Engineering and Testing, Inc., each for an amount not to exceed $300,000. CEQA This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA does not apply. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. Funds for this item are included in the individual project budgets that require these services. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: Professional Services Agreements DF:dm:gc Page 3 of 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and NINYO & MOORE, for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL TESTING SERVICES FOR THE SANITATION DISTRICT'S CAPITAL IMPROVEMENT PROGRAM, FACILITIES ENGINEERING, OPERATIONS, AND MAINTENANCE PROJECTS, PSA2016.003; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on cBoardMeetingDate»the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-003 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Three Hundred Thousand Dollars ($300,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-003 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent It 00%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-003 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-003 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3) years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-003 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-003 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-003 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-003 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-003 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all PSA PSA2016-003 Page 10 of 16 requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Suboonsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-003 Page 11 of 16 CONSULTANT: Kurt S. Yoshii Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-003 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or PSA PSA2016-003 Page 13 of 16 (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-003 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-003 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date NINYO& MOORE By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form as Redacted Attachment"J" OCSD Safety Standards CMM PSA PSA2016-003 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and SEQUOIA CONSULTANTS, INC., for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL TESTING SERVICES FOR THE SANITATION DISTRICT'S CAPITAL IMPROVEMENT PROGRAM, FACILITIES ENGINEERING, OPERATIONS, AND MAINTENANCE PROJECTS, PSA2016-003; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on oBoardMeetingDate»the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-003 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Three Hundred Thousand Dollars ($300,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-003 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: I. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-003 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-003 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-003 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-003 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-003 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-003 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-003 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all PSA PSA2016-003 Page 10 of 16 requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Suboonsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-003 Page 11 of 16 CONSULTANT: Pri DeSilva Sequoia Consultants, Inc. 361 West Grove Avenue Orange, CA 92865 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-003 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (al CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or PSA PSA2016-003 Page 13 of 16 (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-003 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-003 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date SEQUOIA CONSULTANTS, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form as Redacted Attachment"J" OCSD Safety Standards CMM PSA PSA2016-003 Page 16 of 16 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 1-'day of May, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and KOURY ENGINEERING AND TESTING, INC., for purposes of this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties"or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide Professional Services for MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL TESTING SERVICES FOR THE SANITATION DISTRICT'S CAPITAL IMPROVEMENT PROGRAM, FACILITIES ENGINEERING, OPERATIONS, AND MAINTENANCE PROJECTS, PSA2016-003; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on April 27, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of all tests, inspections, reports, and other services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants and/or Subcontractors. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants and/or Subcontractors. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. PSA PSA2016-003 Page 1 of 16 C. In the event that CONSULTANTS services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its tests, inspections, reports or other services within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, tests, inspections, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Three Hundred Thousand Dollars ($300,000), over a three (3)year period. The SANITATION DISTRICT will compensate the CONSULTANT for the services provided according to the unit prices and/or hourly rates, as applicable, for the items included in Attachment"D" Fee Schedule. Each unit price and/or hourly rate represents all costs for performing the Work, including but not limited to technician labor, driving time, vehicles, equipment and materials, equipment calibration, overhead, profit, report writing, office reviews and supervision, and other miscellaneous charges. B. Other Direct Costs OCSD may authorize other items that may be necessitated due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. These items will be reimbursed based on actual cost incurred. A one-time mark-up of 15% for additional equipment rentals, materials and outside services required for field work and investigations may be allowed, as applicable, if justified. No additional markup is allowed by Consultant on other direct costs resulting from work performed by its Contractors. PSA PSA2016-003 Page 2 of 16 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. CONSULTANT will submit monthly or periodic statements, separately for each project or Task, covering services and/or work performed no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT, to request payment. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including: • Tasks completed, identified by the Task number assigned to each Task. • Detailed breakdown of all costs incurred per task performed, and all back-up documentation for each Task. • Copy of the daily notes or tasks including the signature of the SANITATION DISTRICT's Inspector approving the day's work. • Running total of services billed, services paid, services billed but not paid, and the amount of the contract remaining. B. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Audit Provisions stated herein below. C. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent It 00%)of the invoiced amount on a unit price or hourly rate basis per task order. D. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: I. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each task order. E. The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each task order. F. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PSA PSA2016-003 Page 3 of 16 G. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. H. Pursuant to the California False Claims Act(Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. I. A CONSULTANT, Subconsultant or Subcontractor shall be deemed to have submitted a false claim when the CONSULTANT, Subconsultant or Subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. J. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services under this Agreement will exceed seventy-five percent(75%) of the not-to- exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to- exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's requests for payment. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 5. PREVAILING WAGES To the extent CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT and its Subconsultant(s)and/or Subcontractor(s) shall be subject to prevailing wage requirements with respect to such employees. PSA PSA2016-003 Page 4 of 16 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees, Subconsultants and/or Subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(3). 7. AGREEMENTTERM The services provided under this AGREEMENT shall be for the period of three (3)years, commencing on May 1, 2016 and continuing through April 30, 2019. 8. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to tests, inspections, reports, original plans, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or PSA PSA2016-003 Page 5 of 16 AGREEMENT, the CONSULTANT shall have the right to make copies of all such tests, inspections, reports, plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the tests, inspections, reports, plans or deliverables where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 9. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. PSA PSA2016-003 Page 6 of 16 C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF"and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PSA2016-003 Page 7 of 16 In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PSA2016-003 Page 8 of 16 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA PSA2016-003 Page 9 of 16 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 10. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 11. PROJECT TEAM AND SUBCONSULTANTS AND SUBCONTRACTORS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants, Subcontractors and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant, Subcontractor and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant and/or Subcontractor, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants, Subcontractors and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 12. ENGINEERING REGISTRATION The CONSULTANTS personnel and Subconsultants and/or Subcontractors are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 13. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all PSA PSA2016-003 Page 10 of 16 requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Suboonsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 14. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants and/or Subcontractors into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 15. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Bill Gilbert, Project Manager PSA PSA2016-003 Page 11 of 16 CONSULTANT: Koury Engineering and Testing, Inc. Karyna Duran 14280 Euclid Avenue Chino, CA 91710 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 16. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed above. 17. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 18. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 19. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PSA2016-003 Page 12 of 16 20. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 21. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 22. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 23. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (al CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or PSA PSA2016-003 Page 13 of 16 (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 24. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the Safety Manual, as applicable, all of which may be amended from time to time. PSA PSA2016-003 Page 14 of 16 26. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PSA2016-003 Page 15 of 16 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date KOURY ENGINEERING AND TESTING, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager ATTACHMENTS: Attachment"A" Scope of Work Attachment"D" Fee Schedule Form Attachment"J" OCSD Safety Standards CMM PSA PSA2016-003 Page 16 of 16 OPERATIONS COMMITTEE MeaHngDae TOBd.ofDir. 04/O6/16 04/27/16 AGENDA REPORT Item Item Number 7 10 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: BIOSOLIDS HAULING SERVICE CONTRACT AWARD GENERAL MANAGER'S RECOMMENDATION A. Approve a Service Contract with Denali Water Solutions to haul Orange County Sanitation District's biosolids from Reclamation Plant No. 1 and/or Treatment Plant No. 2 to Orange County Waste and Recycling's Prima Deshecha landfill and the Inland Empire Regional Compost Facility for a period of one year from the execution date of the contract, for the unit price of $8.96 per ton of biosolids and $14.99 per ton of biosolids coupled with fuel surcharges, at an amount not to exceed $600,000 per year with four (4) one-year renewal options; and B. Approve a (10%) unit price contingency. SUMMARY BACKGROUND Orange County Sanitation District (Sanitation District) released a Notice Inviting Bids on February 4, 2016, seeking bids from qualified contractors to accept delivery and haul up to 100 wet tons per day (WTPD)of biosolids from the Sanitation District to the Orange County Waste Recycling (OCWR) Prima Deshecha landfill located at 32250 La Pata Avenue in the city of San Juan Capistrano; haul up to 50 WTPD of biosolids to the Inland Empire Regional Composting Facility located at 12645 Sixth Street in the city of Rancho Cucamonga, and haul biosolids, if needed, to several other alternative sites (emergency events)within 330 miles. Out of 115 prospective vendors that were notified of the invitation to bid by the Sanitation District, a total of three bids were received on the closing submittal date on March 10, 2016. The bids were evaluated based on pre-defined minimum qualifications and cost in accordance with the Sanitation District's Ordinance No. OCSD-47. Following the evaluation, Denali Water Solutions (Denali) met the minimum qualifications and offered the most competitive bid (see table below). An official Notice of Intent to Award was sent to all bidders on March 17, 2016, which followed a standard seven day protest period. No protests or challenges were received. Page 1 of 3 Denali Water GIC Corporation Sierra Cost Evaluation Solutions Total Unit Price Per Transportation Scenarios Total Unit Wet Ton Total Unit Price Per Price Per Wet Wet Ton Ton 100 Wet Tons— Prima Deshecha Landfill $8.96 $12.48 $19.21 50 Wet Tons— Inland Empire Regional Composting Facilit $14.99 $12.48 $21.11 Combine Cost $23.95 $24.96 $40.32 RELEVANT STANDARDS • Ocean Discharge Permit, NPDES CA0110604 §VI.C.4.1b Sludge (Biosolids) Requirements • Resolution No. OCSD 13-03 Biosolids Recycling Policy • Support Biosolids Management Program, low cost management option PROBLEM Previous hauling contract with Sierra Trucking Inc. expired in December 2015 when the current contractor was unwilling to renew under the prior contract payment amounts. Presently, the Sanitation District does not have a hauling contract to transport approximately 100 WTPD of biosolids to the Prima Deshecha Landfill and approximately 50 WTPD to the Inland Empire Regional Composting Facility, thus, limiting the Sanitation District's biosolids management options. PROPOSED SOLUTION Approve a contract with Denali to haul the Sanitation District's biosolids to Prima Deshecha landfill and the Inland Empire Regional Compost Facility to maintain biosolids management diversity and sustainability. TIMING CONCERNS The Sanitation District has not been hauling biosolids to Prima Deshecha Landfill since December 2015, which is the Sanitation District's cheapest biosolids management option at $41.19 tipping fee. Approximately 150 WTPD of biosolids are allocated to options that are more expensive. Page 2 of 3 RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would be unable to utilize two local biosolids management options that are within the basin and maximize the cost benefit for utilizing its cheapest management option. PRIOR COMMITTEE/BOARD ACTIONS May 2015 - Approved an Agreement with Inland Empire Regional Composting Authority (IERCA) to receive and compost up to 50 wet tons per day of the Sanitation District's Class B biosolids. November 2012 - Approved a Waste Disposal Agreement with OCWR to receive and dispose of the Sanitation District's biosolids at the Prima Deshecha landfill. ADDITIONAL INFORMATION N/A CEQA CEQA Analysis Reference: 1) November 7, 2012 Agenda Report — Waste Disposal Agreement with Orange County Waste and Recycling, and May 27, 2015 Agenda Report— Composting Agreement with Inland Empire Regional Composting Authority. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (Line item: Section 5, Page 11). ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Service Contract Page 3 of 3 SERVICE CONTRACT Biosolids Hauling Services Specification No. S-2016-748BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD")and Denali Water Solutions with a principal place of business at 12812 Valley View Street, Suite 9, Garden Grove, CA 92845 (hereinafter referred to as"Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for biosolids hauling services "Services"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-47; and WHEREAS, on April 27, 2016, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit IN,. 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work (Including all Appendices) Exhibit'B" Bid from Contractor Exhibit"C' Acknowledgement of Insurance Requirements Exhibit"D" Not Used 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of 10 Specification No. S-2016-7488D 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit"K. 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses,or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation 2.1 Compensation for this project shall not exceed the total amount of Six Hundred Thousand Dollars ($600,000). 2.2 OCSD will pay the Contractor for biosolids hauling cost per ton to the Prima Deshecha Landfill and Inland Empire Regional Composting Facility in accordance with the Cost Matrix Form of Exhibit"B". The wet tons per day(wtpd)of biosolids listed in the Cost Matrix Form are provided by OCSD, but there will not be a guarantee by OCSD of this wtpd of biosolids. The wtpd of biosolids provided by OCSD may change. 2.3 OCSD will pay the Contractor for biosolids hauling cost per ton to alternative sites other than Prima Deshecha Landfill and Inland Empire Regional Composting Facility in accordance with the Cost Matrix Form of Exhibit "B". The wtpd of biosolids listed in the Cost Matrix Form are provided by OCSD, but there will not be a guarantee by OCSD of this wtpd of biosolids. The wtpd of biosolids provided by OCSD may change. 2.4 In addition, the Contractor shall take into account fuel surcharge and use fuel surcharge calculation in accordance with the Cost Matrix Form of Exhibit"B". 2.5 OCSD shall not guarantee minimum wtpd of biosolids to the Contractor. 3. California Department of Industrial Relations(DIR)Registration and Record of Wages 3.1 To the extent Contractors employees and/or its Subcontractors who will perform Work under this Contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the Orange County Sanitation District 2 of 10 Specification No. 5-2016-7488D public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments Payments shall be made upon approval by OCSD Project Manager, Tom Meregillano or his designee, of invoices submitted for Services completed as described in Exhibit "A" and Exhibit"B". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 5. Invoices 5A Billing rate (cost per ton) of biosolids shall be based on the number of tons OCSD has scheduled for hauling on a given day. 5.1.1 If Contractor trucks are denied prescheduled loads because they do not meet the Contract requirements and OCSD standards (even if the Contractor is allowed to make up the load on a different date), the scheduled loads rate of the original load date shall apply. 5.1.2 If Contractor does not show for a scheduled load or cancels trucks (even if the Contractor is allowed to make up the load on a different date), the scheduled loads rate of the original load date shall apply. 5.1.3 If OCSD cancels or adds loads (revises hauling schedule), the scheduled loads rate of the actual load date shall apply. 5.2 OCSD shall pay within 30 days of receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5.3 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaffCdOCSD.com and reference the following in the subject line: "INVOICE", the Purchase Order Number, the Project Manager, Tom Meregillano and Specification No. S-2016-7486D. 5.4 Contractors are required to invoice OCSD at least once per month, but no more than twice per month. Invoices shall itemize each load date hauled, OCSD ticket number, tons per load (quantity), cost per ton (rate), and hauling destination in order for OCSD to verify charges. In addition, each invoice shall also tally the total number of tons billed on the invoice. Contractor shall invoice separately by Plant 1 or Plant 2. 6. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 7. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A" and Exhibit "B". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. Orange County Sanitation District 3 of 10 Specification No. S-2016-7488D 8. Modifications to Scone of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 9. Contract Term The Services provided under this Contract shall be completed within one (1)year from the effective date of notice to proceed. 10. Renewals 10.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit "A" and Exhibit "B", if mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 10.2 Renewals may be made through the OCSD Purchase Order Process. 11. Termination 11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30)days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 11.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 12. Insurance Contractor and all Subcontractors shall purchase and maintain,throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor and all Subcontractors shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. Orange County Sanitation District 4 of 10 Specification No. S-2016-7488D 13. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death,which may arise out of or be caused by Contractor's services under this Contract,or by its Subcontractor or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property,arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncepyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or(c)on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are mantissa,or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 14. Safety Standards and Human Resources (HR) Policies OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Contractor and all their employees and Subcontractors, shall adhere to all applicable OCSD Safety Standards and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety". OCSD's Safety Standards and Human Resource Policies are hereby incorporated by reference as though fully set forth herein. In addition to the requirements stated above, CONTRACTOR shall adhere to the following OCSD Safety requirements: SOP-102 PPE, SOP-113 Blood borne Pathogen. 15. Warranties In addition to the Warranties stated in Exhibit "A", the following shall apply: 15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 15.2 Contractor's warranty: If, within the 12-month period following completion of its Services, OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 16. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 17. Force Maleure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. Orange County Sanitation District 5 of 10 Specification No. S-2016-7488D 18. Freiaht(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 20. Regulatory Reaulrements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 21. Licenses. Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 22. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 23. Contractor's Employees Compensation 23.1 General Prevailing Rate — OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract, and copies of the same are on file in the office of the engineer of OCSD. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. 23.2 Forfeiture For Violation - Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it)less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this contract, all in accordance with Section 1775 of the Labor Code of the State of California. 23.3 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00)or more or twenty (20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars($2,000.00) or more or five (5)working days or more. Orange County Sanitation District 6 of 10 Specification No. S-2016-7488D 23.4 Workday — In the performance of this contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph 23.1 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty five dollars ($25.00) for each worker employed in the execution of this contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight(8)hours in any one calendar day and forty(40)hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 23.5 Record of Wages; Inspection - Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 24. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to"cover' as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. Orange County Sanitation District 7 of 10 Specification No. 5-2016-7488D 28. _Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, orthree arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attornev's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 32. Damaae to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 34. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. Orange County Sanitation District 8 of 10 Specification No. S-2016-7488D 35.1 In the event the Contractor obtains written approval from the Project Manager to delegate duties, assign rights,substitute an approved Subcontractor and/or introduce a new Subcontractor, the Contractor shall be as fully responsible to OCSD for the acts, errors and omissions of the Subcontractor(s) and Suppliers and of the person(s) either directly or indirectly employed by the Subcontractor(s) and Suppliers as the Contractor is for the acts, errors and omissions of persons directly employed by the Contractor. Nothing contained in the Contract shall create any contractual relationship between any Subcontractor/Supplier and OCSD. 35.2 Each Subcontract and Supplier agreement shall be approved in writing by OCSD and preserve and protect the rights of OCSD, its directors, officers, agents, and employees under the Contract with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor or Supplier, unless specifically provided otherwise in the subcontract agreement, the benefits of all rights, remedies and redress against the Contractor that the Contractor, by the Contract, has against OCSD. The Contractor shall make available to each proposed Subcontractor or Supplier, prior to the execution of the subcontract, copies of the Contract documents. 35.3 This section does not and shall not operate to relieve the Contractor of any duty or liability under the Contract, nor does it create any duty or liability on the part of OCSD. The Contractor shall have sole responsibility for promptly settling any disputes between its Subcontractors. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 37. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 39. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 9 of 10 Specification No. 5-2016-7488D 41. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Ludwig R. Lapus Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Denali Water Solutions 12812 Valley View Street Suite 9 Garden Grove, CA 92845 Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair, Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts, Purchasing and Materials Management Division Manager COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 10 of 10 Specification No. 5-2016-7488D OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir. 04/lti06/16 04/27/1Or6 AGENDA REPORT ItemNumber Item Number 8 11 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Bob Ghirelli, Assistant General Manager SUBJECT: ANNUAL MARINE MONITORING REPORT GENERAL MANAGER'S RECOMMENDATION Receive and file the 2014-15 Marine Monitoring Annual Report. SUMMARY BACKGROUND Per the Orange County Sanitation District's (Sanitation District) NPDES Ocean Discharge Permit, the Sanitation District staff must complete and submit an Annual Compliance Report, which covers all environmental monitoring activities and discharge compliance information to the Santa Ana Regional Water Quality Control Board and the USEPA by March 15tb each year. RELEVANT STANDARDS • Full compliance of all NPDES Permit conditions • Strategic Process Studies completed • Participation in Regional Monitoring • Environmental response due to cessation of disinfection, year one PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Since 1971, the Sanitation District has monitored the marine environment near the ocean outfall for potential adverse environmental effects from the discharge of treated wastewater. Presently, the Sanitation District conducts a tri-phased Ocean Monitoring Program (OMP) under the auspices of the Federal Clean Water Act and the California Ocean Plan. The Sanitation District OMP has become the standard for the monitoring of wastewater ocean ouffalls in southern California and elsewhere. Page 1 of 2 CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: 2014-15 Marine Monitoring Annual Report Executive Summary (included in hard copy) Page 2 of 2 Orange County Sanitation District Ocean Monitoring Report Year 2014-2015 Em i I s i Jl QY 1 L+a _ ANNUAL REPORT 2014-15 MARINE MONITORING Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92728-8127 (714) 962-2411 Orange County Sanitation District 10844 Ells Avenue,Fcunlan Vdlley,G192108 Anaheim 714.962.2411 www.ocsewets,mnl Brea Buena Pa* March 14. 2016 Cypress Fountain Valley Kurt V. Berchtold, Executive Officer Fullerton California Regional Water Quality Control Board Garden Grove Santa Ana Region 8 Huntington Beach 3737 Main Street, Suite 500 Riverside, CA 92501-3339 Irvine Le Habne SUBJECT: Board Order No. R8-2012-0035, NPDES Permit No. CA0110604 2014-15 Marine Monitoring Annual Report La Palma Los Alamitos Enclosed is the Orange County Sanitation District's 2014-15 Marine Monitoring Newport Beach Annual Report. This report focuses on the findings and conclusions for the Orange monitoring period July 1, 2014 to June 30, 2015. Overall, the results of the monitoring program document that the disposal of our treated and disinfected Placentia effluent into coastal marine waters continues to protect the environment and Santa Ana human health. SealBeach The results of the 2014-15 monitoring effort showed no impacts to the benthic Stanton infaunal community within and adjacent to the zone of initial dilution (ZID). Tustin Invertebrate and fish communities in the monitoring area were healthy, with all Villa Park sites classifying as reference condition. Permit-regulated sediment contaminants remained at or near background levels. The low levels of County of ge contaminants in fish tissues and the low incidence of external abnormalities Costs Mesa and diseases in fish populations demonstrated that the ouffall was not an SanitaryDistnet epicenter of disease. Mid"City Sanitary Dishict There were limited and minimal changes in the receiving water conditions. hyne Ranch {I Plume-related changes in temperature, salinity, dissolved oxygen, pH, and Water District S transmissivity beyond the ZID were well within the range of natural variability, Yorbs Linda and compliance with numeric receiving water criteria was achieved over 97% Water Districtj of the time. Consequently, our ocean monitoring program continues to demonstrate that the coastal receiving water environment outside the ZID has not been degraded by the District's wastewater discharge. Finally, the low concentrations of bacteria in water contact zones, together with the limited distributions of ammonium, suggest that the wastewater discharge posed no s.., human health risk and did not compromise recreational use. Should you have questions regarding the information provided in this report, or wish to meet with the District's staff to discuss any aspect of our ocean monitoring program, please feel free to contact me at(714) 593-7400. FM To protect public health and the environment by providing effective wastewater collection,treatment,and recycling. oJNjV SPH„q� N Kurt V. Berchtold March 14, 2016 Page 2 ,x However, you may also contact Dr. Jeff Armstrong, the supervisor of our Ocean Monitoring section, who may be reached at (714) 593-7455 or at iarmstronaaocsd.com. Robert P. Ghire i, D.Env. Assistant General Manager cc: Jared Blumenfeld, U.S. EPA, Region IX JA:ja Enclosure semint Orange County Sanitation District 10944 Ellis Avenue,Fountain Valley,(A 92709 Anaheim 714.962.2411Buena Park Cypress •www.ocsewerscom Brea March 14, 2016 Fountain Valley Fullertan Certification Statement Garden Grove Huntington Beach The following certification satisfies Section A.10 and A.15 of the Orange La Habra County Sanitation District's Monitoring and Reporting Program No. R8- La Palma 2012-0035, NPDES No. CA0110604, for the submittal of the attached Los Alamro, OCSD Annual Report 2016 — Marine Monitoring. Newport Beach ' - = I certify under penalty of law that this document and all Placentia attachments were prepared under my direction or supervision in SantaAna accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information SealBeach submitted. Based on my inquiry of the person or persons who Stanton manage the system, or those persons directly responsible for Tustin gathering the information,the information submitted is,to the best Villa Park of my knowledge and belief, true, accurate, and complete. I am County of Orange aware that there are significant penalties for submitting false Costa Mesa information, including the possibility offines and imprisonment for Samnary District known violations. Midway City Sanitary District Irvine Ranch Water District Water District Robert P. Ghirgl 1, .Env. Date Assistant General Manager JA:ja To protect public health and the environment by providing effective wastewater collection,treatment,and recycling. This page intentionally left blank. CONTENTS page CONTENTS v LIST OF TABLES viii LIST OF FIGURES xii ACKNOWLEDGMENTS AV EXECUTIVE SUMMARY ES.1 WATER QUALITY ES.1 SEDIMENT QUALITY ES.1 BIOLOGICAL COMMUNITIES ES.2 Infaunal Invertebrate Communities ES.2 Demersal Fishes and Macroinvertebrates ES.2 Contaminants in Fish Tissue ES.2 Fish Health ES.2 CONCLUSIONS ES.2 Chapter 1 THE OCEAN MONITORING PROGRAM 1.1 INTRODUCTION 1.1 DESCRIPTION OF THE DISTRICT'S OPERATIONS 1.1 REGULATORY SETTING FOR THE OCEAN MONITORING PROGRAM 1.6 ENVIRONMENTAL SETTING 1.7 REFERENCES 1.10 Chapter 2 COMPLIANCE DETERMINATIONS 2.1 INTRODUCTION 2.1 WATER QUALITY 2.1 Offshore bacteria 2.1 Floating Particulates and Oil and Grease 2.6 Ocean Discoloration and Transparency 2.6 Dissolved Oxygen 2.6 Acidity (pH) 2.8 Nutrients (Ammonium) 2.8 Organics in the Water Column 2.8 Radioactivity 2.8 SEDIMENT GEOCHEMISTRY 2.9 BIOLOGICAL COMMUNITIES 2.9 Infaunal Communities 2.9 Epibenthic Macroinvertebrate Communities 2.9 Fish Communities 2.16 FISH BIOACCUMULATION AND HEALTH 2.24 Demersal Fish Tissue Chemistry 2.24 Sport Fish Muscle Chemistry 2.24 Fish Health 2.24 CONCLUSIONS 2.24 REFERENCES 2.29 v CONTENTS page Chapter 3 STRATEGIC PROCESS STUDIES AND REGIONAL MONITORING 3.1 INTRODUCTION 3.1 REGIONAL MONITORING 3.2 Regional Nearshore (Surfzone) Bacterial Sampling 3.2 Bight'13 Regional Monitoring 3.3 Regional Kelp Survey Consortium - Central Region 3.3 Ocean Acidification Mooring 3.4 SPECIAL STUDIES 3.5 Cessation of Disinfection 3.5 REFERENCES 3.8 Appendix A METHODS A.1 INTRODUCTION A.1 WATER QUALITY MONITORING A.1 Field Methods A.1 Laboratory Methods A.7 Data Analyses A.7 Compliance Determinations A.9 SEDIMENT GEOCHEMISTRY MONITORING A.11 Field Methods A.11 Laboratory Methods A.12 Data Analyses A.13 BENTHIC INFAUNA MONITORING A.15 Field Methods A.15 Laboratory Methods A.15 Data Analyses A.16 TRAWL COMMUNITIES MONITORING A.17 Field Methods A.17 Laboratory Methods A.17 Data Analyses A.18 FISH TISSUE CONTAMINANTS MONITORING A.18 Field Methods A.18 Laboratory Methods A.19 Data Analyses A.19 FISH HEALTH MONITORING A.21 Field Methods A.21 Data Analyses A.21 REFERENCES A.22 A CONTENTS page Appendix B SUPPORTING DATA B.1 Appendix C QUALITY ASSURANCE/QUALITY CONTROL CA INTRODUCTION CA WATER QUALITY NARRATIVE C.3 Ammonium C.3 Bacteria C.3 SEDIMENT GEOCHEMISTRY CHEMISTRY NARRATIVE C.9 First Quarter Semi-annual Collection (July 2014) C.9 Third Quarter Semi-annual Collection (January 2015) C.28 FISH TISSUE CHEMISTRY NARRATIVE C.28 Third Quarter(January 2015) C.28 BENTHIC INFAUNA NARRATIVE C.37 Sorting and Taxonomy QA/QC C.37 OTTER TRAWL NARRATIVE C.38 REFERENCES C.44 vii LIST OF TABLES page Chapter 2 COMPLIANCE DETERMINATIONS Table 2-1. Listing of compliance criteria from NPDES ocean discharge permit(Order No. R8-2012-0035, Permit#CA0110604)and compliance status for each criterion in 2014-15. 2.2 Table 2-2. Summary of offshore water quality compliance testing results for dissolved oxygen, pH, and transmissivity for 2014-15. 2.6 Table 2-3. Physical properties and organic contaminant concentrations of sediment samples collected at each semi-annual and annual station(*)in Summer 2014 compared to Effects Range-Median (ERM)values and regional measurements. 2.10 Table 2-4. Metal concentrations(mg/kg) in sediment samples collected at each semi-annual and annual (')station in Summer 2014 compared to Effects Range-Median (ERM)values and regional measurements. 2.12 Table 2-5. Physical properties and organic contaminant concentrations of sediment samples collected at each semi-annual station in Winter 2015 compared to Effects Range- Median (ERM)values and regional measurements. 2.14 Table 2-6. Metal concentrations(mg/kg) in sediment samples collected at each semi-annual station in Winter 2015 compared to Effects Range-Median(ERM)values and regional measurements. 2.15 Table 2-7. Whole-sediment Eohaustodus estuahus(amphipod)toxicity test results for 2014-15. 2.16 Table 2-8. Summary of infaunal community measures for each semi-annual &annual (') station sampled during the Summer 2014 benthic survey, including regional and District historical values. 2.17 Table 2-9. Summary of infaunal community measures for each semi-annual station sampled during the Winter 2015 benthic survey, including regional and District historical values. 2.19 Table 2-10. Summary of epibenthic macroinvertebrate community measures for each semi- annual and annual (*)station sampled during the Summer 2014 and Winter 2015 trawl surveys, as well as District historical values. 2.21 Table 2-11. Summary of demersal fish community measures for each semi-annual and annual (*)station sampled during the Summer 2014 and Winter 2015 trawl surveys, as well as the District historical values. 2.23 Table 2-12. Summary statistics of tissue contaminant analyses of trawl fishes collected in January 2015 at ouffall and nonouffall stations. 2.26 Table 2-13. Summary statistics of muscle tissue contaminant analyses of rig-caught fishes collected in January 2015 at Zone 1 (ouffall)and Zone 3(non-outfall). 2.27 Appendix A METHODS Table A-1. The District's ocean monitoring program station positions and nominal depths. A.3 Table A-2. Sampling dates during 2014-15. A.6 viii LIST OF TABLES page Table A-3. Water quality sample collection and analysis methods by parameter during 2014-15. A.8 Table A-4. Sediment geochemistry and infaunal sampling summary for 2014-15. A.12 Table A-5. Sediment collection and analysis summary during 2014-15. A.13 Table A-6. Parameters measured in sediment samples during 2014-15. A.14 Table A-7. Benthic infauna sample distribution for 2014-15. A.15 Table A-8. Fish tissue handling and analysis summary during 2014-15. A.19 Table A-9. Parameters measured in fish tissue samples during 2014-15. A.20 Appendix B SUPPORTING DATA Table B-1. Depth-averaged total coliform bacteria counts (MPN/100 mL)collected in offshore waters and used for comparison with California Ocean Plan Water- Contact(REC-1)compliance criteria, July 2014 through June 2015. B.1 Table B-2. Depth-averaged fecal coliform bacteria counts(MPN/100 mL)collected in offshore waters and used for comparison with California Ocean Plan Water- Contact(REC-1)compliance criteria, July 2014 through June 2015. B.2 Table B-3. Depth-averaged enterococci bacteria counts(MPN/100 mL)collected in offshore waters and used for comparison with California Ocean Plan Water-Contact (REC-1)compliance criteria and EPA Primary Recreation Criteria in Federal Waters, July 2014 through June 2015. B.3 Table B-4. Summary of floatable material by station group observed during the 28-station grid water quality surveys, July 2014 through June 2015. BA Table B-5. Summary of floatable material by station group observed during the RECA water quality surveys,July 2014 through June 2015. BA Table B-6. Summary statistics of quarterly water quality parameters by depth strata and season during 2014-15. B.5 Table B-7. Abundance of epibenthic macroinvertebrates by station and species for the Summer 2014 and Winter 2015 trawl surveys. B.8 Table B-8. Biomass(kg)of epibenthic macroinvertebrates by station and species for the Summer 2014 and Winter 2015 trawl surveys. B.10 Table B-9. Abundance of demersal fishes by station and species for the Summer 2014 and Winter 2015 trawl surveys. B.12 Table B-10. Biomass(kg)of demersal fishes by station and species for the Summer 2014 and Winter 2015 trawl surveys. B.14 Table B-11. Summary statistics of historic District Core nearshore stations for total coliforms, fecal coliforms, and enterococci bacteria (CF1.1/100 mL) by station and season during 2014-2015. B.16 ix LIST OF TABLES page Table B-12. Summary statistics of OCHCA nearshore stations for total coliforms,fecal coliforms, and enterococci bacteria (CFU/100 mL) by station and season during 2014-2015. B.19 Appendix C QUALITY ASSURANCEIQUALITY CONTROL Table C-1. Ocean monitoring program sample collection requirements and percent completion for water quality, July 2014-June 2015. C.2 Table C-2. Ocean monitoring program sample collection requirements and percent completion for sediment geochemistry, infauna,sediment toxicity,trawl community, trawl fish tissue, and sport fish tissue, July 2014-June 2015. C.2 Table C-3. Method detection limits(MDLs)for ammonium and bacteria in receiving water, July 2014-June 2015. C.3 Table C-4. Water quality ammonium QA/QC summary, July 2014-June 2015. CA Table C-5. Method detection limits (MDLs)for PAHs, LABS, pesticides, and PCBs in sediments, July 2014-June 2015. C.10 Table C-6. Acceptance criteria for standard reference materials of PAH in sediments,July 2014-June 2015. C.12 Table C-7. Sediment PAH/LAB QA/QC summary, July 2014-June 2015. C.14 Table C-8. Acceptance criteria for standard reference materials of PCB/pesticides in sediments, July 2014-June 2015. C.16 Table C-9. Sediment PCB/pesticides QA/QC summary, June 2014-June 2015. C.18 Table C-10. Method detection limits (MDLs)for trace metals in sediments, July 2014-June 2015. C.20 Table C-11. Acceptance criteria for standard reference materials of metals in sediments,July 2014-June 2015. C.21 Table C-12. Sediment metals QA/QC summary, July 2014-June 2015. C.22 Table C-13. Method detection limits (MDLs)for dissolved sulfides,total organic carbon, grain size, total nitrogen, and total phosphorus in sediments, July 2014-June 2015. C.24 Table C-14. Sediment dissolved sulfides QA/QC summary, July 2014-June 2015. C.25 Table C-15. Sediment total organic carbon QA/QC summary, July 2014-June 2015. C.25 Table C-16. Sediment grain size QA/QC summary, July 2014-June 2015. C.26 Table C-17. Sediment total nitrogen and total phosphorus QA/QC summary, July 2014-tune 2015. C.27 Table C-18. Method detection levels (MDLs)for pesticides, PCB congeners, arsenic, mercury, and selenium in fish tissue, DSQ II, July 2014-June 2015. C.30 Table C-19. Acceptance criteria for standard reference materials of PCB/pesticides in fish tissue, July 2014-June 2015. C.31 x LIST OF TABLES page Table C-20. Fish PCB/Pest QA/QC summary, July 2014—June 2015. C.33 Table C-21. Fish tissue percent lipid QA/QC summary, July 2014—June 2015. C.35 Table C-22. Acceptance criteria for standard reference materials of metals in fish tissue, July 2014—tune 2015. C.35 Table C-23. Fish tissue metals QA/QC summary,July 2014—June 2015. C.36 Table C-24. Percent error rates calculated for July 2014 QA samples. C.38 Table C-25. Trawl track distances and vessel speed for sampling conducted in Summer 2014 and Winter 2015. C.43 xi LIST OF FIGURES page Chapter 1 THE OCEAN MONITORING PROGRAM Figure 1-1. Regional setting for the District's ocean monitoring program. 1.2 Figure 1-2. a)Annual total beach attendance from 2001-2015 and b)monthly total beach attendance during 2014-15 for Seal Beach City Beach, Boise Chica State Beach, Huntington Beach City Beach, Huntington Beach State Beach, Newport Beach City Beach, and Crystal Cove State Beach. Annual values represent beach attendance from July 1 to June 30 for each program year. Solid black line on each plot represents historical mean beach attendance(2001-2015). Note: data for Seal Beach City Beach were not available for 2015. 1.3 Figure 1-3. Annual final effluent Flow(blue line)for the District and annual population (red line)for Orange County, California, 1975-2015. 1.5 Figure 1-4. Annual rainfall for Newport Harbor, 1975-2015. Red line represents the historical annual mean value. 1.5 Figure 1-5. Annual Flow for the Santa Ana River, 1975-2015. Red line represents the historical annual mean value. 1.6 Chapter 2 COMPLIANCE DETERMINATIONS Figure 2-1. Offshore and Nearshore (surfzone)water quality monitoring stations for 2014-15. 2.3 Figure 2-2. Benthic(sediment geochemistry and infauna)monitoring stations for 2014-15. 2.4 Figure 2-3. Trawl monitoring stations, as well as rig-fishing locations, for 2014-15. 2.5 Figure 2-4. Summary of mean percent compliance for dissolved oxygen (DO), pH, and light transmissivity(%T)for all compliance stations, 1985-2015. 2.7 Figure 2-5. Non-metric multidimensional scaling (MDS)plot(top panel)and dendrogram (bottom panel)of the infauna collected at within-and non-ZID stations for the Summer 2014 (S)and Winter 2015(W)benthic surveys. 2.20 Figure 2-6. Non-metric multidimensional scaling (MDS)plot(top panel)and dendrogram (bottom panel)of the epibenthic macroinvertebrates collected at outfall and non-ouffall stations for the Summer 2014(S)and Winter 2015(W)trawl surveys. 2.22 Figure 2-7. Non-metric multidimensional scaling (MDS)plot(top panel)and dendrogram (bottom panel)of the demersal fishes collected at ouffall and non-ouffall stations for the Summer 2014 (S)and Winter 2015 (W)trawl surveys. 2.25 Chapter 3 STRATEGIC PROCESS STUDIES AND REGIONAL MONITORING Figure 3-1. Percent of pH values measured below 7.75(aragonite saturation- 1) by the District by program year. 3.5 Appendix A METHODS Figure A-1. Water quality monitoring stations and zones used for compliance determinations. A.2 xii LIST OF FIGURES page Appendix C QUALITY ASSURANCE/QUALITY CONTROL Figure C-1. Quality assurance plots of otter trawl paths in relation to a 100-m circle(red dashes)surrounding each nominal station position, July 2014. C.39 Figure C-2. Quality assurance plots of trawl depth per haul for otter trawl stations, July 2014. Upper and lower limit lines are±10%of nominal trawl depth. C.40 Figure C-3. Quality assurance plots of otter trawl paths in relation to a 100-m circle(red dashes)surrounding each nominal station position, January 2015. C.41 Figure C-4. Quality assurance plots of trawl depth per haul for otter trawl stations, January 2015. Upper and lower limit lines are t10%of nominal trawl depth. C.42 xiii ACKNOWLEDGMENTS The following individuals are acknowledged for their contributions to the Marine Monitoring Volume of the 2014-15 Annual Report: Orange County Sanitation District Management: Dr. Robert P. Ghirelli ........................................................ Assistant General Manager Ron Coss..........Manager, Environmental Laboratory and Ocean Monitoring Division Dr. Jeffrey L. Armstrong...........Environmental Supervisor, Ocean Monitoring Section Ocean Monitoring Team: George Robertson ..............................................................................Senior Scientist Dr. Danny Tang.............................................................................................. Scientist Michael Mengel......................................................Principal Environmental Specialist Kelvin Barwick .......................................................Principal Environmental Specialist Ken Sakamoto.......................................................... Senior Environmental Specialist Hai Nguyen............................................................... Senior Environmental Specialist Robert Gamber.........................................................Senior Environmental Specialist Laura Terriquez.........................................................Senior Environmental Specialist Ernest Ruckman .......................................................Senior Environmental Specialist Erica Mason..............................................................Senior Environmental Specialist Geoffrey Daly........................................................................Environmental Specialist MarkKibby.............................................................................................. Boat Captain StephenLaczko..................................................................................................Intern Contributing Authors: Kelvin Barwick, Dr. Sam Choi, Robert Gamber, Lori McKinley, Michael Mengel, Hai Nguyen, Vanh Phonsiri, George Robertson, Ernest Ruckman, Ken Sakamoto, Dr. Danny Tang, Laura Terriquez, and Dr. Yu-Li Tsai. IT and LIMS Data Support: Matthew Garchow. Laboratory Team: Miriam Angold, Jim Campbell, Dr. Sam Choi, Kim Christensen, Arturo Diaz, Ben Ferraro, Joel Finch, Elaine Galvez, Michelle Kim, Thang Mai, Joe Manzella, Lori McKinley, Ryan McMullin, Dawn Myers, Canh Nguyen, Thomas Nguyen, Paulo Pavia, Vanh Phonsiri, Anthony Pimentel, Diane Poeske, Luis Ruiz, Dr. Yu-Li Tsai, Michael Von Winkelmann, Kathy Waldron, Norman Whiteman, and Brandon Yokoyama. AV EXECUTIVE SUMMARY EXECUTIVE SUMMARY The Orange County Sanitation District (District) conducts extensive ocean monitoring to evaluate potential environmental and public health risks from its discharge of highly treated wastewater off of Huntington Beach and Newport Beach, California. The effluent is released over 7 km offshore in 60 m of water. The data collected are used to determine compliance with receiving water conditions as specified in the District's National Pollution Discharge Elimination System (NPDES) permit (R8-2012-0035, CA0110604), jointly issued in 2012 by the U.S. Environmental Protection Agency (EPA), Region IX and the Regional Water Quality Control Board (RWQCB), Region 8. This report focuses on monitoring results and conclusions from July 2014 through June 2015. WATER QUALITY Minor plume-related changes in temperature, salinity, dissolved oxygen (DO), acidity (pH), and transmissivity were measured beyond the zone of initial dilution (ZID) during some surveys. However, compliance with California Ocean Plan (COP) criteria remained high (97-100%) for these water quality parameters. These results were consistent with previous findings and none of these changes were determined to be environmentally significant, since they fell within natural ranges to which marine organisms are exposed. Offshore monitoring of nutrients (ammonium) and bacteria-2 measures of the wastewater plume—showed only minor impacts to the receiving environment. Ninety percent of the ammonium samples were below detection limits. When ammonium was detected, maximum concentrations were 20-30 times less than the COP objective for chronic toxicity to marine organisms. Bacterial concentrations remained low and were predominantly below measurement detection levels. The low levels of ammonium,along with the lack of association with chlorophyll-a, suggests that these concentrations were not environmentally significant. Overall, the measured environmental effects to the receiving water continue to be relatively small, with values remaining within the ranges of natural variability for the monitoring area. These results support the conclusion that the discharge is not greatly affecting the receiving water environment and that beneficial uses were maintained. SEDIMENT QUALITY Sediment parameter values were comparable for within-ZID and non-ZID station groups. Values were below levels of biological concern (Effects Range-Median values) at all but one non-ZID station. The exceedance did not appear to be effluent discharge-related. Whole sediment toxicity tests showed no measureable toxicity. Overall,these results were consistent with those of previous years, suggesting the wastewater discharge has minimal potential for adverse impact on biota outside the ZID. ES.1 BIOLOGICAL COMMUNITIES Infaunal Invertebrate Communities The infaunal communities were similar within the monitoring area, as within- and non-ZID stations had comparable community measure values and equivalent species assemblages based on multivariate analyses. Also,the infaunal communities atwithin-and non-ZID station groups remain healthy based on their low Benthic Response Index values and high Infaunal Trophic Index values. These results demonstrated that the outfall discharge had an overall negligible effect on the benthic community structure within the monitoring area. Demersal Fishes and Macroinvertebrates Results for the epibenthic macroinvertebrates (EMIs) and demersal fishes were generally consistent with past findings. Community measure values of the EMIs and fishes were comparable between outfall and non-outfall stations. Multivariate analyses of the EMI and fish species also showed that the biological communities at the outfall and non-outfall station groups were generally similar. Furthermore,fish communities at outfall and non-outfall station groups can be classified as reference condition based on their low Fish Response Index values. These results indicated that the outfall area was not degraded and that it supported normal fish and EMI populations. Contaminants in Fish Tissue Consistent with previous results, 2014-15 tissue concentrations of mercury, DDT, PCB, and other chlorinated pesticides in fishes collected by otter trawling and hook-and-line methods at outfall and non-outfall locations were below federal and state human consumption guidelines. These results demonstrated that the outfall is not an epicenter of disease due to the bioaccumulation of contaminants in fish tissue. Fish Health The lack of tumors, fin erosion, and skin lesions showed that fishes in the monitoring area were healthy. External parasites and other external abnormalities occurred in less than 1% of the fishes collected. These results were consistent with previous years and indicate that the outfall is not an epicenter of disease. CONCLUSIONS The results for the 2014-15 monitoring effort were consistent with long-term findings that showed limited impacts to the receiving water, sediment, and infaunal, demersal fish, and EMI communities. Plume-related changes to receiving water DO, pH, and transmissivity detected beyond the ZID were well within the range of natural variability. Low concentrations of bacteria in water contact zones, in concert with the limited distributions of ammonium and absence of associations of the wastewater plume with phytoplankton blooms, suggest that the discharge had no discernible impact on the environment and posed no human health risk. The low levels of contaminants in fish tissues and the low incidence of external abnormalities and diseases in fish demonstrated that the outfall was not an epicenter of disease. ES.2 THE OCEAN MONITORING PROGRAM Chapter 1 Chapter 1 THE OCEAN MONITORING PROGRAM INTRODUCTION The Orange County Sanitation District (District) operates 2 wastewater treatment facilities located in Fountain Valley (Plant 1) and in Huntington Beach (Plant 2), California. The District discharges treated wastewater (effluent) to the Pacific Ocean through a submarine ouffall located offshore of Huntington Beach and Newport Beach, California (Figure 1-1). This discharge is regulated by the US Environmental Protection Agency (EPA), Region IX and the Regional Water Quality Control Board (RWQCB), Region 8 under the Federal Clean Water Act, the California Ocean Plan, and the RWQCB Basin Plan. Specific discharge and monitoring requirements are contained in a National Pollutant Discharge Elimination System (NPDES) permit issued jointly by the EPA and the RWQCB (Order No. R8-2012-0035, NPDES Permit No. CA0110604) on June 15, 2012. A large percentage of the local economies in southern California rely on beach use and its associated recreational activities, which are highly dependent upon water quality conditions (Turbow and Jiang 2004, Leeworthy and Wiley 2007). The region's Mediterranean climate and convenient beach access results in high, year-round public use of beaches. For example, although the highest visitation occurs during the summer months, beach usage at the Huntington Beach and Newport Beach city beaches during the winter months can each exceed 545,000 visitors per month (City of Huntington Beach, City of Newport Beach, California State Department of Parks and Recreation, unpublished data, 2015). For 2014-15, total beach attendance for Seal Beach, Bolsa Chica State Beach, Huntington Beach City Beach, Huntington Beach State Beach, Newport Beach City Beach, and Crystal Cove State Beach was-25 million (Figure 1-2a; City of Seal Beach, City of Huntington Beach, City of Newport Beach, California State Department of Parks and Recreation, unpublished data, 2015). Total monthly visitations ranged from 691,033 in December 2014 to 5,551,782 in July 2014 (Figure 1-21b). The 2014-15 seasonal visitation patterns were similar to those of previous years. DESCRIPTION OF THE DISTRICT'S OPERATIONS The District's mission is to safely collect, process, recycle, and dispose of treated wastewater while protecting human health and the environment in accordance with federal, state, and local laws and regulations. These objectives are achieved through extensive industrial pre- treatment (source control), secondary treatment processes, biosolids management, and 1.1 E o v - b 1 i m at O N � o z z ❑ .e rbecbe�ca n im Ix\ O° O W 4 3m/ l CO/ Y W , / L \V I / Q% W V IQ r— Q__ 0 q C VE m GV O mid , n y � N N I,, L e/ QO C dl U C - I O N E1 � K � Y � � y / LL 1.2 a) 30,000,00 25,000,00 20,000,00 d a 15,000,00 m,000,00 m 5,000,000 0 - � 1 9i O' O' '� 'l% 9' b'ryoo ry°° ry°° ry°o°` ryoo ry°° ry°° ryoo ry°° ry°" ry°�. ry°�. ry°�. ry°�. Year 5,000,00 b) 5,000,00 U � 4,000,00 C Q3,000,00 U z,000,00 m 1,000,00 0 'L Orb uti c"!- 3 P° 5e O 2 Oa )a Q° �a QQ tT0 )o Month ■ seal Beach City Beach ■ Huntagich Beach City Beach ■ Neahod Beach City Beach ■ Goes Chico Stele Beach ■ Huntington Beach Slate Beach ❑ Crystal Cove State Beach Long-term Average Figure 1-2. a)Annual total beach attendance from 2001-2015 and b) monthly total beach attendance during 2014-15 for Seal Beach City Beach, Boise Chica State Beach, Huntington Beach City Beach, Huntington Beach State Beach, Newport Beach City Beach,and Crystal Cove State Beach. Annual values represent beach attendance from July 1 to June 30 for each program year. Solid black line on each plot represents historical mean beach attendance (2001-2015). Note: data for Seal Beach City Beach were not available for 2015. Source:City of Seal Beach Marine Safety/Lifeguards Department,City of Huntington Beach-Fire Department/ Marine Safety Division,City of Newport Beach-Fire DeparnnentlMarine Operations Division,State Beaches,California State Departrnent of Parks and Recreation-Orange Coast District. 1.3 water reuse programs. During the 2012-13 program year, the District completed construction and testing of new full secondary treatment facilities and brought these facilities permanently on-line. Together, the District's 2 wastewater treatment plants receive domestic sewage from approximately 80% of the county's 3.1 million residents and industrial wastewater from 688 permitted businesses within the District's service area. Under normal operations, the effluent is discharged through a 120-in (305-cm) diameter ocean outfall, which extends 4.4 miles (7.1 km) from the Huntington Beach shoreline (Figure 1-1). The last 1.1 miles (1.8 km) of the outfall consists of a diffuser with 503 ports that discharge the treated effluent at an approximate depth of 197 ft (60 m). Since 1999, the District has accepted 8.3 billion gallons (3.2 x 1010 L) of dry-weather urban runoff from 20 diverted urban runoff locations in North and Central Orange County that would otherwise have gone into the ocean without treatment (OCSD 2015). These include storm water pump stations owned by the City of Huntington Beach (n=11), the City of Newport Beach (n=2), the Irvine Ranch Water District (n=2), the PH Finance, LLC (n=1), and from 4 diverted flood control channels owned by the Public Works Department of Orange County. The collection and treatment of dry-weather runoff is part of a regional effort to reduce beach bacterial and chemical (e.g., selenium) pollution associated with chronic dry-weather flows within the watershed. For 2014-15, the diverted daily discharge per month ranged from 0.70-1.49 million gallons (2.6-5.6 x 10' L) during dry weather and the total average daily discharge was 1.50 million gallons (5.7 x 10' L). There are 4 new urban runoff diversions proposed for the coming year. Construction of 1 new diversion is nearly underway, with the diversion expected to go on-line by the end of 2016. Three additional diversions, the Delhi, Santa Fe, and Lane flood control channels in the City of Santa Ana, are still in the proposal stage with no projected timeline for completion. Since July of 1986, approximately 10 million gallons per day (MGD) (3.8 x 107 L/day) of the final effluent had been transferred daily to the Orange County Water District (OCWD) where it received further (tertiary) treatment to remove residual solids. The effluent from this process was then used for public landscape irrigation (e.g., freeways, golf courses) as part of the Green Acres Project (GAP) or pumped into a local aquifer to provide a saltwater intrusion barrier. In 2007-08, the District began diverting -35 MGD (=1.3 x 10' L/day) of secondary effluent to OCWD's Groundwater Replenishment System (GWRS). The diversion was increased to -68 MGD (=2.6 x 10' L/day) in 2008-09, averaged 84 MGD (-3.2 x 10' L/ day) in 2013-14, and was increased to-100 MGD (-3.8 x 10' L/day) in February 2015. This flow is treated using microfiltration, reverse osmosis, and ultraviolet disinfection to achieve constituent levels that meet or exceed drinking water standards. During 2014-15, the 2 wastewater treatment plants received and processed influent volumes averaging 187.3 MGD(7.1 x 108L/day). Treatment plant processes achieved a 98%reduction in suspended solids concentration. After diversions to the GWRS, the District discharged an average of 117.2 MGD (4.4 x 108 L/day) of treated wastewater to the ocean (Figure 1-3). Peak flow in 2014-15 was 134.5 MGD (5.1 x 10' L/day) in July of 2014, which was well below the historical peak flow of 550 MGD (2.1 x 109 L/day)that occurred during an extreme rainfall event in the winter of 1996. Seasonal and interannual differences in flow volumes are due to the variability in the amount of rainfall, infiltration of the treatment system by runoff, 1.4 300.0 4.0 p 250.0 3.5 G 0 3.0 p 200.0 c 2.5 m LL 150.0 2.0 j y 100.0 1.5 K 1.0 0 W 50.0 0.5 !^. 0.0 0.0 16 1g R,'1. p0 p0 91 9p 01 O pA ,9 0,09 ,�`I' ^6 191y 410" 14,1 ^9pe. 10 p 11` ^9°'p' ^Opa'O ry�ti 00<i � 1,11 16 a Vear Figure 1-3. Annual final effluent flow(blue line)for the District and annual population(red line)for Orange County, California, 1975-2015. Source:OC Population:California Dept.of Finance and reclamation. The 2014-15 total rainfall for Newport Harbor was 5.55 inches (141 mm) (Orange County, CA Department of Public Works 2015), well below the long-term historical mean of 10.9 inches (277 mm) (Figure 14). As a result, annual flows in the Santa Ana River were below average (Figure 1-5). Prior to 1990, wastewater discharge volumes gradually increased due to continuing population growth within the District's service area (Figure 1-3). However, wastewater flows decreased in 1991-92 and remained stable through 2007 due to drought conditions and water conservation measures despite the increasing population. Since 2007, average flows have declined dramatically due to the conservation measures of our member agencies and the startup of the GWRS, which reclaims water that previously would have been discharged to the ocean. 30 25 N N � 20 c 15 W : A A 2 A c 10 m Y 5 0 16 1g 5P 6 p4+ On 0p y1 OO p9 Oa ,'1. 101y 10'1� 1901 ^°j� 10y,1 1A9a 1_gVJ ^99v 1A9g �ti (y00 '7OOPf (yO�n'I '7O,�x Year Figure 1-4. Annual rainfall for Newport Harbor, 1975.2015. Red line represents the historical annual mean value. Source:Rainfall:OC Public Works;Station 8B/Newport Beach. 1.5 1,000,000 100,000 0 0 10,000 g 1,000 0 100 LL 10 p p nZ ry rypA ry nb 9 ryP^ ti PN� BDr Year M h' Figure 1-5. Annual flow for the Santa Ana River, 1975-2015. Red line represents the historical annual mean value. Source:Santa Ana River:USGS,5th Street Station,Santa Ana. REGULATORY SETTING FOR THE OCEAN MONITORING PROGRAM The District's permit includes requirements to monitor influent, effluent, and the receiving water. Effluent flows, constituent concentrations, and toxicity are monitored to determine compliance with permit limits and to provide data for interpreting changes to receiving water conditions. Wastewater impacts to coastal receiving waters are evaluated by the District's ocean monitoring program (OMP) based on 3 inter-related components: Core monitoring, Strategic Process Studies (SPS), and Regional monitoring. In addition, the District conducts other special studies not required under the existing NPDES permit. Information obtained from each of these program components is used to further the understanding of the coastal ocean environment and improve interpretations of the monitoring data. These program elements are summarized below. The Core monitoring program is designed to measure compliance with permit conditions and trend analysis. Four major components comprise the program: (1) coastal oceanography and water quality, (2) sediment quality, (3) benthic infaunal community health, and (4) demersal fish and epibenthic macroinvertebrate community health, which include fish tissue contaminant concentrations. The District conducts SPS to provide information about relevant coastal processes that are not addressed by Core monitoring. These studies have included evaluating the physical and chemical processes that affect the fate and transport of the discharged wastewater, tracking wastewater particles, contributing to the development of ocean circulation models, and studying the effects of endocrine disrupting compounds (EDCs) on fish. The District recently concluded a series of studies conducted over 3 years to examine recent changes in infaunal assemblages near the outfall, collectively referred to as the ZID (zone of initial dilution) Investigation. Presently, the District is continuing a sediment mapping study to determine the optimal sediment station array to accurately generate a map of the District's outfall footprint for sediment geochemistry analytes and benthic infaunal community metrics. Since 1994, the District has participated in 5 regional monitoring studies of environmental conditions within the Southern California Bight (SCB): 1994 Southern California Bight 1.6 Pilot Project (SCBPP), Bight'98, Bight'03, Bight'08, and Bight'13. The District has played a considerable role in all aspects of these regional projects, including program design, sampling, quality assurance, data analysis, and report writing. Results from these efforts provide information that is used by individual dischargers, resource managers, and the public to improve region-wide understanding of environmental conditions and to provide a regional perspective for comparisons with data collected from individual point sources. Final reports for the Bight'13 program will be available in December 2017. Program documents, data, and reports on the previous studies can be found at the Southern California Coastal Water Research Project's (SCCWRP)website (http://sccwrp.org). Since 1997, the District has also participated in the Central Bight Water Quality Program, a collaborative regional water quality effort of the City of Oxnard, the City of Los Angeles, the County Sanitation Districts of Los Angeles, the District, and the City of San Diego. Other collaborative projects organized by SCCWRP include "Characteristics of Effluents from Large Municipal Wastewater Treatment Facilities' and "Comparison of Mass Emissions among Sources in the Southern California Bight." Both of these projects involve historical data mining from large publicly owned treatment works (POTWs), including the District. Finally, the District has been working with the Southern California Coastal Ocean Observing System (SCCOOS; http://www.sccoos.org) to provide real time meteorological data and historical and ongoing offshore and beach water quality data to further understand region- wide oceanographic trends. The District also partnered with SCCWRP, other local POTWs, and the OC Health Care Agency in conducting studies not mandated by the NPDES permit. Recent examples include continuing research on source tracking of bacterial contamination and evaluating rapid tests for fecal indicator bacteria. The District's OMP has contributed substantially to the understanding of water quality and environmental conditions along the beaches and in the area adjacent to the submarine outfall. This monitoring program has generated a large data set that provides a broad understanding of both natural and anthropogenic processes that affect coastal oceanography and marine biology. ENVIRONMENTAL SETTING The District's ocean monitoring area is located on the southern portion of the San Pedro Shelf, adjacent to one of the most highly urbanized areas in the United States. The shelf is composed primarily of soft sediments (sands with silts and clays)and inhabited by biological communities typical of these environments. The seafloor increases in depth gradually from the shoreline to a depth of approximately 262 f:(80 m), afterwhich the depth increases rapidly as it slopes down to the open basin. The outfall diffuser lies at about 60 m depth on the shelf between the Newport and San Gabriel submarine canyons, which are located southeast and northwest, respectively (Figure 1-1). The 120-inch outfall represents one of the largest artificial reefs in this coastal region and supports communities typical of hard substrates that would not otherwise be found in the monitoring area (CDFG 1989, OCSD 2000). Together with the District's 78-inch (198-cm)outfall, approximately 1.1 x 106 ft' (102,193 m2)of seafloor was converted from a flat, sandy habitat into a raised, hard-bottom substrate. 1.7 Conditions within the District's monitoring area are affected by large regional-scale current patterns that influence the water characteristics and the direction of water flow along the Orange County coastline. The predominant low-frequency current flows in the monitoring area are alongshore (i.e., either upcoast or downcoast) with minor across-shelf (i.e., toward the beach) transport (OCSD 1997, 1998, 2004, 2011; SAIC 2001, 2009, 2011). The specific direction of the flows varies with depth and is subject to reversals over time periods of days to weeks (see SAIC 2011 for detailed long-term analyses). Other natural oceanographic processes, such as upwelling and eddies, also influence the characteristics of receiving waters on the San Pedro Shelf. Tidal flows, currents, and internal waves mix and transport the District's wastewater discharge with coastal waters and resuspended sediments. Tidal currents in the study region are relatively weak compared to lower frequency currents, which are responsible for transporting material over long distances (OCSD 2001, 2004). Combined, these processes contribute to the variability of seawater movement observed within the monitoring area. Episodic storms, drought, and climatic cycles influence environmental conditions and biological communities within the monitoring area. For example, storm water runoff has a large influence on sediment movement in the region (Brownlie and Taylor 1981, Warrick and Milliken 2003). Major storms contribute large amounts of contaminants to the ocean and can generate waves capable of extensive shoreline erosion, sediment resuspension, and movement of sediments along the coast as well as offshore. Some of the greatest effects are produced by wet weather cycles, periods of drought, and periodic oceanographic events, such as El Nino and La Nina conditions. An understanding of the effects of the inputs from rivers and watersheds, particularly non-point source runoff, is important for evaluating trends in the environmental quality of coastal areas. River flows, together with urban storm water runoff, represent significant, episodic sources of freshwater, sediments, suspended particles, nutrients, bacteria and other contaminants to the coastal area (Hood 1993, Grant et al. 2001, Warwick at al. 2007), although recent studies indicate that the spatial impact of these effects may be limited (Ahn at al. 2005, Reifel et al. 2009). While many of the materials supplied to coastal waters by rivers are essential to natural biogeochemical cycles, either an excess or a deficit may have important environmental consequences. Nearshore coastal waters of the SCB receive municipal and industrial wastes from a variety of human-related sources, such as wastewater discharges, dredged material disposal, oil and gas activities, boat/vessel discharges, urban and agricultural runoff, and atmospheric fallout. The majority of these sources are located between Point Dume and San Mateo Point (Figure 1-1). Discharges from the Los Angeles, San Gabriel, and Santa Ana Rivers are also responsible for substantial inputs of contaminants to the SCB (Schafer and Gossett 1988, SCCWRP 1992, Schiff and Tiefenthaler 2001). A goal of the District's OMP is to provide an understanding of the effects of its wastewater discharge on beneficial uses of the ocean. However, distinguishing the effects of the District's discharge from those of natural and other human influences is difficult, especially as the "signal" (impact) from the outfall has been greatly reduced since the 1970s. The complexities of the environmental setting and related difficulties in assigning a cause or source to a pollution event are the reasons for the District's extensive monitoring program. 1.8 This report presents OMP compliance determinations for data collected from July 2014 through June 2015. Compliance determinations were made by comparing OMP findings to the criteria specified in the District's NPDES permit. Any related special studies or regional monitoring efforts are also documented. This report and earlier annual reports are available digitally at the District's website: http://www.ocsd.com/opengov/annual-reports/-folder-385. 1.9 REFERENCES Ahn, J.H., S.B. Grant, C.Q. Surbeck, P.M. Digiacomo, N.P. Nezlin, and S. Jiang. 2005. Coastal water quality impact of stormwater runoff from an urban watershed in Southern California. Environ. Sci. Technol. 39:5940-5953. Brownlie, W.D. and B.D. Taylor. 1981. Sediment management for Southern California mountains, coastal plains, and shorelines. Part C. Coastal Sediment Delivery by Major Rivers in Southern California. Environmental Quality Laboratory Report 17C. California Institute of Technology, Pasadena, CA. California State Department of Parks and Recreation—Orange Coast District. 2015. State Beach Attendance Statistics. Unpublished data. CDFG (California Department of Fish and Game). 1989. A Guide to Artificial Reefs in Southern California. Robert D. Lewis and Kimberly K. McGee. City of Huntington Beach — Fire DepartmenUMarine Safety Division. 2015. Huntington Beach Attendance Statistics. Unpublished data. City of Newport Beach—Fire Department/Marine Operations Division. 2015. Newport Beach Monthly Statistics. Unpublished data. City of Seal Beach—Marine Safety/Lifeguards Department. 2015. Seal Beach Statistics. Unpublished data. Grant, S.B., B.F. Sanders,A.B. Boehm, J.A. Redman, J.H. Kim, R.D. Mrse,A.K. Chu, M. Gouldin, C.D. McGee, N.A.Gardiner, B.H.Jones,J.Svejkovsky,G.V.Leipzig,and A.Brown. 2001. Generation of enterococci bacteria in a coastal saltwater marsh and its impacts on surf zone water quality. Environ. Sci. Technol. 35:2407-2416. Hood, D. 1993. Ecosystem relationships. In: Ecology of the Southern California Bight: A Synthesis and Interpretation (M.D. Dailey, D.J. Reish, and J.W. Anderson — Eds.). University, of California Press, Berkeley, CA. p. 782-835. Leeworthy,V.R.and P.C.Wiley. 2007. Economic Value and Impact of Water Quality Change for Long Beach in Southern California. National Oceanic and Atmospheric Administration Report. 23 p. OCSD (Orange County Sanitation District). 1997. Annual Report, July 1995—June 1996. Marine Monitoring. Fountain Valley, CA. OCSD. 1998. Annual Report,July 1996—tune 1997. Marine Monitoring. Fountain Valley, CA. OCSD. 2000. Annual Report,July 1998—tune 1999. Marine Monitoring. Fountain Valley, CA. OCSD. 2001. Annual Report,July 1999—tune 2000. Marine Monitoring. Fountain Valley, CA. OCSD. 2004. Annual Report,July 2002—tune 2003. Marine Monitoring. Fountain Valley, CA. OCSD. 2011. Annual Report, July 2009—June 2010. Marine Monitoring. Fountain Valley, CA. OCSD. 2015. Annual Report, July 2014—tune 2015. Environmental Compliance Program Pretreatment Program. Fountain Valley, CA. Orange County, CA. Department of Public Works. 2015. Historic Rainfall Data. Station 88—Newport Beach Harbor Master. http://ocwatemheds.com/rainrewrds/rainfalidata/historic—data/rainfall—data 1.10 Reifel, K.M., S.C. Johnson, P.M. DIGIacomo, M.J. Mengel, N.P. Nezlin, J.A. Warrick, and B.H. Jones. 2009. Impacts of stonnwater runoff in the Southern Califomia Bight-Relationships among plume constituents. Cont. Shelf Res. 29:1821-1835. SAIC (Science Applications International Corporation). 2001. Strategic Processes Study#1: Plume Tracking— Ocean Currents. Prepared for the Orange County Sanitation District. Fountain Valley, CA. 68 p. SAIC. 2009. Orange County Sanitation District Ocean Current Studies: Analyses of Inter-and Intra-Annual Variability in Coastal Currents. Final Report prepared for the Orange County Sanitation District. Fountain Valley, CA. 62 p. SAIC. 2011. Statistical Analysis of Multi-Year Currents at Inshore Locations in San Pedro Bay. Final Report prepared for Orange County Sanitation District. Fountain Valley, CA. 36 p. SCCWRP (Southern California Coastal Water Research Project). 1992. Southern California Coastal Water Research Project Biennial Report 1990-91 and 1991-92 (J.N. Cross and C. Francisco— Eds.). Long Beach, CA. Schafer, H.A.and R.W.Gossett. 1988. Characteristics of storm water runoff from the Los Angeles and Ventura Basins. Technical Report Number 221. Southern Califomia Coastal Water Research Project. Long Beach, CA. 58 p. Schiff, K. and L.Tiefenthaler. 2001. Anthropogenic versus natural mass emissions from an urban watershed. In: Southern California Coastal Water Research Project Annual Report, 1999-2000(S.B.Weisberg and D. Elmore—Eds.). Southern California Coastal Water Research Project. Westminster, CA. p. 63-70. Turbow D.T. and L.S. Jiang. 2004. Impacts of beach closure events on perception of swimming related health risks in Orange County, California. Mar. Pollut. Bull.48:312-316. Warrick, J.A. and J.D. Millikan. 2003. Hyperpycnal sediment discharge from semiarid southern California rivers: Implications for coastal sediment budgets. Geology 31:781-784. Warrick,J.A.,P.M.DIGIacomo,S.B.Weisberg,N.P. Nezlin, M.Mengel,B.H.Jones,J.C.Ohlmann,L.Washburn, E.J. Terrill, and K.L. Farnsworth. 2007. River plume patterns and dynamics within the Southern California Bight. Cont. Shelf Res. 27:2427-2448. 1.11 This page intentionally left blank. COMPLIANCE DETERMINATIONS Chapter 2 Chapter 2 COMPLIANCE DETERMINATIONS INTRODUCTION This chapter provides compliance results for the 2014-15 monitoring year for the Orange County Sanitation District's (District) ocean monitoring program (OMP). The program includes sample collection, analysis, and data interpretation to evaluate potential impacts of wastewater discharge on the following receiving water characteristics: • Bacterial Physical Chemical • Biological • Radioactivity Each of these characteristics have specific criteria (Table 2-1) for which permit compliance must be determined each monitoring year. The Core OMP sampling locations include 28 offshore water quality stations, 68 benthic stations to assess sediment chemistry and bottom-dwelling communities, 14 trawl stations to evaluate fish and macroinvertebrate communities, and rig fishing zones for assessing human health risk from the consumption of sport fishes (Figures 2-1 to 2-3, Table A-1). Monitoring frequencies varied by component, and ranged from 2-5 days per week for surfzone water quality to annual assessments of fish health and tissue analyses. WATER QUALITY Offshore bacteria The majority (78-91%; n=2097) of fecal indicator bacteria (FIB) counts collected at the 8 REC-1 stations were below the method detection limit (MDL) of 10 MPN/100 mL (Tables B-1 to B-3). The highest density observed for any single sample for total coliforms, fecal coliforms, and enterococci was 5794, 234, and 52 MPN/100 ml-, respectively. Compliance for all 3 FIB were achieved 100% for both state and federal criteria, indicating no impact of bacteria to offshore receiving waters. In addition to the required REC-1 stations, the District sampled an additional 7 stations along the 10-m depth contour as part of a study to evaluate potential changes in bacteria counts due 2.1 Table 2-1. Listing of compliance criteria from NPDES ocean discharge permit(Order No. R8-2012-0035, Permit#CA0110604) and compliance status for each criterion in 2014-15. Criteria Criteria Mel Bacterial Characteristics V.A.1.a.For the Ocean Plan Water-Contact Standards,total colifoim density shall not exceed a 30-day Geometric Mean of 1,000 per 100 mL nor a single sample maximum of 10,000 per 100 mL.The total yes colifonn density shall not exceed 1,000 per 100 mL when the single sample maximum fecal coliformhotal coffin.ratio exceeds 0.1. V.A.1.a.For the Ocean Plan Water-Contact Standards,fecal colifonn density shall not exceed a 30-day yes Geometric Mean of 200 per 100 mL nor a single sample maximum of 400 per 100 mL. V.A.1.a.For the Ocean Plan Water-Contact Standards,Entemooccus density shall not exceetl a 30-day yes Geometric Mean of 35 per 100 mL nor a single sample maximum of 104 per 100 mL. V.A.1.1b.For the USEPA Primary Recreation Criteria in Federal Waters,Entemoccus density shall not exceed a 30 day Geometric Mean(per 100 ml-)of 35 nor a single sample maximum(per 100 ml-)of 104 yes for designated bathing beach, 158 for moderate use,276 for light use,and 501 for infrequent use. V.A.1.c.For the Ocean Plan Shellfish Harvesting Standards,the median total coli on density shall not N/A exceed 70 per 100 ml-,and not more than 10 percent of the samples shall exceed 230 per 100 mL. Physical Characteristics V.A.2.a.Floating particulates and grease and oil shall not be visible. yes V.A.2.b.The discharge of waste shall not cause aesthetically undesirable discoloration of the ocean yes surface. V.A.2.c.Natural light shall not be significantly reduced at any point outside the initial dilution zone as a yes result of the discharge of waste. V.A.2.d.The rate of deposition of inert solids and the characteristics of inert solids in ocean sediments shall yes not be changed such that benthic communities are degraded. Chemical Characteristics V.A.3.a.The dissolved oxygen concentration shall not at any time be depressed more than 10 percent from yes that which occurs naturally,as the result of the discharge of oxygen demanding waste materials. V.A.3.b.The pH shall not be changed at any time more than 0.2 units from that which occurs naturally. yes V.A.3.c.The dissolved sulfide concentration of waters in and near sediments shall not be significantly yes increased above that present under natural conditions. V.A.3.d.The concentration of substances,set forth in Chapter 11,Table B of the Ocean Plan,in marine yes sediments shall not be increased W levels which would degrade indigenous biota. V.A.3.e.The concentration of organic materials in marine sediments shall not be increased to levels which yes would degrade marine life. V.A.31 Nutrient materials shall not cause objectionable aquatic gmwdhs or degrade indigenous biota. yes V.A.3.g.The concentrations of substances,set forth in Chapter 11,Table B of the Ocean Plan,shall not be yes exceeded in the area within the waste field where initial dilution is completed. Biological Characteristics V.A.4.a.Marine communities,including vertebrate,invertebrate,and plant species,shall not be degraded, yes V.A.4.b.The natural taste,odor,and color of fish,shellfish,or other marine resources used for human yes consumption shall not be alteretl. V.A.4.c.The concentration of organic materials in fish,shellfish,or other marine resources used for human yes consumption shall not bioaccumulate to levels that are harmful to human health. V.A.S. Discharge of radioactive waste shall not degrade marine life. yes NIA=Not Applicable. 2.2 C O N (/l 0 3 d c m �+ Cl m m � 0 oy, •p = o O 0 0 d_ N �PMO • •p O v w `o v aa'i U oPSP •' m K K U K K in Osy. mw o • • • • ' i I PAP • E r Pt •NLn J i•^ g 0 w" mz • •„ v 7 • N • W n 9r •� N My, PO m •m •m O PfJ � •ry ry N m m C °r� won •� o 4�Hy O n O� is m •n N G t�y,lqO •N �'•� S <b �t0 •"' <•n d o • •� c 41 o •n <PP • '2i •r IV Y O O d L r Bo d < o � ' a PPo • �� _ p N ` F G L Z ❑ M (II Lq O N E � E E E E E EF j � � E o d 0 of 2.3 I� V 0 � ^• U U b 1A I N m• o • W • L o • L N • •i P L ^ I C • m `y N I C O N ^• N • i9 r •^ E y v` • d L o• d m• � U • N v O n • � w d y W •w • • •n • � o .dd.. � C •m O d r � m �• Z O vuI U S N / o N LL 2.4 P2 � 92j Li ~ x \ \ \ \ \ \ m ! k ® . { y ./ \ \ w to the cessation of disinfection of the final effluent (Figure 2-1). At these stations, 84-100% of the samples (n=210)were below the MDL. The highest value measured was 201, <10, and 10 MPN/100 mL for total coliforms, fecal coliforms, and enterococci, respectively. Floating Particulates and Oil and Grease There were no observations of oils and grease or floating particles of sewage origin at any offshore or nearshore station in 2014-15 (Tables B-4 and B-5). Therefore, compliance was achieved. Ocean Discoloration and Transparency The water clarity standards were met 97.4% of the time for both Zone A and B station groups combined (Table 2-2). Compliance was slightly lower than the previous year's value of 100% though it was within the range seen since 1985 (Figure 2-4). All transmissivity values (Table B-6)were within natural ranges of variability to which marine organisms are exposed (OCSD 1996a). There were no impacts from the wastewater discharge relative to ocean discoloration at any offshore station. Dissolved Oxygen In 2014-15, compliance was met 99.4% and 99.6% of the time for Zone A and B station groups, respectively (Table 2-2). Overall compliance was met 99.5% of the time for all stations combined. This represents an increase in compliance of 2.1% from the 2013-14 monitoring year (Figure 2-4), and is the highest dissolved oxygen compliance value seen Table 2-2. Summary of offshore water quality compliance testing results for dissolved oxygen, pH, and transmissivity for 2014-15. Number of Number of Percent Number Percent Parameter Observations Out-of-Range Out-of-Range Out-of- Out-of- Occurrences Occurrences Compliance Compliance Zone A Stations Dissolved Oxygen 494 16 3.2 3 0.6 pH 494 18 3.6 0 0 %Transmissivity 494 196 39.7 0 0 Zone B Stations Dissolved Oxygen 468 8 1.7 2 0.4 pH 468 4 0.9 2 0.4 %Transmissivity 468 103 22 25 5.3 Total(Zone A and Zone B Stations Combined) Dissolved Oxygen 962 24 2.5 5 0.5 pH 962 22 2.3 2 0.2 %Transmissivity 962 299 31.1 25 2.6 2.6 ,w 95 E90 O C 85 I I O 80 III 100 95 Y N p 90 E U C 85 d a x eo 10o 9s V A_ 6 90 E 85 s0 Year Figure 2-4. Summary of mean percent compliance for dissolved oxygen (DO), pH, and light transmissivity(%T)for all compliance stations, 1985-2015. 2.7 since 1998 (86.1-99.5%). The DO values(Table B-6)were well within the range of long-term monitoring results (OCSD 1996b, 2004b). No environmentally significant effects to DO from the wastewater discharge were observed. Acidity (pH) Compliance was met 100%and 99.6%of the timeforZoneAand B station groups, respectively (Table 2-2). Overall compliance was met 99.8% of the time for all stations combined, a slight increase from the previous year's value, and within the range seen since 1985 (Figure 24). There were no environmentally significant effects to pH from the wastewater discharge as the measured values (Table B-6)were within the range to which marine organisms are naturally exposed. Nutrients (Ammonium) During 2014-15, 90%(n=1,307)of the samples were below the MDL(<0.02mg/L). Detectable ammonium concentrations ranged from 0.02 to 0.27 mg/L, with 95% (n=146) of the detected values collected from samples taken below 15 m (Table B-6). Plume-related changes in ammonium were not considered environmentally significant as maximum values were 15 times less than the chronic (4 mg/L) and more than 20 times less than the acute (6 mg/L) toxicity standards of the California Ocean Plan (OCSD 2004a). In addition, there were no detectable plankton associated impacts (i.e., excessive plankton blooms caused by the discharge). Organics in the Water Column Only 8 constituents from Table B of the Ocean Plan have effluent limitations established in the District's NPDES permit. During the period from July 2014 through June 2015, none of these constituents exceeded the effluent limitations established in the permit. Radioactivity The District measures the effluent for radioactivity, but not the receiving waters. The results of the effluent analyses during 2014-15 indicated that both state and federal standards were consistently met and are published in the District's Discharge Monitoring Reports (DMR). As fish and invertebrate communities are diverse and healthy, compliance is considered to be met. Overall, results from the District's 2014-15 water quality monitoring program detected minor changes in measured water quality parameters related to the discharge of wastewater to the coastal ocean. This is consistent with previously reported results (e.g., OCSD 2015). Plume-related changes in temperature, salinity, DO, pH, and transmissivity were measurable beyond the initial mixing zone during some surveys. This usually extended only into the nearfield stations, typically <2 km away from the outfall, similar to what has been seen in the past. None of these changes were determined to be environmentally significant since they fell within natural ranges to which marine organisms are exposed (OCSD 1996a, 2004b; Wilber and Clarke 2001, Chavez at al. 2002, Jarvis at al. 2004,Allen at al. 2005, Hsieh at al. 2005). Overall, the public health risks and measured environmental effects to the receiving water continue to be small. All values were within the ranges of natural variability for the study 2.8 area, and reflected seasonal and yearly changes of large-scale regional influences. The limited observable plume effects occurred primarily at depth, even during the winter when stratification was weakest. In summary, staff concluded that the discharge, in 2014-15, did not greatly affect the receiving water environment, and that beneficial uses were protected and maintained. SEDIMENT GEOCHEMISTRY Means of sediment geochemistry parameter values in 2014-15 were comparable between within-ZID and non-ZID station groups and were similarto or well below regional values(Tables 2-3to2-6). Sediment geochemistry values were also below levels of biological concern(Effects Range-Median (ERM)values), except for silver(>3.7 mg/kg) at non-ZID Station C in Summer 2014. This exceedance was considered to be due to natural variability, as the concentration of silver at Station C was below the ERM in the previous monitoring years (OCSD 2014, 2015) and in Winter 2015. These results, coupled with the absence of sediment toxicity in amphipod survival tests (Table 2-7) and the presence of healthy fish and invertebrate communities both near and away from the outfall (see below), suggest good sediment quality in the monitoring area. Therefore, we conclude that compliance was met. BIOLOGICAL COMMUNITIES Infaunal Communities A total of 658 invertebrate taxa comprising 31,188 individuals were collected in the 2014-15 monitoring year. As with previous years (OCSD 2013, 2014), there were marked declines in mean species numbers (richness) and abundances of infauna at stations deeper than 120 m (Table 2-8). Mean community measure values were comparable between within- and non-ZID stations, and all station values were within regional and District historical ranges in both surveys (Tables 2-8 and 2-9). The infaunal communities in both surveys can be classified as reference condition based on their low (<25) mean Benthic Response Index (BRI) values and/or high (>60) mean Infaunal Trophic Index (ITI) values. Results of the multivariate analyses, particularly the similarity profile (SIMPROF) test, of the infaunal species and abundances showed that the infaunal community composition at non-ZID and within-ZID stations were similar in each survey (Figure 2-5). In terms of indicator species, just 1 specimen of the pollution-tolerant polychaete species Capitella capitata Cmplx was collected at within-ZID Station 0 and at 5 non-ZID stations in the summer survey, but none was present in the winter samples. In addition, the abundances of the pollution-sensitive amphipod genera Ampelisca and Rhepoxynius remained high at within-ZID stations, with a survey mean of 43 individuals. These multiple lines of evidence suggest that the outfall discharge had an overall negligible effect on the benthic community structure within the monitoring area. We conclude, therefore, that the biota outside the ZID was not degraded by the outfall discharge, and as such, compliance was met. Epibenthic Macroinventebrate Communities A total of 49 epibenthic macroinvertebrate (EMI) species, comprising 12,945 individuals and a total weight of 46.9 kg, were collected from the monitoring area during trawls conducted in 2.9 Table 2-3. Physical properties and organic contaminant concentrations of sediment samples collected at each semi-annual and annual station (*) in Summer 2014 compared to Effects Range-Median (ERM)values and regional measurements. Depth Total LAB Median Fines TOC Sulfides Total P Total N Total PAH Total DDT Total Past Total Station (m) (Vglkg) Phi N (%) (mNk9) (nnek9) (m9lkg) (Vglkg) (Vglkg) (Vg*g) PCB (pglk9) Middle shelf Zone 1(31-50 m) 7 41 37.4 381 33.9 0.38 261 1300 350 388.5 10.80 ND 0.21 8' 44 25.0 3.88 40.0 0.41 6.41 1100 390 Tr.5 3.34 ND 0]1 21' 44 33.9 3.79 34.7 0.37 6.47 1200 370 SOS 2.34 ND 1.78 22' 45 23.8 395 45.8 0.38 4.67 1100 330 61.0 3.38 ND 1.98 30' 46 27.8 366 28.0 0.33 2.30 1100 280 59.4 1.63 ND 0.24 36' 45 11.0 391 43.9 0.35 5.10 1100 250 49.3 1.60 ND ND 55' 40 26.1 2.88 7.0 0.20 Im 720 200 29.5 1.32 ND ND 59' 40 141 3.34 181 0.33 295 940 350 40.5 105 NO ND Mean 24.9 3.65 31.4 0.34 4.23 1070 315 95.8 3.18 ND 0.62 Middle shelf one 2,NonZID(51-90 m) 1 56 433 3.65 249 0.34 393 1200 340 798 229 NO 5,13 3 60 525 3.52 17.5 0.30 3.00 950 230 547 8.69 ND 6,28 5 59 308 3.78 32.7 0.37 402 360 340 88.0 1.96 ND 34 9 59 216 3.37 14.5 0.28 469 880 260 656 1.87 ND 0,35 10' 62 317 4.22 604 0.37 665 1100 340 619 2.02 ND 046 12 58 US 3.31 165 0.33 4,17 810 310 52.3 1.28 ND ND 13' 59 mb 3.79 347 0.37 2,17 1200 340 58.3 1.79 ND 0,66 37' 56 342 2.% 196 0.35 1130 690 260 518 1.75 ND ND 68 52 450 3.74 304 0.36 286 980 260 59.5 1.56 878 1,88 69 52 317 365 248 0.38 510 960 260 49.5 1.54 ND 0,67 10 52 60.1 3.55 209 0.35 566 710 470 60.1 3.3) ND 0,37 11 52 362 342 160 0.31 4,32 760 no 319 1.27 ND 0,52 12 55 347 368 27,5 0.36 6,33 790 330 89.3 2.28 ND 2,58 13 55 838 344 15.9 0.41 %04 970 230 207] 1.75 ND 6,81 14 51 549 345 18.1 0.m 4,18 870 300 650 1.25 ND 0,91 15 60 482 3.42 156 0.32 975 930 260 62.3 1.04 ND ND 11 60 157 3.41 117 0.31 300 1100 290 189 1.22 ND ND 18 63 438 3.42 15.3 0.31 3,16 910 280 700 1.27 ND 041 19 65 392 3.58 20.8 0.34 340 1100 280 594 1.61 ND 1,55 80 65 347 3.70 31.3 0.36 5,70 1100 300 46.3 1.25 ND 676 81 65 348 3.47 17.8 0.28 490 two 270 396 1.04 ND 0,18 82 65 387 3.37 14.6 0.27 7.59 850 290 420 1.12 ND ND 84 54 14.1 346 11.1 0.35 393 two 310 714 1.16 ND 1,27 85 51 852 341 140 0.39 6.27 1100 280 2109 5.36 ND 8,26 86 51 915 346 156 0.39 7.55 1100 270 240.9 1.72 ND 374 81 60 645 346 183 0.35 3.90 990 330 60.5 1.40 ND 2,06 C 56 1800 343 213 0.35 4.17 1400 84 591 1.96 ND ND C2' 56 2700 4.54 76.1 1.21 883 1100 740 3674 1983 ND 777 CON 59 734 3.58 247 0.33 824 1200 350 436 291 ND 0.36 Mean 45.9 3.56 24.0 0.37 5.37 969 311 85A 2.87 0.03 2.15 Middle shelf Zone 2,WiNin-ZID(51-90 m) 0 56 143.4 3.36 10.8 0.50 4.34 1200 520 758.3 1.% ND 10.4 4 56 38.1 3.41 16.4 0.32 3.66 870 370 185.3 0.87 ND ND 16 58 35.7 3.47 21.0 0.32 3.93 %0 250 49.1 1.03 1.1 0.72 ZB 56 498 3.45 15.9 0.31 6.74 1100 330 59.0 1.06 ND 1.36 Mean 66.8 3.42 16.0 0.36 4.67 1028 368 262.9 1.23 0.28 3.12 Table 2-3 continues. 2.10 Table 2.3 continued. Depth Total US Median Flues TOO Sulfides Total P Total N Total PAN Total DDT Total Past Total Station PCB Total (p91k9) Phi (%) (%I (mglkg) (mg0'.g) (milling) (gg01g) (p6@g) (pglk9) 90c90 Middle shelf Zone 3(91-120 m) 17- 91 26.5 3.95 45.7 0.36 7.23 1200 520 42.2 2.19 NO 0.20 18- 91 13.0 3.77 31.4 0.41 5.88 1000 310 42.7 1.84 NO 0.20 20- 100 37.5 4.04 51.6 0.47 6.52 1100 430 86.1 3.80 NO 2.05 23- 100 25.8 3.43 19.5 0.34 7.14 910 350 24.7 1.45 NO NO 29- 100 85.8 4.29 64D 0.54 2.59 1200 560 92.2 2.92 NO 1.81 33- 100 48.1 3.64 33.6 0.47 13.00 850 300 54.0 2.21 NO 208 1 100 14.5 2.65 31.4 0.45 12.60 820 230 60.1 2.98 NO 0.21 1 100 38.2 4.09 53.3 0.61 7,40 1100 540 u's 6.48 NO 1]6 1 100 91.3 3.92 43.2 0.49 6.11 1000 540 70.5 5.88 NO 3.80 83- 100 35.3 3.77 28.2 043 5,68 920 370 70.6 1,96 NO 0.23 Mee. 39.6 3.76 403 0.06 7A2 1010 415 631 3.17 ND 1.25 Outer shelf(121-200 m) 24- 200 39.9 4.67 83.1 0.95 9.97 1100 640 103.8 10.42 NO 3.03 25- 200 51.5 4.77 81.5 1.24 15.60 1100 No 114.5 10.75 NO 5.60 27' 200 19.1 4.28 60.4 0.70 6.82 1200 650 69.4 5.43 NO 0.21 1 200 42.8 3.78 36.8 0.56 6.50 950 490 50.0 3.06 NO 2.66 1 200 223.6 5.42 90.2 1.96 10.40 980 1200 269.4 13.90 NO 10.15 61- 200 210.5 4.80 83.6 1.31 18.70 1100 780 216.3 11.10 NO 9.26 1 200 75.6 5.14 81.1 1.13 11.70 1100 810 119.2 10.99 NO 3.39 1 200 25.3 4.28 58.8 0.79 13.00 1100 530 128.0 3.88 NO 0.64 Cb' 187 50.3 5.53 87] 1.93 23.90 1000 780 255.6 4.37 NO 2.14 Mean 82.0 4.74 73.7 1.15 12.95 1070 758 147A 822 NO 4.12 Upper elope/Canyon(201-00 m) 1 303 49.9 4]6 82.3 1.48 12.00 1000 1000 98.6 10.43 NO 278 41- 303 96.8 4.89 81.6 1.59 8.81 990 1100 180.1 14.09 ND 5.51 1 303 96.6 5.40 92.0 1.96 13.80 920 1300 180.4 15.59 ND 5.71 1 241 390.5 5.85 92.6 2.38 36.60 1000 1700 295.0 10.65 ND 10.33 1 300 91.4 5.73 96.4 2.40 14.80 1000 770 219.2 23.78 ND 8.22 1 300 167.3 5.51 0.5 2.38 25.40 920 1700 2T4.7 2A.56 ND 10.19 fib' 300 18.00 6.33 92.5 0.85 22.80 1000 1000 87.9 2.11 NO ND C5' 296 131.2 6.13 97.1 2.41 33.40 850 1700 252.9 9.38 NO 4.21 Mean 130.2 5.58 91.1 1.23 20.95 960 1284 198.6 13.70 NO 5.87 Sediment quality guidelines and regional summer values ERM N/A NIA NIA NIA NIA NIA WA a4,792 46.10 N/A 180 8 AWM Middle NIA N/A 46.6 1 N/A N/A N/A 179 16 WA 13 Middle AW SIgN'08AWM NIA N/A (0 1.5 NIA NIA N/A 231 56 WA 19 Outer shelf' 8AWM Upper slope NIA N/A 81.3 2.6 NIA NIA N/A 230 238 WA 36 Upper Abbreviations:ZID=Zone of Initial Dilution,AM=Ares WegNed Mean,ND=Not Detected,NIA=Not Applicable. 'Long at al.(1995). 'SchlR at al.(2011). 2.11 Table 2-4. Metal concentrations(mglkg) in sediment samples collected at each semi- annual and annual (*) station in Summer 2014 compared to Effects Range. Median (ERM)values and regional measurements. station Depth(in) 8h As Be Be CE Cr Cu Ph H9 Ni S. Ag Zn Middle shelf Zone 1(313(l m) ) 41 ND 3,31 42] 021 0.24 21,80 10.50 4X 0,02 9] 052 0,17 379 8' 44 ND 3.07 44.2 0.23 0.27 26.10 9.66 4A0 0.02 9.4 0.41 0.13 38.7 21• 44 NO 3.75 WA 0.25 0.19 20.30 9.01 5.32 0.01 9.3 0.39 0.14 37.6 22• 45 ND 3.34 43.0 0.25 0.27 24.50 11.00 4.56 0.02 10.9 0.59 0.15 43.6 30' 46 0.1 2.62 Wd 0.21 0.20 21.20 8.62 3.86 0.02 8.6 0.54 0.13 3 h 36' 45 0.1 2.99 41.5 0.22 0.24 18.50 8.09 3.91 082 9.1 0.34 0.08 37.1 55• 40 0.1 1.85 26.7 0.14 0.12 14.30 4.81 249 0.01 6.4 1.50 0.04 25 59' 40 NO 235 333 021 9.16 1690 655 420 002 74 634 0.10 299 leen 0.1 2.01 37.9 0.22 0.21 "A4 8.53 4.1 0.02 8.8 0.60 0.12 36.52 Middle shelf Zone 2.Non-21D(51.90 m) 1 56 NO 2,68 36.8 0.27 0.32 21.40 37.00 5.91 0.02 9.1 0.35 0.28 42.9 3 60 NO 2.60 33.5 0.27 0.27 20.90 9.T 4.23 0.01 8.4 0.33 0.17 41.3 5 59 0.1 2.47 39.4 0.25 0.29 22.00 11.00 3.36 0.02 9.8 0.47 0.20 42.8 9 59 ND 245 31.5 026 0.19 19,70 8.50 4.06 0,01 8.7 035 0,12 388 to- 62 NO 2.83 46A 0.29 0.29 23.20 11.60 5.44 0.02 11.0 0.35 0.21 44.8 12 58 ND 2.79 31.2 0.25 0.19 18.30 7.24 4.11 0.01 8.5 0.38 0.10 35.9 13' 59 NO 2.69 41.2 0.24 0.24 23.00 10.10 4.57 0.02 96 0.45 0.16 40 37• 56 NO 2.49 36.8 0.26 0.21 17.50 8.01 4.06 O.U1 9.8 0.33 0.08 40.1 60 52 NO 2.38 35.7 0.23 0.32 21.90 11.00 3.83 0.02 9.9 0.52 0.20 41.7 69 52 0.1 3.02 Ud 0.25 0.33 21.50 1090 5A4 0.03 9] 0A3 0.19 40.9 70 52 ND 2,92 33.9 022 0.31 2180 8% 4.11 0,02 9.5 044 0,15 405 71 52 NO 2.38 29.1 0.23 0.33 20.00 8.79 3.61 0.02 8.5 0.41 0.14 39 72 55 ND 2.57 37.6 0.24 0.30 23.40 11.80 4.9 0.02 10.1 0.38 0.22 42.2 23 55 NO 2.72 32.0 0.24 0.46 23.00 15. 0 4.13 0.03 8.9 0.44 0.22 4 J 74 57 NO 2.88 32.6 0.27 0.28 20.60 8.52 T83 0.01 8.7 0.37 0.11 39.4 75 60 NO 3.14 34.7 0.23 0.30 20.70 9A0 3.06 0.02 9.7 0.53 0.12 42.4 ]) 60 NO 2.57 28.4 0.25 0.20 20.00 8.20 2.93 0.01 8.6 0.39 0.11 37.8 78 63 NO 2.41 29.6 0.23 0.19 20.70 8.19 3.43 0.02 8.6 0.44 0.11 38.2 79 65 NO 2.42 34.2 0.22 0.24 36.10 10.70 3.42 0.02 9.7 0.43 0.17 42.6 80 65 ND 2.96 38.0 0.33 0.17 22.30 10.00 4A8 0.02 10.7 0.36 0.11 45.2 81 65 NO 2.21 29.6 0.24 0.18 19.80 8.18 2.79 0.01 8.6 0.32 0.10 37.7 82 65 ND 2.46 28.0 0.26 O. 7 M.70 1.99 289 0.01 8] 0.41 0.10 38.4 84 54 NO 3.32 32.9 0.26 0." 20.10 12.30 12.3 0.02 9.0 0.34 0.19 41 85 57 NO 2.23 29.9 0.23 0.50 22.20 15.90 3.34 0.06 8.9 0.38 0.19 44.6 86 57 0.1 2.49 32.3 0.28 0.44 21.30 11.60 5.69 0.04 8.9 0.39 0.22 43.6 87 60 0.2 6.57 202.0 95.20 1.04 95.00 45.50 11 0.06 26.8 1.67 0.86 93.9 C 56 5.1 9.27 22.9 8.36 838 10.40 9.36 4.85 0.01 7.9 8.88 4.10 20 C2' 56 0.2 5.33 105.0 0.51 0.44 32.10 19.40 10.5 0.03 18.5 0.76 0.17 877 CON 59 0.1 2,99 43.9 0.24 0.18 22.40 9.28 4Z1 0.02 10.3 041 0.11 39.6 Mean 0.9 3.11 42A 3.81 0.61 24.23 12.0 5.21 0.02 10.2 0.75 0.32 43.91 Middle shelf Zone 2,Within-ZID(51-90 on 0 56 0.1 346 31.9 024 0.57 23,80 12.20 4.92 0,07 9.9 040 0,18 462 4 56 NO 2.74 Nd 0.21 0.20 20.10 7.88 2.81 0.01 8.0 0.34 0.10 36.3 26 58 NO 2.11 33.4 0.29 0.23 19.40 10.20 378 0.02 9.5 035 0.13 419 ZB 56 NO 2.54 33.5 0.24 0.39 20.70 9.47 2.68 0.01 10.0 0.50 0.14 43.2 Mean 0.1 2.88 32.1 0.24 0.35 21.00 9.94 3.0 0.03 9.3 0.411 0.14 41.9 Table 2-4 continues. 2.12 Table 2-4 continued. Station Depth(m) Sb A. Be Be Call Cr Cu Pb Ng Ni Se Ag Zn Middle ah.NZone 3(01.120 m) 11' 91 ND 2.30 36.6 0.29 D. 22.00 11.30 3.45 0.01 12.5 0.51 0.10 t6.5 18' 91 ND 2.65 40.3 0.27 0.18 22.90 9.39 4.34 0.01 10.8 0.50 0.10 45 20 100 0.1 3.22 52.5 0.30 DW 25.90 12.80 5.74 0.02 12.5 D" 0.19 49.5 23' 100 ND 2.89 32.2 0.27 0.20 18.10 6.15 4.13 0.01 8.8 0.37 0.08 322 29' 100 0.1 2.39 64.2 0.29 0.34 21.50 15.20 4.94 0.02 1&0 0.64 0.25 50 33' 100 ND 3.00 47.6 0.27 DU 23.40 10.30 3.77 0.01 12.5 0.65 0.12 471 38' 100 ND 256 346 0,20 0.28 1830 7,82 3.20 001 9.0 0.51 008 322 1. 100 0.1 2.63 66.4 0.31 0.32 28.70 14.90 4.94 0.02 13.5 0.60 0.21 52.9 60' 100 0.1 3.28 62.0 0.32 0.33 26.00 13.30 6.21 0.02 12.1 0.50 0.22 48 83' 100 ND 254 46A 0,29 0.22 2420 10,30 4.62 001 11.1 0,51 0.15 454 Mean 0.1 2.75 40.0 038 DV 23.70 11.21 4.53 0.01 11.6 DU 0.15 45.44 Older shelf(121.200 m) 24' 200 0.1 3.10 826 0.36 0." 33.90 17,90 5.34 0.02 1TO 0.83 0.21 62.2 25' 200 0.2 3.68 101.0 0.42 0.56 35.70 19.80 7.98 0.03 17.8 0.80 0.27 64.2 27' 200 0.1 2.91 65.5 0.35 0.39 29.20 13.50 6.91 0.02 15A 0.57 0.13 53.2 39' 200 0.1 3.49 50.1 0.33 0.31 26.50 11.50 4.9 0.02 13.7 0.52 0.10 50 57' 200 0.2 6.03 171.0 0.50 0.94 83.10 40.00 11.1 0.04 24.0 1.16 0.82 89 61' 200 0.2 4.94 137.0 0.43 0.85 69.80 31.60 9 0.04 20.6 1.09 0.67 79.5 63' 200 0.2 3.60 195C 0.36 DS,t 59.20 21.80 6.37 0.03 17A 0.83 0.34 64.7 65' 200 Di 469 706 042 0.53 29,10 15,60 6.56 002 16.2 0,68 0,18 58.1 C4' 187 0.2 6.08 103.0 0.52 0]1 38.90 22.50 9.48 0.03 22.1 0.90 0.23 83.7 Mean 03 4.28 108.4 0,41 0.59 45.04 21.58 7.52 0.03 18.2 0.82 0.33 67.18 Upper slope/Canyon(201d00 m) 40' 303 0.1 3.62 952 0.43 0.52 34.90 18.40 7.61 0.02 ITS 0.86 0.19 643 41' 303 D.2 3,49 9L0 042 049 56,10 20,50 6.15 002 19] 1.28 022 624 42' 303 0.2 4.78 46.4 0.45 0.63 69.50 26.20 9.88 0.03 21.6 1.27 0.33 78 44' 241 0.1 1.89 320 0.25 0.23 20.60 9.65 3.59 0.01 9.1 0.47 0.14 41.2 58' 300 0.2 5.41 188.0 0.56 0.72 86.80 33.30 9.83 0.03 26.5 1.60 0.43 915 62' 300 0.2 6.91 164.0 0.53 D86 71.30 35,90 10.8 0.03 26A 1.70 0.55 92.6 64' 300 0.1 7.93 88.5 0.81 0.45 43.00 32.60 9.68 0.03 31.9 0.86 0.16 88.6 C5' 296 0.2 7.57 13]D 0.64 0.99 ]]]D 33,90 16.8 D04 27.5 1.28 CAS 100 Wait 02 6.4 100.0 0.61 0.61 57.36 26.31 0.28 0.03 22.6 1.16 0.31 ".95 Sediment quality guidelines and regional summer values ERM' NIA 10 NIA NIA 9.60 370 270 21B 070 51.6 NIA 3.70 410 Blghf08 AM Middle shelf' NIA 6.1 WA 0.30 0.32 31 10.7 7.8 0.05 12 0.72 0.24 46 BighfO8 AM Outer she8 s NIA 6.1 WA 0.19 0.47 36 12.3 9.1 0.05 17 0.54 0.25 52 BIghfG8 AM Upper slope' NIA 8.8 WA 0.29 140 68 22.8 15 0.09 29 1.60 1.60 79 Bolded station value indicates ERM eneedance. Abbreviations:DID=Zane of Initial Duman,AWM=Area Weighted Mean,ND=Not Deteued,WA=Not Applicable. 'Long el al(1995). 'SchiR at at(2011). 2.13 Table 2-5. Physical properties and organic contaminant concentrations of sediment samples collected at each semi-annual station in Winter 2015 compared to Effects Range-Median (ERM)values and regional measurements. Depth Total LAB Median Fines TOG Sulfides Total P Total N Total PAH Total DDT Total Pest Total Station pa) (V91k9) PM 19) I ) (mglkg) (mglkg) (mglkg) (Vglk9) (Vglkg) (Vglk9) CB (Rglk9) Middle shelf Zone 2,Nond[D(51.90 m) 1 56 NA 3.61 23.9 0.35 5.15 low 330 65.2 2.31 ND 4.03 3 60 NA 3.43 16.3 0.36 2.12 950 280 48.4 1.18 ND 0.39 5 59 NA 3.72 29.7 0.36 1.41 970 290 44.8 2.08 ND 1.71 9 59 NA 3.34 15.4 0.34 4.74 820 260 42.3 1.36 ND 0.19 12 50 NA 3.26 14.0 0.30 2.71 760 220 32.4 1.80 ND 0.21 68 52 NA 3.76 32.7 0.40 8.04 low 400 118.4 1.79 ND 3.22 69 52 NA 3.54 22.3 0.36 3.60 950 300 41.1 2.04 ND 14.27 70 52 NA 3.61 24.1 0.41 13.70 940 280 34.1 1.84 ND 3.78 71 52 NA 3.39 14.3 0.32 7.73 970 250 30.1 1.06 ND 14.64 72 55 NA 3.57 22.5 0.35 1.19 low 330 84.4 1.50 ND 0.82 73 55 NA 3.40 13.1 0.44 3.27 13M 340 527.9 3.48 ND 19.89 74 57 NA 3.41 16.4 0.34 3.26 870 310 98.0 1.34 ND 0.90 75 60 NA 3.42 15.2 0.37 13.50 860 330 20.8 1.24 ND 0.64 TT 60 NA 3.38 14.7 0.28 6.34 930 310 16.8 1.20 ND 0.38 78 63 NA 3.38 13.7 0.28 10.70 860 240 96.8 1.07 ND ND 79 65 NA 3.62 22.1 0.33 2.39 930 350 35.6 2.01 ND 1.04 80 65 NA 3.71 31.1 0.31 1.33 980 250 19.1 1.93 ND 0.88 81 65 NA 3.48 18.4 0.29 2.81 930 300 23.9 1.81 ND 0.61 82 65 NA 3.42 16.8 0.30 3.20 870 260 14.5 1.13 ND ND 84 54 NA 3.47 16.8 0.36 8.80 low 350 61.1 1.57 36.26 3.20 85 57 NA 3.36 11.0 0.43 9.12 low 290 152.4 2.12 ND 7.64 06 57 NA 3." 14.3 0.38 8.86 920 370 78.4 1.84 ND 2.85 81 60 NA 3.43 16.6 0.30 3.78 930 310 78.6 1.09 ND 1.13 C 56 NA 3A5 20.9 0.34 ND 980 420 456 132 NO ND CON 59 NA 358 232 0,32 7.69 940 300 513 2,11 ND ND Mean NIA 3.0 19.2 0.34 5.64 946 307 74.5 1.0 1.45 3.3 Middle shelf Zone 2,WlthInZID(51-90 ell 0 56 NA 3.27 9.1 0.45 6.01 1900 280 69.5 2.83 ND 29.36 4 56 NA 339 15u 0,37 3A7 900 260 59A 121 NO ND 16 58 NA 3.43 182 0.40 12.40 940 250 60.1 1.39 ND 1.54 ZB 56 NA 3.45 18.3 0.38 8.01 930 390 49.5 1.08 ND 1.58 Mean NIA 3.38 15.2 0,10 7.47 ills 295 59.6 1.0 ND 8.12 Sediment quality guidelines and regional summer values ERM NIA NIA NIA NIA NIA NIA NIA 44,792 46A0 NIA 180 Blght'08AWM NIA WA 46.8 1 WA WA NIA 179 16 NIA 13 Middleshelf' Abbreviations:ZID=Zone of Initial Dilution.AM=Area WelgFBed Mean.ND=Not Deluded.NA=Not Analyzed.N/A=NMAppllcable. 'Long at al.(1995). 'Schiff of al.(2011), 2.14 Table 2-6. Metal concentrations(mg/kg)in sediment samples collected at each semi- annual station in Winter 2015 compared to Effects Range-Median (ERM) values and regional measurements. Station Deplh(m) Sb As Be Be Cd Cr Cu Pb Hg Ni Se A9 Zn Middle shelf Zone 2,NonZID(51-90 m) 1 56 0.1 2.25 37.3 0.27 0.37 23,20 1190 5.76 0.02 10.7 0.38 0.2E 43.4 3 60 0.1 2.33 36.7 0.28 0.26 43.80 10.10 5.45 0.06 15.4 0.37 0.16 43 5 59 NO 2.81 39.6 0.26 0.28 24.00 1100 5.0 D.04 10.7 0.38 0A8 44.7 9 59 NO 2.70 26.7 0.23 0.21 35.90 7.75 4.65 0.01 18.2 0.29 0.09 36 12 58 NO 2.27 30.0 0.23 0.20 30.50 7.52 4. 3 0.01 15.5 0.31 0.10 36.5 68 52 NO 2.97 42.8 0.26 0.30 29.60 1180 5.98 0.05 14.3 0.39 0.20 44.7 69 52 0.1 3.36 33.9 0.25 0.29 37.20 9.77 5.46 0.02 20.1 0.32 0.15 42.3 70 52 0.1 3.11 39.8 0.27 0.31 2)]0 9.24 5.39 0.02 13.4 OAO 0.14 41.1 71 52 0.1 3.00 34.2 0.28 0.33 34.90 8.34 4.21 0.03 18.3 0.38 0.11 38.7 12 55 0.1 2.86 37.0 0.27 0.29 41.20 1100 5.28 0.02 23.2 0.42 0.19 40.2 73 55 0.1 3.11 34.1 0.25 0.57 33.00 15.70 5.74 0.02 15.3 0.31 0.22 47.4 14 57 NO 2.70 33.5 0.23 0.34 22.80 9.71 4.75 0.02 9.6 0.M 0.15 42.9 15 60 0.1 2.79 W.0 0.29 0.36 25.40 8.70 4.31 0.01 13.2 0.38 0.11 42.4 ]] 60 0.1 2.43 33.9 0.31 0.28 20.80 9.17 4.80 0.01 9.5 0.36 0.13 41.8 78 63 NO 2.14 31.3 0.26 0.23 35.30 8.53 4.25 0.01 17.9 0.35 0.1E 38.3 79 65 NO 2.45 36.8 0.28 0.22 42.70 10.10 4.78 0.06 23.7 0.35 0.13 44.2 80 65 NO 2.52 39.2 0.31 0.21 22.00 10.30 5.52 0.01 11.2 0.33 0.11 45.4 81 65 0.1 2.26 38.1 0.28 0.21 21.30 8.97 4.54 0.01 9.0 0.35 0.13 42.3 82 65 NO 2.44 31.8 0.30 0.17 29.70 7.63 3.92 0.01 16.9 0.40 0.08 39.3 84 54 0.1 2.66 35.0 0.27 0.46 39.10 13.10 5.41 0.03 20.1 0.41 0.22 45.4 85 57 NO 2.44 33.1 0.26 0.43 24.50 11.70 5.04 0.02 10.4 0.39 0.21 48.3 86 57 NO 2.83 33.9 0.25 0.41 48.00 12.20 5.26 0.02 24.7 0.36 0.20 44.6 87 60 NO 2.65 29.2 0.27 0.24 30.30 9.42 4.78 0.02 14.9 0.34 0.12 44.3 C 56 0.1 2.58 43.5 0.25 0.21 50.40 9.38 5.46 0.02 20.5 0.36 0.11 41.7 CON 59 0.1 2.67 43.5 0.28 0.20 37,00 8.73 5.43 0.01 21.0 0.43 0A0 39.6 Mean 0.1 2.0 35.6 0.27 0.30 112,41 10.W 5.05 0.02 15.9 0.30 0.15 42.0 Middle shelf Zone 2,WIthlnZID(51-90 m) 0 56 0.1 3.37 35.9 022 0.70 27.20 17,00 106 0.03 11.8 0.38 0.22 489 4 56 0.2 2.46 32.5 0.26 0.24 33.60 8.64 4.59 0.06 16.2 0.37 0.11 39.7 96 58 NO 2.21 34.9 0.29 0.29 90.40 11.10 4.60 0.02 35.0 0.36 0.16 44.8 ZB 56 NO 259 34.9 026 034 34.]0 995 452 005 174 034 0.14 435 Mean 0.1 2.06 34.6 0.27 0.39 48A8 11.67 6.08 0.04 20.1 Cell 0.16 44.22 Sediment quality guidelines and regional summer values ERM NIA 10 NIA NIA 960 370 270 218 0,70 51.6 NIA 3.7 410 Bght(At AWM Middle shelf' NIA 6A NIA 0.30 032 31 10.7 7.8 0,05 12 0.92 0.24 46 Atabreviations2ID=Zone of Initial Common,AWM=Area Weighted Mean,NO=Not Defaced,WA=Not Applicable. Long st al.(1995). •Schiff at at,(2011). 2.15 Table 2-7. Whole-sediment Eohaustorius estuarius(amphipod)toxicity test results for 2014-15. Station %Survival %of home p-value Assessment home* 100 N/A N/A N/A 0 94 94 0.28 Nontoxic 1 96 96 0.11 Nontoxic 4 96 96 0.28 Nontoxic 72 99 99 0.75 Nontoxic 73 98 98 0.52 Nontoxic 76 97 97 0.28 Nontoxic 77 100 100 0.91 Nontoxic CON 95 95 0.75 Nontoxic ZB 98 98 0.52 Nontoxic ZB Dup 97 97 0.28 Nontoxic home sediment represents the control. N/A=Not Applicable. the 2014-15 period (Tables B-7 and B-8). The mean species richness, species diversity (H'), and Simpson's Diversity Index (SDI) for EMIs at non-outfall stations were lower than from other stations in both surveys (Table 2-10). Large numbers(>1,000)of Lytechinus pictus(sea urchin), Ophiura luetkenii(brittlestar), and Sicyonia penicillata (shrimp)at non-outfall Stations T23, T17, and T11 contributed to the low species richness, H', and SDI values (Tables B-7 and B-8). These 3 species accounted for 89% of the total abundance and 55% of the total biomass. Nevertheless, community measure values at each non-outfall station, including those at all other stations, were within District historical ranges (Table 2-10). Multivariate analyses (non-metric multidimensional scaling (nMDS) and cluster analyses) of the EMI species and abundance data revealed that the EMI community composition was similar between outfall and non-outfall stations in both surveys (Figure 2-6). This suggests that the outfall discharge had an overall negligible effect on the EMI community structure within the monitoring area. Based on these overall results, we conclude that the EMI communities within the monitoring area were not degraded by the outfall discharge, and consequently, compliance was met. Fish Communities A total of 34 fish taxa, comprising 7,162 individuals and a total weight of 232.1 kg, were collected from the monitoring area during the 2014-15 trawling effort (Tables B-9 and B-10). The mean species richness, abundance, biomass, H', and SDI values of demersal fishes were comparable between outfall and non-outfall stations in both surveys, with values falling within historical ranges (Table 2-11). More importantly, the fish communities at outfall and non-outfall stations were classified as reference condition based on their low (<45) mean fish response index (FRI) values in both surveys. Multivariate analyses (nMDS and cluster analyses) of the demersal fish species and abundance data further demonstrated that the 2.16 Table 2-8. Summary of infaunal community measures for each semi-annual&annual (e)station sampled during the Summer 2014 benthic survey, including regional and District historical values. Station Deptb(m) Total No. Total N' SDI IT! BRI of Species Abundance Middle ahalf Zone 1(31.50 m) 7' 41 99 391 4.11 34 89 17 8' 44 121 455 4.14 41 79 15 21- 44 129 473 4.26 45 85 12 22 45 78 193 3.92 32 86 11 30' 46 95 200 3.96 35 01 14 se. 45 97 359 3.37 26 79 19 55, 40 140 820 4.25 40 81 15 59' 40 117 481 4.17 40 89 12 Mean 110 433 4.02 37 M Middle shelf Zone 2,Non-ZID 151-90 no 1 56 93 545 3.25 17 71 18 3 60 103 533 3.54 25 74 22 5 59 82 459 3.37 21 75 15 9 59 75 376 3.43 23 75 19 to- 62 72 399 2.93 14 72 17 12 58 116 497 4.00 37 78 16 13' 59 83 277 3.62 30 78 10 37' 58 100 312 3.96 39 86 15 68 52 105 592 3.61 26 75 18 69 52 121 5% 3.61 29 72 19 70 52 101 542 3.N 18 75 18 71 52 118 585 3.68 30 60 18 72 55 78 429 3.00 17 72 17 73 55 104 573 3.50 23 71 23 74 57 103 475 3.53 26 77 19 75 60 92 447 3.39 22 74 20 77 60 77 325 3.39 23 75 14 78 63 69 319 3.60 30 77 20 79 65 94 518 3.33 21 73 16 80 65 68 359 3.13 14 76 16 81 65 93 402 3.30 19 73 16 82 65 84 370 3.49 23 75 21 84 54 103 632 3.22 19 70 17 85 57 98 378 3.73 28 73 21 86 57 96 391 3.67 30 71 18 87 60 99 521 3.55 26 73 20 C 58 100 392 3.81 33 00 14 C2' 56 40 142 3.28 16 63 40 CON 59 107 434 4.01 34 77 14 Mean 93 M1RW 25 75 is Middle shelf Zone 2,Within-ZID(51-90 no 0 56 89 462 3,25 17 67 23 4 56 92 453 3,51 23 77 21 76 58 96 452 3,60 25 74 22 ZB 56 88 521 3,19 16 70 23 Mean 91 472 3.39 21 72 22 Table 2-8 continues. 2.17 Table 2-8 continued. Sta0on Depth(m) Total No. Total N. SDI ITI SRI of Species Abundance Middle shelf Zone 3(91-120 m) 17' 91 93 413 330 26 77 16 18- 91 96 399 333 26 82 13 20' 100 90 357 3A4 29 86 17 23' 100 98 488 332 25 81 19 29' 100 97 257 333 30 92 15 33' 100 87 271 4.05 35 78 21 38' 100 96 382 4.01 34 82 22 58' 100 99 351 4A6 37 84 25 60' 100 92 232 3.80 30 93 18 83' 100 94 373 384 28 86 15 90 352 3.85 30 Outer shelf(121-200 m) 24- 200 43 114 3.43 20 Sul 23 25- 200 50 % 3.59 28 79 22 27' 200 64 227 3.50 21 74 19 39' 200 56 292 3A6 13 12 25 1. 200 31 50 3.26 20 59 31 61' 200 40 86 3.38 20 64 21 63' 200 44 102 3.40 21 71 27 6V 200 43 182 2.59 13 69 26 C4' 187 23 62 2.50 8 56 39 Mean 44 135 3.20 18 63 a Upper slope/Canyon(201-500 m) 40' 303 34 91 3.17 13 NIA N/A 41' 303 31 79 2A7 12 NIA N/A 42' 303 30 91 2A6 12 NIA N/A 44' 241 20 46 2.69 9 NIA N/A 58' 300 26 49 Las 15 NIA N/A 62' 300 23 34 2.95 15 NIA N/A 64' 300 26 48 2.90 15 NIA N/A CS' 296 29 78 2.72 11 NIA N/A 21 65 2.90 Regional values[mean(range)]1 Bight 08 Middle shelf 99(30.153) 393(79-1159) 3.83(2.824.32) 31(13 8) NC 15(2-26) fthl Outer shell 62(2]-12]) 190(43-532) 3.52(2.934.19) 24(12d1) NC 15(-2J3) Bigh=Upper slope 26(Mg) 70(13-258) 2.72(1]1-3.83) 11(4-28) N/A NIA District historical summer values(2004-2014 Fiscal Years)[mean(range)] Middle Shelf Zonel 113(6-156) 451(11-818) 4.00)1.42A.46) 35(4-51) 83(67-95) 11(8-23) Middle shelf are 2,Wi6iin-ZID 90(33-138) 538(211-1491) 3.39(0.364.00) 22(1a ) 45(1-83) 30(13-52) Middle shelf Zone 2,Norl 101(29-143) 444(145-629) 3.80(2.293.42) 30(552) 75(1-96) 20(10-5]) Middle shelf Zone 3 1N(67-146) 543(111A82) 3.78(3.04-4.23) 27 D"2) 82(65-91) 18(13-26) Outer she0 48(23-80) 145(41-367) 3.33)2.58-3.95) 20(932) R(42-100) 22(14-36) Upper slope/Canyon 28(14 9) 67(19-165) 2.91(2.31-3.43) 13(7-22) 69(33-1 00) 24(1342) t6ounes:Ranasmghe of ai_(2012) Abbreviations:➢D=Zone of nitial Dilution,N/A=Not Applicable,NC=Not Calmlaled. 2.18 Table 2-9. Summary of infaunal community measures for each semi-annual station sampled during the Winter 2015 benthic survey, including regional and District historical values. Station Depth(in) Total No. Total N' SDI ITI BRI of Species Abundance Middle shelf Zone 2,Nan-ZID(51-0 m) 1 55 59 152 3.64 26 83 18 3 60 72 278 3.51 23 78 19 5 59 61 247 3.52 22 85 20 9 59 72 231 3.52 24 75 16 12 58 TB 281 3.58 27 n 13 68 52 94 325 4.00 35 93 13 69 52 74 247 3.79 26 88 18 70 52 84 343 3.71 26 S8 17 71 52 69 239 3.63 23 90 13 72 55 55 206 3.17 tT TB 17 73 55 TT 292 3.61 25 74 22 74 57 60 263 3.28 19 76 16 15 60 68 280 3.50 19 83 17 TT 60 65 232 3.54 23 78 17 78 63 71 199 3.65 25 SO 18 79 65 74 343 3.36 21 78 13 80 65 78 335 3.63 25 81 14 81 55 14 263 3.40 23 15 16 82 65 TO 252 3.68 25 79 14 84 54 75 294 3.76 28 79 19 85 57 71 280 3.46 22 78 20 86 57 62 229 3.37 18 86 20 87 60 84 270 3.69 31 18 18 C 56 95 313 4.01 35 85 19 CON 59 67 202 3.61 24 82 13 Mean 72 2" 3.58 81 17 Middle shelf Zone 2,Within-ZID 151-91)m) 0 56 81 374 3.41 19 73 23 4 56 72 251 349 23 79 19 76 SO 84 314 3.49 25 76 20 ZB 56 71 274 3.39 18 79 20 Mean TT 303 3.45 Regional values[mean(range)]t Bight'08 Middle shelf 99(30-153) 393(79-1159) 3,83(2824.32) 31(1348) NO 15(2-26) District historical winter values(20042014 Fiscal Years)[mean(range)] Middle shag Zone 2,Non-ZID 94(45-142) 370(157-634) 3,78(2874.32) 29(948) 76(47-95) 19(1046) Middle shelf Zone 2,Within-ZID 85(35-128) 424(142-1230) 3.39(0.894.04) 22(1-39) 46(3-84) 29(1645) t Source:Rem ingM1e at e1.(2012). Abbreviatams:ZID=Zone of Initial Clinic,NO=Not Calculated. 2.19 2D Stress: 0.26 ow Similarity o+v • 49.5 ]ss a ze-w 83 e e ]B.W ]S. ♦ OS B3 W• • ]C-W ♦ • eSOW IS ess •]4s • ]o-w else ]zav ]S$SO • ] ]13 84-w a ]1M' 93e 70-1 ISB.W SO SO CON$ 4: 87- e 0.W • 123e 883 81-W saw Bam 81 5 SO SO • 13 ]83 12M 823• Oil s 3M UM"M 1.W 985• e e • 73-W SN' Sy 80W • e SOS e • 78'w SO SO ns w SO IS pEN u VW ■ Non-ZID e Within-ZID e 40 ■ Non-ZID Within-ZID so 0 D m E rn so-- too- •eee�eeeueeueeeueee♦••elueeu••e a♦e ueeeueee•eeeuee "��m���'?m2�"lm��Y�x"lmYm�"dmX���YBry°d„"dr�w;damsa�,aa0e3�pp�«aa�m�cros*m Stations Figure 2-5. Non-metric multidimensional scaling(MDS) plot(top panel)and dendrogram (bottom panel)of the infauna collected at within-and non-ZID stations for the Summer 2014(S) and Winter 2015(W) benthic surveys. Stations connected by red lines in the dendrogram are not significantly differentiated based on the SIMPROF test. The 5 main clusters formed at a 49.5%similarity level on the dendrogram are superimposed on the MDS plot. 2.20 Table 2-10. Summary of epibenthic macroinvertebrate community measures for each semi-annual and annual (*) station sampled during the Summer 2014 and Winter 2015 trawl surveys, as well as District historical values. Season Station Nominal Total No. Total Abundance Biomass H' SDI Depth(m) of Species (kg) Middle she"Zone 1 (31-50 m) T2` 35 10 74 0.13 1.8 4 T24 36 18 182 0.89 1.8 3 T6' 36 11 105 0,21 is 4 T18' 36 12 129 0,33 1.1 2 Mean 13 123 0.39 1.6 3 Middle shelf Zone 2,Non-outfall(51-90 m) T23 58 12 392 0.80 0.9 2 T12 57 8 150 0.45 0.8 1 T17 60 9 2431 470 0.1 1 T11 60 14 2498 3,54 0.3 1 Summer Mean 11 1368 2.37 0.5 1 Middle shelf Zone 2,Oufall(51-90 m) T22 60 15 182 0.67 1.9 4 Ti 55 13 114 0,80 1A 2 Mean 14 148 0.73 1.7 3 Outer shelf(121-200 m) T10' 137 15 194 11,91 1.2 2 T25' 137 11 81 0.57 1.4 3 T14' 137 12 124 1.91 1.4 2 T19' 137 11 188 2,01 1.2 2 Mean 12 147 4.10 1.3 2 Middle shelf Zone 2,Non-ou"all(51-90 m) T23 58 12 1378 11.16 0.3 1 T12 57 9 27 0,61 1.8 4 T17 60 6 2221 1,90 0.2 1 T11 60 9 2011 1,71 02 1 Winter Mean 9 1409 3.84 0.6 2 Middle shelf Zone 2,Outfall(51.90 m) T22 60 13 405 2,45 1.1 2 Ti 55 10 59 0.19 1.6 3 Mean 12 232 1.32 1A 3 District historical values(2004-2014 Fiscal Years)[mean(range)]r Middle shell Zone 1 15(426) 413(33-2592) 1.12(0,06 4.16) 15(0.1-2.2) 3(16) Middle shelf Zone 2,Non-oudall 16(s t5) 388(18-2567) 3.24(0.12-26.33) 1.5(0.4-2.8) 3(1-10) Middle shelf Zone 2,Coitall 15(9-24) 981(55-6860) 3.66(0 if-9.89) 1.4(0.2-2.1) 3(15) Outer shelf 12(S22) 271(37-999) &W(0.10-26.39) 1A(0.1-2.3) 2(15) t Summery steGalics ere based on date from all trawl surveys conducted behmen the 20 2014 FY 2.21 2D Stress: 0.16 Similarity ■ Non-outfall 42 ♦ Outfall ■T17S T11-W ■ T71-S ■ T22-S T1-S ♦ T1 W T12-W T23-S ♦ O T23-W T12-S ■ ■ T22-W T17-W ■ 20 ■ Non-outfall ♦ Outfall 40 0 60 E rn 80 100 H H ~ r r H F F H F F Stations Figure 2-6. Non-metric multidimensional scaling(MDS) plot(top panel)and dendrogram (bottom panel)of the epibenthic macroinvertebrates collected at outfall and non-outfall stations for the Summer 2014(S) and Winter 2015 (W)trawl surveys. Stations connected by red lines in the dendrogram are not significantly differentiated based on the SIMPROF test. The 3 mein clusters formed at a 42%similarity level on the dendrogram are superimposed on the MDS plot. 2.22 Table 2-11. Summary of demersal fish community measures for each semi-annual and annual (*)station sampled during the Summer 2014 and Winter 2015 trawl surveys, as well as the District historical values. Season Station Nominal Total No. Total Biomass H' SDI FRI Depth(m) of Species Abundance (kg) Middle shelf Zone 1 (31-50 m) T2` 35 12 127 4.95 1.9 5 22 T24 36 12 177 4.52 2.0 5 26 T5` 36 10 221 3.19 1.7 4 20 T18' 36 12 281 5.46 1.6 3 24 Mean 12 202 4.53 1.8 Middle shelf Zone 2,Non-outfall(51-90 m) T23 58 14 235 14.32 1.5 3 28 T12 57 20 574 14.12 1.8 3 28 T17 60 11 276 10.68 1.9 4 23 T11 60 13 419 683 1.8 4 21 Summer 15 376 11.49 1.8 4 25 Middle shelf Zone 2,Oudall(51-90 m) T22 60 15 247 11.18 1.7 3 26 Ti 55 15 445 21.00 1.9 3 32 Mean 15 348 16.09 1.8 3 29 Outer shelf(121-200 m) T70' 137 21 511 17.99 1.7 2 13 T25• 137 13 674 18.72 1.0 1 12 T14• 137 18 552 16.67 1.6 4 14 T19' 137 19 690 22.74 1.5 3 15 Mean 18 607 19.03 1.5 T 3 14 Middle shelf Zone 2,Non-oudall(51-90 m) T23 58 13 301 11.41 1.5 3 20 T12 57 14 282 12.87 1.9 4 20 T17 60 12 202 8.84 1.6 3 22 T11 60 14 267 9.29 1.5 2 24 Winter 13 283 10.80 1.8 3 22 Middle shelf Zone 2,Oudall(51-90 m) T22 60 13 396 10.62 1.5 2 21 T1 55 13 285 6.74 1.6 3 18 Mean 13 341 8." 1.6 District historical values(20(4-2014 FY)[mean(range)[ Middle shelf Zane 1 14(&17) 456(148.1132) s"(3.82-20 73) 1,7(l.2.2) 3(2.6) 22(1&26) Middle shelf Zane 2,Noruufvl 18(11-28) 1394(155-15Tr2)31.91(4.98-163.87) 1.8(0.2-2.3) 4(1L) 24(1439) Middle shelf Zane 2,Oudall 17(12-24) 1196(218L186) 51.25(8.59-168.92) 1.8(1-2.1) 4(1-5) 24(18­37) Outer shelf 18(13-26) 1053(3134874)29.18(5.12-125.46) 1.5(0.7-1.9) 3(13) 15(2-34) t Summary statistics are based on data from all trawl surveys concluded heti the 20N-2014 FY. 2.23 fish communities were similar between the outfall and non-outfall stations (Figure 2-7). These results indicate that the outfall discharge had no adverse effect on the demersal fish community structure within the monitoring area. We conclude that the demersal fish communities within the monitoring area were not degraded by the outfall discharge, and thus, compliance was met. FISH BIOACCUMULATION AND HEALTH Demersal Fish Tissue Chemistry In 2014-15, muscle and liver tissue contaminant concentrations in the target species (Hornyhead Turbot and English Sole) were generally similar between outfall and non- outfall stations, and all muscle tissue contaminant values were well below federal and state human consumption guidelines (Table 2-12). The mean total PCB (tPCB) concentration in English Sole liver at the non-outfall station slightly exceeded the state advisory tissue level. All other liver contaminant values were below both state and federal levels (Table 2-12). Elevated tPCB values in fish livers are not unexpected as high interannual and interspecies variability of certain contaminants, including tPCB, have been documented in the District's monitoring area since July 2004 (OCSD 2014). Furthermore, PCB is a bioaccummulative legacy contaminant found in marine sediments throughout the SCB due to historical POTW discharges that occurred until the early 1970s (Schiff 2000). Overall, there is no outfall- related trend of increased contaminant levels in fish muscle or liver tissue. These results demonstrate that the outfall is not an epicenter of disease due to the bioaccumulation of contaminants in fish tissue. Sport Fish Muscle Chemistry All fish muscle tissue contaminant levels at both zones were well below federal and state human consumption guidelines(Table 2-13). These results, in tandem with the demersal fish tissue chemistry results, indicate there is little risk from consuming fish from the monitored areas and compliance was achieved. Fish Health Fishes appeared normal in both color and odor in 2014-15, thus compliance was met. Furthermore, less than 1% of all fishes collected showed evidence of irregularities. The most common irregularity was the presence of the eye parasite Phrixocephatus cincinnatus on the Pacific Sanddab (Citharichthys sordidus), which occurred in 1% of the examined fish. These results are comparable to background levels found within the Southern California Bight (Perkins and Gartman 1997) and do not indicate a degraded biota. CONCLUSIONS In summary, California Ocean Plan criteria for water quality were met. Bacterial standards were achieved at offshore stations. Sediment quality was not degraded by excessive loading of measured chemical contaminants or by physical changes to the sediment from the discharge of wastewater solids. This was corroborated by the absence of sediment toxicity 2.24 2D Stress: 0.11 Similarity ■ Non-outfall — 72 ♦ Outfall T11S T17-S ■ T17-W T*W • T11-WV T12-W T22-W -S T23-W • 3-S ■ Non-outfall 70 ♦ Outfall 75 80 85 in 90 95 100 t? r? rn r2 r? rn 3 3 3 3 3 3 Stations Figure 2-7. Non-metric multidimensional scaling (MDS) plot(top panel)and dendrogram(bottom panel)of the demersal fishes collected at outfall and non-outfall stations for the Summer 2014(S)and Winter 2015(W)trawl surveys. Stations connected by red lines in the dendrogram are not significantly differentiated based on the SIMPROF test. The 2 main clusters formed M a 72%similarity level on Me dendrogram are superimposed on the MDS plot. 2.25 C 9Y O Q z z I O 2 Z o v 2 2 2 m 9 L m a _ c oo z Z z z p O z o 0 W FLa O'o O' o -j Z � U V O N m ^ N ^ N N p N y N v Z O O L O a �- C z NN Nr Op O pO SIN'' OM �N � N N a F O v O U y 2'—w � ry on � o Na ryo 00 0o m o A noo e a Y3 ,4o cg od d e C .gym E O o, 0 a O Y p Z Z a UJ O O � N a J _ m ? v c � c a ®E F m Q E e C U - Ym 0 = rc c z z z z z v 0 c Z o O z o > > - E N O z E Egg Z `a N me my L u. N 0. E Qmt Z. `oa a o r aU a � aW a > 2.26 |i , z z z ; « { !)\ 2 ; 2 ; ! ! ) ! §} h} ] \ §} \( § ; !} ; \ \ ) \\ 9 )\ Z z in controlled laboratory tests and the presence of normal infaunal communities throughout the monitoring area. Fish and trawl invertebrate communities in the monitoring area were healthy and diverse, and federal and state fish consumption guidelines were met. Altogether, these results indicate that the receiving environment was not degraded by the discharge of the treated wastewater, all permit compliance criteria were met, and environmental and human health was protected. 2.28 REFERENCES Allen, M.J., R.W. Smith, E.T. Jarvis, V. Raco-Rands, B.B. Bernstein, and K.T. Herbinson. 2005. Temporal trends in southern California coastal fish populations relative to 30-year trends in oceanic conditions. In: Southern California Coastal Water Research Project Annual Report 2003-2004 (S.B. Weisberg - Ed.). Southern California Coastal Water Research Project, Westminster, CA. p.264-285. Chavez, F.P., J.T. Pennington, C.G. Castro, J.P. Ryan, R.P. Michisaki, B. Schlining, P. Walz, K.R. Buck, A. McFadyen, and C.A. Collins. 2002. Biological and chemical consequences of the 1997-1998 El Nino in central California waters. Prog. Oceanogr. 54:205-232. Hsieh,C.,C.Reiss,W.Watson, M.J.Allen,J.R.Hunter, R.N. Lea, R.H.Rosenblatt, P.E.Smith,and G. Sigihara. 2005. A comparison of long-term trends and variability in populations of larvae of exploited and unexploited fishes in the southern California region:A community approach. Prog. Oceanogr. 67:160- 185. Jarvis, E.T., M.J.Allen, and R.W. Smith. 2004. Comparison of recreational fish catch trends to environment- species relationships and fishery-independent data in the Southern California Bight, 1980-2000. CaICOFI Rep.Vol. 45. Long, E.R., D.D. McDonald, S.L. Smith, and F.C. Calder. 1995. Incidence of adverse biological effects within ranges of chemical concentrations in marine and estuarine sediments. Envimn. Manage. 19:81-97. OCSD(Orange County Sanitation District). 1996a. Science Report and Compliance Report,Ten Year Synthesis, 1985-1995. Marine Monitoring. Fountain Valley, CA. OCSD. 1996b. Water Quality Atlas. Ten-Year Synthesis, 1985-1995. Marine Monitoring. Fountain Valley,CA. OCSD. 2004a. Annual Report, Compliance Report, July 2002-June 2003. Marine Monitoring. Fountain Valley, CA. OCSD. 2004b. Annual Report, Science Report, July 2002-tune 2003. Marine Monitoring. Fountain Valley, CA. OCSD. 2013.Annual Report, July 2011-June 2012. Marine Monitoring, Fountain Valley, CA. OCSD. 2014. Annual Report, July 2012-June 2013. Marine Monitoring. Fountain Valley, CA. OCSD. 2015. Annual Report, July 2013-June 2014. Marine Monitoring. Fountain Valley, CA. Perkins, P.S. and R. Gartman. 1997. Host-parasite relationship of the copepod eye parasite (Phrixocephalus cincinnatus) and Pacific sanddab (Citharichthys sordidus) collected from wastewater outfall areas. Bull. Southern Calif.Aced Sci. 96:87-104. Ranasinghe,J.A., K.C.Schiff,C.A. Brantley,L.L. Lovell, D.B.Cadien,T.K. Mikel, R.G.Velarde,S. Holt,and S.C. Johnson. 2012. Southern California Bight 2008 Regional Monitoring Program:VI.Benthic Macrofauna. Southern California Coastal Water Research Project. Costa Mesa, CA. Schiff, K.C. 2000. Sediment chemistry on the mainland shelf of the Southern California Bight. Mar. Poll. Bull. 40:268-276. Schiff, K., R. Gossett, K. Ritter, L. Tiefenthaler, N. Dodder,W. Lao, and K. Maruya, 2011. Southern California Bight 2008 Regional Monitoring Program: III. Sediment Chemistry. Southern California Coastal Water Research Project, Costa Mesa, CA. Wilber, D.H. and D.G. Clarke. 2001. Biological effects of suspended sediments: A review of suspended sediment impacts on fish and shellfish with relation to dredging activities in estuaries. No.Am. J. Fish. Manage. 21:855-875. 2.29 This page intentionally left blank. STRATEGIC PROCESS STUDIES AND REGIONAL MONITORING Chapter 3 Chapter 3 STRATEGIC PROCESS STUDIES AND REGIONAL MONITORING INTRODUCTION The Orange County Sanitation District (District) operates under the auspices of a National Pollutant Discharge Elimination System (NPDES) permit issued jointly by the United States Environmental Protection Agency (EPA) and the State of California Regional Water Quality Control Board (RWQCB) (Order No. R8-2012-0035, NPDES Permit No. CA0110604) in June 2012. The permit requires the District to conduct an ocean monitoring program (OMP) that documents the effectiveness of the District's source control and wastewater treatment operations in protecting coastal ocean resources and beneficial uses. Part of the codified OMP is a requirement to conduct Strategic Process Studies (SPS) and to participate in regional monitoring programs. In addition, the District performs special studies, which are generally less involved than SPS and have no regulatory requirement for prior approval or level of effort. SPS are designed to address unanswered questions raised by the Core monitoring program results or they may focus on issues of interest to the District, such as the effect of contaminants of emerging concern (CECs) on local fish populations. Some SPS are enumerated in the NPDES permit. Other SPS are proposed and must be approved by state and/or federal regulators to ensure proper focus and level of effort. For the 2014-15 program year, no SPS were conducted. Regional monitoring studies are those not focused solely on the District's monitoring area, but which sample on larger areas of the Southern California Bight. These may include the"Bight" studies coordinated by the Southern California Coastal Water Research Project (SCCWRP) or studies conducted in coordination with other public agencies and/or non-governmental organizations in the region. Examples include the Central Region Kelp Survey Consortium and the Central Bight Water Quality Study. This chapter provides study overviews of recently completed and ongoing special studies and regional monitoring efforts. Unlike the other chapters in this report, these summaries are the most recent information available up to the publication of this report. In most cases, this information is also used in other chapters of this report to corroborate and supplement Core monitoring results. This chapter provides study summaries only and the projects described are not intended as comprehensive reports. Links to final study reports, if available, are listed under each section below. 3.1 REGIONAL MONITORING Regional Nearshore (Surfzone) Bacterial Sampling The District is a partner with the Orange County Health Care Agency (OCHCA), the South Orange County Wastewater Authority (SOCWA), and the Orange County Public Works (OCPW) in the Ocean Water Protection Program, a regional bacterial sampling program that samples 126 stations along 42 miles (67.5 km) of coastline (Seal Beach to San Clemente State Beach) and 70 miles (112.6 km) of harbor and bay frontage. In 2014, over 7,700 samples were collected regionally for 3 fecal indicator bacteria (FIB; total coliform, fecal coliform, and enterococci). OCHCA reviews bacteriological data to determine whether a station meets beach bathing water quality standards. Beach closures, postings, or health advisories are based on these results. The 2012/2013/2014 Triennial Ocean, Harbor, and Bay Water Quality Report provides a summary of bacteriological water quality for the county (www.ocbeachinfo. com). The report also describes year-to-year variability and trends representing the 15-year period (2000-2014) that Ocean Water-Contact Sports Standards (i.e., Assembly Bill 411)for bacteriological water quality have been in place. Afew of the county-wide report findings include: • The number of reported sewage spills was at an all-time low, with 12 consecutive years of decreasing spills. • The yearly average number(12) of beach closures due to sewage spills from 2012 to 2014 was 53% below the 16-year average (23). • The average number(25.3)of Beach Mile Days closures due to sewage spills was also below the 16-year average (28.7). • Total Beach Mile Days posted due to bacteriological standards violations during the AB411 period (April 1 to October 31) was at near record lows (35.4) and was 81% below the 15-year average of 182.5 days (2000 through 2014). Data from 18 of the 38 Regional stations sampled during 2014-15 by the District(Table B-11) were analyzed separately for comparison with the District's historical surIzone results. Table B-12 presents summary statistics for the remaining stations; a discussion of these data can be found on the OCHCAwebsite(www.ocbeachinfo.com). Results for the 18 District stations were similar to those of previous years (OCSD 2014, 2015). FIB counts at these stations varied by season, location, and by bacteria type. A general spatial pattern was associated with the mouth of the Santa Ana River. Seasonal geomeans and the percent of samples exceeding geomean and single sample standards all peaked near the river mouth and then tapered off upcoast and downcoast. Collectively, exceedance of the state single sample standard (AB411) was low, with less than 1% by total coliforms, slightly over 2% by fecal coliforms, and 5% by enterococci. 3.2 Central Bight Regional Water Quality Program The District is a member of a regional cooperative sampling effort known as the Central Bight Regional Water Quality Monitoring Program (Central Bight) with the City of Oxnard, City of Los Angeles, the County Sanitation Districts of Los Angeles, and the City of San Diego. Each quarter, the participating agencies sample a station grid that covers the coastal waters from Ventura County to Crystal Cove State Beach and from Point Loma to the United States—Mexico Border. The participants employ similarly equipped CTDs and comparable field sampling methods. When combined with the District's Core water quality program data, the Central Bight monitoring provides regional data that enhances the evaluation of water quality changes due to natural oranthropogenic discharges(e.g., stormwater)and provides a regional context for comparisons with the District's monitoring results. The Central Bight data also provides a link to other larger-scale regional programs,such as the California Cooperative Oceanic Fisheries Investigations (CaICOFI)and serve as the basis for the Bight'13 Nutrients sampling. Currently, the Central Bight group is working to develop closer ties to the CaICOFI program and District staff are working with the regional Southern California Coastal Ocean Observing System (SCCOOS)to develop quality assurance guidelines for submitting Central Bight data to SCCOOS that complies with the national Integrated Ocean Observing System (IOOS) guidelines. Bight'13 Regional Monitoring Since 1994, the District has participated in 5 regional monitoring studies of environmental conditions within the Southern California Bight (SCB): 1994 Southern California Bight Pilot Project (SCBPP), Bight'98, Bight'03, Bight'08, and Bight'13. The District has played a considerable role in all aspects of these regional projects, including program design, sampling, quality assurance, data analysis, and report writing. Results from these efforts provide information that is used by individual dischargers, resource managers, and the public to improve region-wide understanding of environmental conditions and to provide a regional perspective for comparisons with data collected from individual point sources. During the summer of 2013, District staff conducted field operations, ranging in area from Orange County south to Camp Pendleton in northern San Diego County and west to the southern end of Santa Catalina Island, as part of the Bight'13 sampling effort. Currently District staff is involved in final data submissions, data review, and report production for the Bight'13 project. Final reports for the Bight'13 project will be available in December 2017. Project documents, data, and reports on the previous studies are available on SCCWRP's website (http://sccwrp. org). Regional Kelp Survey Consortium— Central Region The District is a member of the Central Region Kelp Survey Consortium (CRKSC), which was formed in 2003 to map Giant Kelp (Macrocystis pyrifera) beds off Ventura, Los Angeles, and Orange Counties via aerial photography. The program is modeled after the San Diego Regional Water Quality Control Board, Region Nine Kelp Survey Consortium, which began in 1983. Both consortiums sample quarterly to count the number of observable kelp beds and calculate maximum kelp canopy coverage. Combined, the CRKSC and San Diego aerial surveys provide synoptic coverage of kelp beds along approximately 81% of the 270 miles (435 km) of the southern California mainland coast from northern Ventura County to 3.3 the United States—Mexico Border. Survey results are published and presented annually by MBC Applied Environmental Sciences to both consortium groups, regulators, and the public. Reports are available on the SCCWRP's website (http://kelp.sccwrp.org/reports.html) 2014 Central Region Results The number of kelp beds displaying canopy remained the same in the Central Region (24 of 26), however, the overall canopy cover decreased by nearly 24% from 2.2 mi2 (5.6 km2) in 2013 to 1.7 m12 (4.3 km2) in 2014. Four kelp beds had increased surface coverage (3- 59%), whereas 21 beds had decreased surface coverage (1-73%)and 1 bed had no change. However, total coverage in 2014 was still above the long-term (1965-2014) regional average of 1.6 mi2(4.1 km2) (MBC 2015). Consistent with previous results, most of the Central Region kelp beds reached their maximum extent in early summer. There was no evidence of any adverse effects on Giant Kelp resources from any of the region's dischargers. Rather, the Giant Kelp surveys of 2014 continued to demonstrate that most kelp bed dynamics in the Central region are influenced by the large-scale oceanographic environment, while micro-variations in local topography and currents can cause anomalies in kelp bed performances. Ocean Acidification Mooring Increased acidification of coastal waters is an issue that has become increasingly important along the west coast as reflected in its incorporation into the State of California Ocean Protection Council's (OPC) most recent 5-year strategic plan (OPC 2012). The acidity/ alkalinity(pH)of receiving waters is an important biologic parameter as it affects the solubility of calcium carbonate, a necessary building material for organisms with calcareous shells. Aragonite concentration is a conventional metric used to evaluate potential impacts to marine organisms with saturation values z1 considered necessary for calcium formation. Preindustrial surface pH has been estimated to be 8.16 and a pH value of 7.75 has been associated with an aragonite saturation of 1 (Orr at al. 2005, Feely et al. 2008, Bernie 2009, Bijma et al. 2009, Pelejero et al. 2010). Since 1985, 11% of pH samples collected by the District fell below 7.75, with a range of<1% (1989 and 1991)to 33% (1998) (Figure 3-1). Findings from the Bight'08 project showed that nutrients discharged from ocean outfalls off heavily urbanized regions were equivalent to natural nutrient sources(Howard et al.2012)and research has linked nutrients with increased coastal acidification (NOAA 2012). Additionally, Howard at al. (2012) showed that algal bloom intensity significantly increased over the last decade and algal bloom 'hotspots' were shown to be co-located with major anthropogenic sources and extended water residence times. These findings led to the inclusion of enhanced nutrient and pH monitoring in the SCB as part of the Bight'13 Nutrients program (SCCWRP 2013). Primary productivity and nutrient cycling (including oxygen demanding processes like nitrification) can have direct and indirect effects on the ecological condition of coastal waters. The California Ocean Plan (COP) establishes criteria for the amount of influence that anthropogenic wastewater dischargers are permitted to have on the ecological condition of coastal waters. These include criteria for nutrients ("shall not cause objectionable growth or degrade indigenous biota'), dissolved oxygen ("shall not be depressed by more than 10% of 3.4 40 35 30 2 c 5 m 2 20 d a 15 10 5 0 zz p i1 �j,'D,,prp p p ^AB 006�00�o��o�g9�i'a99919�i'ry999�9�99�9�9099A��9 ryO�ryC{�^ryCQryryCQ ryCS'ryCQ ryO�ryO�QOe'IO '10�'I�'�^`lOry`L `LO��^� Program Year Figure 3-1. Percent of pH values measured below 7.75(aragonite saturation=1)by the District by program year. Red hor¢ontal line represents the period-of-rawnd mean of 11%. that which would occur naturally"), and pH ("shall not be changed more than 0.2 pH units"). However, how anthropogenic nutrients influence each of these is not well understood and existing pH sensors are not sensitive or stable enough to measure small changes in pH. To address these issues, 4 Bight'13 participants (City of Los Angeles, County Sanitation Districts of Los Angeles, City of San Diego, and the District) worked collectively to design moored instrumentation platforms to measure pH, dissolved oxygen, and chlorophyll-a fluorescence. The District built and recently deployed (October 2015)an Ocean Acidification (OA) Mooring that measures temperature, salinity, dissolved oxygen, pH, and chlorophyll-a fluorescence at selected depths as well as currents throughout the water column. A more sensitive and stable pH sensor developed by the Monterey Bay Aquarium Research Institute (MBARI) in conjunction with Scripps Institution of Oceanography (SIO) is also being used on the mooring. Temperature is measured every 5 m of the water column from the surface to 70 m. With the exception of chlorophyll-a (sampled only at 35 m) the other physical factors are measured at the surface, 5 m, 35 m, and 60 m. The mooring is located downcoast and just offshore of the District's outfall. Data is stored internally and selected data is telemetered hourly to shore. SPECIAL STUDIES Cessation of Disinfection In 2002, the District began effluent disinfection with chlorine bleach followed by de- chlorination with sodium bisulfite. At that time, the District provided 50% secondary treatment, requiring the use of large quantities of bleach due to the high amount of solids in 3.5 the effluent. Beginning in 2006 the invertebrate community in the immediate area near the outfall pipe began changing in structure and had decreased community health index scores. The trend began slowly, but increased rapidly from 2008 to 2010. In 2009, stations as far as 0.6 miles (1 km) from the outfall pipe began showing change with a trend of decreased impact with increased distance from the outfall. This suggested the effluent discharge was the cause. Staff addressed this issue by conducting 10 individual studies over a 3-year period to determine the cause. Results showed that the District's use of large amounts of chlorine bleach for disinfection were creating toxic disinfection by-products that were the likely cause of the decline in the invertebrate communities. The District achieved consistent full secondary treatment of the wastewater in March 2011. This required approximately 10% of the 2002 bleach usage to meet operational goals. Ocean monitoring results from January 2012 found evidence of invertebrate community improvement at the affected permit-compliance stations near the outfall. By July 2012, all previously affected stations near the outfall had normal or near-normal communities. This recovery is likely due to the high quality of the secondary treated wastewater being produced, requiring a greatly reduced amount of chlorine in the treatment process. However, the disinfection by-products that caused the decline were still being produced by the use of chlorine bleach, though at a much reduced volume. Further, an examination of the beach and nearshore bacterial monitoring data showed no evidence that effluent disinfection had any effect on bacterial levels in human recreational areas. District staff recommended that the use of chlorination for effluent disinfection be discontinued based on the demonstrated potential for environmental harm and permit-compliance issues and evidence indicating that effluent disinfection does not provide increased human health protection on local beaches or other recreational zones. In anticipation of completion of all secondary treatment projects prior to 2012, the District initiated an evaluation of its disinfection practices by an Independent Advisory Panel (IAP)of experts hosted by the National Water Research Institute(NWRI). The IAP most recently met on March 26,2014. They reviewed and discussed the data and circumstances surrounding the use of disinfection by the District to protect public health and meet water quality standards. The IAP concluded, among numerous observations and recommendations, that: • The District's investigations indicate that the main source of FIB and potential pathogens are from birds,the Santa Ana River and Talbert Marsh, and groundwater and not from the diluted effluent plume. • Based on the District's water quality FIB data, collected during high-use periods, all health department standards have been met. • Continuing to chlorinate full secondary treated effluent provides little to no public health benefit. • If the use of chlorine is eliminated, the Panel recommends that the District continue to extensively monitor the condition of the benthic environment near the outfall discharge until it is determined that conditions have stabilized. 3.6 District staff presented the findings to the Orange County Coastal Coalition (OCCC) and the cities of Newport Beach and Huntington Beach. They all endorsed the District's proposal to eliminate the use of continuous disinfection for effluent disinfection. Based on the observations and recommendations of the IAP and with public support, the District ceased disinfection of the final effluent in March 2015. To demonstrate continued compliance with NPDES permit requirements and public health protection, enhanced beach and ocean water quality monitoring was initiated by the District. This included adding one extra sampling day per week to 19 of the 38 Regional water quality surfzone stations (Table A-1) resulting in a new total of twice per week, and adding a 10-m contour (7 stations) to our offshore water quality grid which the District sampled 5 times per quarter. The additional samples collected along the 10-m contour provided additional data nearer the beach to demonstrate that the effluent plume did not migrate into bathing waters. The enhanced monitoring was conducted from March through November 2015, after which the RWQCB determined that the enhanced monitoring was no longer necessary based on the monitoring results (see Chapter 2). 3.7 REFERENCES Bernie D. 2009. Mitigation scenarios of ocean acidification using simple and complex models. Work stream 2, Report 3 of the AVOID programme (AV1WS2/D1/R03). Available online at www.avoid.uk.net Bijma, J., M. Barange, L. Brander, G. Cardew, J. de Leeuw, R. Feely, L. Fernand, G. Ganssen, J.P. Gattuso, M.G. Davila, P. Haugan, H. Held, M. Hood, T. Kiefer,A. Kozyr, J. Orr, H.O. Partner, K. Rehdanz, G.J. Reichart, P.G. Rodhouse, F. Schmidt, M.Thorndyke, C.Turley, E. Urban, P.Ziveri, E. Lipiatou, B.Avril, and D. Turk. 2009. Impacts of ocean acidification. In European Science Foundation, Science Policy Briefing 37, 1-12. Feely, R.A., C.L.Sabine,J. Hernandez-Ayon,J. Martin, D. lanson,and B. Hales. 2008. Evidence for upwelling of corrosive"acidified"water onto the Continental Shelf. Science 320:1490-1492. Howard, M.D.A., G. Robertson, M. Sutula, B.H. Jones, N.P. Nezlin, Y. Chao, H. Frenzel, M.J. Mengel, D.A. Caron,B.Seegers,A.Sengupta,E.Seubert,D.W.Diehl,and S.B.Weisberg. 2012. Southern California Bight 2008 Regional Monitoring Program:VII. Water Quality. 145 p. MBC Applied Environmental Sciences. 2015. Status of the Kelp Beds 2014 Survey. Prepared for the Central Region Kelp Survey Consortium and Region Nine Kelp Survey Consortium. 75 p. +Appendices. NOAA (National Oceanographic and Atmospheric Agency). 2012. Study finds that ocean acidification is accelerated in nutrient-rich areas. http://www.noaanews.noaa.gov/stories20l2/20120924_ oceanacidification.html (September 24,2012). OCSD (Orange County Sanitation District). 2014. Annual Report, July 2012—tune 2013. Marine Monitoring. Fountain Valley, CA. OCSD. 2015. Annual Report,July 2013—tune 2014. Marine Monitoring. Fountain Valley, CA. OPC (Ocean Protection Council). 2012. A Vision for Our Ocean and Coast. Five-Year Strategic Plan 2012- 2017. Adopted February 17,2012. 34 p. Orr, J.C., V.J. Fabry, O.Aumont, L. Bopp, S.C. Doney, R.A. Feely, A. Gnanadesikan, N. Gruber,A. Ishida, F. Joos, R.M. Key, K. Lindsay, E. Maier-Reimer, R. Matear, P. Monfray, A. Mouchet, R.G. Najjar, G.K. Plattner,K.B. Rodgers,C.L.Sabine,J.L.Sarmiento,R.Schlitzer, R.D.Slater, I.J.Totterdell,M.F.Weirig, Y.Yamanaka, and A. Yool. 2005. Anthropogenic ocean acidification over the twenty-first century and its impact on calcifying organisms. Nature 437:681-686. Pelejero,C., E.Calvo,and O. Hoegh-Guldberg. 2010. Paleo-perspectives on ocean acidification. Trends Ecol. Evol. 25:332-344. SCCWRP(Southern California Coastal Water Research Project). 2013. Southern California Bight 2013 Marine Monitoring Survey(Bight'13) Nutrients Workplan. 22 p. 3.8 METHODS Appendix A Appendix A METHODS INTRODUCTION This appendix contains a summary of the field sampling, laboratory testing, and data analysis methods used in the District's Ocean Monitoring Program (OMP). The methods also include calculations of water quality compliance with California Ocean Plan (COP) criteria. WATER QUALITY MONITORING Field Methods Offshore Zone Permit-specified water quality monitoring was conducted 3 times per quarter at 28 stations (Figure A-1, Tables A-1 and A-2). Eight stations located inshore of the 3-mile line of the coast are designated as areas used for water contact sports by the Regional Water Quality Control Board (RWQCB) (i.e., waters designated as REC-1), and were sampled an additional 3 days per quarter for fecal indicator bacteria (FIB; total coliform, fecal coliform, and enterococci). The additional surveys were conducted in order to calculate a 30-day geometric mean. Each survey included measurements of pressure (from which depth is calculated), temperature, conductivity(from which salinity is calculated),dissolved oxygen(DO), pH,water clarity (light transmissivity, beam attenuation coefficient [beam-c], and photosynthetically active radiation [PAR]), chlorophyll-a fluorescence, and colored dissolved organic matter (CDOM). Measurements were conducted using a Sea-Bird Electronics SBE9/SBE 11 Deck Unit (SBE9/11) CTD (conductivity-temperature-depth) profiling system deployed from the M/V Nerissa. Profiling was conducted at each station from 1 m below the surface to 2 m above the bottom or to a maximum depth of 75 m, when water depths exceeded 75 m. SEASOFT (2014a) software was used for data acquisition, data display, and sensor calibration. PAR was measured in conjunction with chlorophyll-a because of the positive linkage between light intensity and photosynthesis per unit chlorophyll(Hardy 1993). Wind condition, sea state, and visual observations of floatable materials or grease that might be of sewage origin were also conducted. Discrete water samples were collected using a Sea-Bird Electronics Carousel Water Sampler (SBE32/SBE33) equipped with Niskin bottles for ammonium (NH3-N) and FIB at specified stations and depths. All discrete samples were kept on wet ice in coolers and transported to the District's laboratory within 6 hours. A summary of the sampling methods are presented in Table A-3. Central Bight Regional Water Quality An expanded grid of water quality stations was sampled quarterly as part of the District's Central Bight Regional Water Quality monitoring. These 38 stations were sampled in conjunction with the 28 Core water quality stations (see Figure 2-1) along with the County Sanitation Districts of Los Angeles, the City of Los Angeles, and the City of Oxnard. The total sampling area extends from the Ventura River in the north to Crystal Cove State Beach A.1 q / e y � N w U m � O a U Z F � 0 3 o a of** U Z EO / N / \y i E ♦ m N \ bJ I $ / / ON \ o C t7 N I I \ \m q OI S o • / I �` \ � C U • I / N • N , E C N V ♦ / N / N m ♦ N � I / m H / U rI � ti r ♦ ry � // '^ Wig] r / / N •N / p I N ♦ / crr Omi ON / / It r r INf1 , , • N C / O \ •N I / y , q \ / / ON / O \ q p � v U U N O � o Q v E E � m LL A.2 Table A-1. The District's ocean monitoring program station positions and nominal depths. Station Latitude Longitude Depth Station Latitude Longitude Depth Offshore Water Quality 1901 • 33' 33.682'N 117' 49.654 W 10 22N• 33° 35.423'N 117° 59.M6'W 39 1902• 33' 33.165'N 117' 49.944'W 60 2205• 33' 34.534'N 118' 00.282'W 57 1903• 33° 32.762'N 117' 50.182'W 100 2206• 33' 33.644'N 118° 01.018'W 185 1904- 33° 31.787'N 117' 50.734'W 405 2221'° 33° 38.099'N 117° 58.908'W 10 1905- 33° 30.810'N 117' 51.285'W 510 2222' 33° 37.522'N 117° 59.374'W 15 1906• 33° 29.829'N 117' 51.842'W 550 2223^ 33° 36.924'N 117° 59.871'W 22 2001 • 33' 35.335'N 117' 51.564'W 10 2224• 33° 36.035'N 118' 00.608'W 31 2002• 33° 34.755'N 117' 51.844'W 60 2225• 33' 35.146'N 118° 01.346'W 47 2003- 33° 34.565'N 117° 52.123'W 100 2226' 33° 34.257'N 118° 02.083'W 135 2004- 33° 33.589'N 117' 52.657'W 345 2301'• 33° 38.572'N 118° 00.064'W 10 2005• 33° 32.613'N 117° 53.225'W 410 2302• 33° 38.053'N 118° 00.495'W 15 2006• 33' 31.647'N 117' 53.793'W 470 23031 33° 37.537'N 118' 00.936'W 21 2021 • 33° 35.771'N 117' 52.099'W 10 2304• 33' 36.649'N 118° 01.674'W 29 2022- 33° 35.283'N 117° 52.379'W 53 2305' 33° 35.760'N 118° 02.412'W 38 2023° 33° 34.796'N 117' 52.658'W 165 2306• 33° 34.871'N 118° 03.149'W 114 2024• 33' 33.811'N 117' 53.179'W 300 2349•• 33° 39.190'N 118° 01.135'W 10 2025• 33' 32.851'N 117' 53.741'W 390 2350• 33' 38.667'N 118' 01.566'W 14 2026• 33' 31.900'N 117' 54.301'W 432 2351° 33° 38.151'N 118' 02.001'W 21 2101 •° 33° 36.183'N 117° 55.749'W 10 2352 d 33° 37.262'N 118° 02.739'W 29 2102- 33° 35.631'N 117' 56.206'W 26 2353° 33° 36.373'N 118° 03.477'W 37 2103° 33° 35.089'N 117' 56.678'W 110 23M d 33° 35.484'N 118° 04.214'W 123 2104 d 33' 34.199'N 117' 57.414'W 143 2401>• 33° 39.920'N 118' 02.103'W 10 2105• 33' 33.309'N 117' 58.150'W 280 2402• 33° 39.342'N 118' 02.593'W 16 2106° 33° 32.420'N 117° 58.885'W 309 2403 d 33° 38.765'N 118° 03.072'W 21 2181 -° 33° 36.877'N 117' 56.752'W 10 2404' 33° 37.875'N 118° 03.808'W 29 2182• 33° 36.272'N 117' 57.264'W 15 24051 33° 36.986'N 118° 04.544'W 37 2183° 33' 35.701'N 117' 57.744'W 36 24061 33° 36.096'N 118' 05.280'W 60 2184• 33' 34.811'N 117' 58.480'W 51 2451• 33° 41.475'N 118' 03.944'W 10 2185" 33° 33.922'N 117° 59.215'W 114 2452' 33° 40.739'N 118° 04.584'W 17 2186° 33° 33.032'N 117' 59.951'W 247 2453' 33° 39.987'N 118° 05.204'W 22 2201 •• 33° 37.493'N 117' 57.831'W 10 24M• 33° 39.098'N 118° 05.946'W 30 2202• 33' 36.901'N 117' 58.314'W 16 2455• 33° 38.210'N 118' 06.675'W 36 2203 d 33' 36.313'N 117' 58.810'W 25 2456• 33° 37.318'N 118' 07.411'W 42 'Central Bight Water Quality Regional Grid station only-CTD profiling only. "Core Water Quality Station-CTD profiling only. •Core Water Quality Station-CTD profiling and ammonium samples. d Core Water Quality Station-CTD profiling plus ammonium and bacteria(REC-1)samples. •Disinfection Cessation Station-CTD profiling plus ammonium and bacteria samples. Stations denoted in bold represent the potential California Ocean Plan water quality compliance reference stations. Table A-1 Continues. A.3 Table A-1 Continued. Station Latitude Longitude I Depth I Station I Latitude Longitude Depth Regional Nearshore(Surizone)Water Quality OSB02 33° 44.420'N 118° 06.937'W Ankle deep 6N- 33' 38.331'N 117' 58.573'W Ankle deep O81303 33' 44.355'N 118° 06.449'W Ankle deep 314° 33' 38.018'N 117' 58.032'W Ankle deep OSB05 33° 44.296'N 118° 06.378'W Ankle deep TM 33° 37.994'N 117° 57.645'W Ankle deep OSB04 33' 44.209'N 118' 06.121'W Ankle deep 0' 33' 37.764'N 117' 57.598'W Ankle deep OSB01 33' 43.603'N 118' 05.041'W Ankle deep SAR-N 33' 37.870'N 117' 57.434'W Ankle deep OSUB1 33' 42.986'N 118° 04.341'W Ankle deep 3S' 33' 37.619'N 117' 57.264'W Ankle deep 39N° 33' 42.114'N 118' 03.321'W Ankle deep 68' 330 37.337'N 117° 56.704'W Ankle deep 33N° 33° 41.281'N 118° 02.495'W Ankle deep 9S° 33° 37.033'N 117° 56.283'W Ankle deep BCO-1 33° 40.994'N 118° 02.138'W Ankle deep 15S• 33° 36.342'N 117° 55.459'W Ankle deep 27N• 33° 40.587'N 118' 01.712'W Ankle deep 21 S• 33' 36.059'N 117' 54.213'W Ankle deep HB1 ° 33° 40.065'N 118° 01.937'W Ankle deep 27S' 33' 35.646'N 117' 52.910'W Ankle deep HB2° 33' 40.022'N 118° 01.937'W Ankle deep 29S' 330 35.559'N 117' 52.508'W Ankle deep HB3° 33° 39.952'N 118° 00.933'W Ankle deep BGC° 33° 35.389'N 117° 52.121'W Ankle deep 21 N• 33° 39.843'N 118° 00.785'W Ankle deep PPC° 33° 34.933'N 117° 51.416'W Ankle deep HB4° 33° 39.680'N 118' 00.613'W Ankle deep WFC° 33' 34.900'N 117' 51.334'W Ankle deep HB5° 33° 39.414'N 118° 00.310'W Ankle deep 39S' 33' 34.700'N 117' 51.946'W Ankle deep 15N° 33' 39.114'N 117° 59.846'W Ankle deep ONB39° 330 34.444'N 117' 50.410'W Ankle deep 12N° 33° 38.854'N 117° 59.413'W Ankle deep MDC° 33° 33.838'N 117° 49.702'W Ankle deep 914• 33° 38.565'N 117° 58.924'W Ankle deep El Moro° 33' 33.593'N 117' 49.292'W Ankle deep •Bacteria sample was collected at least twice for both regional monitoring and the disinfection cessation study. °When flowing,2 additional bacteria samples were collected:1)25 yards upcoast and 2)25 yards downcoast of freshwater- ocean interface. When flow was not observed at the Interface,a single sample was collected 25 yards downcoast. Bacteria sample was collected at least once per week at all other stations. Trawl To. 33° 37.117'N 117° 59.283'W 18 T17° 330 35.160'N 118' 02.658'W 60 TI° 33° 34.641'N 118° 00.567'W 55 T18 33' 36.960'N 118' 05.268'W 36 T2 33° 35.688'N 117° 59.561'W 35 T19 33° 35.3%'N 118° 05.424'W 137 T6 33° 35.946'N 118' 02.785'W 36 T22° 33' 34.326'N 117' 59.856'W 60 T10 33° 33.771'N 118' 00.250'W 137 T23° 33' 34.336'N 117' 59.051'W 58 Tit° 33° 36.055'N 118° 05.199'W 60 T24 330 35.648'N 118' 01.274'W 36 T12° 33° 34.868'N 118° 01.670'W 57 T25 33' 34.245'N 1180 01.967'W 137 T14 33° 34.672'N 118° 03.200'W 137 °Sampled for historical purposes. °Semi-annual station. All other stations were sampled annually. Table A-1 Continues. A.4 Table A-1 Continued. Station I Latitude I Longitude I Depth I Station I Latitude I Longitude I Depth Rig-fishing Zone 1(outhll):Inshore of the 60 m depth contour bounded by the coordinates 33'36.272'N/117'57.264'W and RF1 33' 37.522'N/117'59.374'W along the 15 m contour and 33'34.698'N/118' 01.713'W along the 80 m contour, and 33'33.475'N/117-59.583'W along the 180 m contour. RF3 Zone 3(non-ouMall):Bounded by the coordinates.33'35.879'N/118'08.015'W,33'35.333'N/118'07.476'W, 33'34.272'N/118'08.557'W,33-34.820'N/118-09.086'W. Sediment Geochemistry,Sediment Toxicity,and Benthic Infauna 0.1 33' 34.573'N 118' 00.598'W 56 58 33' 33.365'N 118' 05.347'W 300 1•b 33' 34.657'N 118' 00.968'W 56 59 33' 36.070'N 118' 03.701'W 40 3. 33' 34.434'N 118' 00.660'W 60 60 33' 35.532'N 118' 04.017'W 100 4•b 33- 34.498'N 117' 59.761'W 56 61 33' 35.011'N 118' 04.326'W 200 5' 33' 34.749'N 118' 01.612'W 59 62 33' 34.069'N 11W 04.568'W 300 7 33' 35.325'N 118' 00.367'W 41 63 33' 34.173'N 118' 03.407'W 200 8 33' 35.164'N 117' 59.555'W 44 64 33' 33.484'N 118' 03.663'W 300 9' 33' 34.363'N 117' 59.510'W 59 65 33' 33.859'N 117' 57.230'W 200 10 33- 34.902'N 118' 02.081'W 62 68' 33- 34.848'N 118' 00.694'W 52 12- 33' 34.385'N 117' 59.054'W 58 69' 33' 34.794'N 118' 00.465'W 52 13 33' 35.307'N 118' 02.944'W 59 70' 33' 34.736'N 118' 00.183'W 52 17 33' 33.961'N 118' 00.187'W 91 71• 33' 34.687'N 117' 59.939'W 52 18 33' 34.064'N 118' 00.750'W 91 72•" 33' 34.674'N 118' 01.146'W 55 20 33- 34.599'N 118' 02.229'W 100 73 ° 33- 34.596'N 118' 00.709'W 55 21 33' 35.313'N 118' 01.891'W 44 74- 33' 34.616'N 118' 00.230'W 57 22 33' 35.204'N 117' 59.028'W 45 75- 33' 34.559'N 117' 59.974'W 60 23 33' 33.968'N 117' 59.147'W 100 76'• 33' 34.459'N 118' 00.297'W 58 24 33' 33.563'N 118' 01.140'W 200 77•b 33' 34.373'N 117' 59.730'W 60 25 33' 33.924'N 118' 02.176'W 200 78- 33- 34.329'N 118' 00.036'W 63 27 33' 33.326'N 117' 59.708'W 200 79' 33' 34.383'N 118' 00.876'W 65 29 33' 35.033'N 118' 03.113'W 100 80' 33' 34.324'N 118' 00.662'W 65 30 33' 35.493'N 118' 02.899'W 46 at- 33' 34.263'N 118' 00.362'W 65 33 33' 34.349'N 117' 57.866'W 100 82- 33' 34.207'N 118' 00.077'W 65 36 33' 35.308'N 117' 57.495'W 45 83 33' 34.239'N 118' 01.414'W 100 37 33' 34.832'N 117' 57.369'W 56 84' 33' 34.648'N 118' 00.5 T W 54 38 33' 34.634'N 117' 57.317'W 100 85- 33' 34.532'N 118' 00.679'W 57 39 33' 33.283'N 117' 58.531'W 200 86. 33' 34.560'N 118' 00.802'W 57 40 33' 32.496'N 117' 59.775'W 303 87- 33- 34.401'N 118- 00.380'W 60 41 33' 32.690'N 118' 01.149'W 303 C° 33' 35.799'N 118' 03.855'W 56 42 33' 33.098'N 118' 02.59B'W 303 C2 33' 36.125'N 117' 56.014'W 56 44 33' 34.586'N 118' 05.422'W 241 C4 33' 35.056'N 117' 55.833'W 187 55 33' 36.739'N 118' 05.413'W 40 C5 33' 33.920'N 117' 55.620'W 296 56 33' 35.665'N 118' 05.417'W 100 Control 1'° 33' 36.037'N 118' 05.387'W 59 57 33- 34.970'N 118' 05.418'W 200 ZB b 33' 34.545'N 118' 00.274'W 56 Semi-annual station. "Sediment toxicity station(winter only). All other stations were sampled annually. A.5 Table A-2. Sampling dates during 2014-15. Quarter Date Cruise# #of days Purpose Water quality 0Ni612014 OC-2014-034 1 Core 28 Beach Grid(Day t)-Ammonium Only OWWO14 OG2014 37 1 Bight'13 pH Idea 010 OC-2014-038 1 Cora 28 Station Odd(Day 2) 08107I2014 OC-2014-03g 1 Central Bight Gnd Summer 081142014 OC-2014 0 1 REC-1(Day 1) 081IMO14 OG2014 41 1 REC-1(Day 2) 01 01 1 REC-1(Day 3) 08125U91=014 00-2014-03 3 Bight'13 Nutrients Process 09A)M014 OG2014 6 1 Core 28 Station Grid(Day 3) 10/022014 OG2014 8 1 Core 28 Station Grid(Day 1) f0@22014 00-2014 50 1 REC-1(Day 1) 11I042014 OP2014053 1 Blghrl3 pH 111052014 OC-201"M 1 Core 28 Station Grid(Day 2) Fall 11106/2014 0P20ri 1 General Bight Odd 11I122014 00-2014-056 1 REC-1(Day 2) 111132014 OP2014 57 1 REC-1(Day 3) 1VIOM14 OG2014 1 1 Core 28 Station Grid(Day 3)-Ammonium Only 01/202015 00-2015 04 1 Core 28 Beach Odd(Day 1) OM=015 OC-2015-005 1 Core 28 Station Grid(Day 2) OM42015 OG2015 06 1 Central Bight Grid 021052015 0P2015-00] 1 REC-1(Day 1) Winter 00112015 00-2015 08 1 Bight'13 all OM9I2015 0P2015A 9 1 REC-1(Day 2) 021102015 OG-2015-010 1 REC-1(Day 3) 031262015 0C-2015 13 1 Core 28 Borden Odd(Day 3)-Ammonium Only 0311"M312015 OC-2015-014 2 Bldi Nutrients Process 0421I2015 OC-2015-017 1 Core 28 Station Grid(Day 1)-Ammonium Only 04222015 01 1 REC-1(Day 1)+Disinfection Cessation "1232015 OC-2015-019 1 REC-1(Day 2)+Disinfection cessation 05A)W015 01 1 Core 28 Station One!(Day 2)-Ammonium Only 05101 OC-2015A21 1 Central Bight Gdtl Stiing 05I05I2015 OC-201S022 1 REC-1(Day 3)+Disinfection Cessation 05/182015 OC-2015A23 1 REC-1(Day 4)+massacred Cessation 051192015 OG2015-024 1 REC-1(Day 5)+Disinfection Cessation 05272015 OG-2015-025 1 Bight'13 pH 061112015 OC-2015 30 1 Core 28 Station Gnd(Day 3)-Ammonium Only Table A-2 Continues. in the south. Data were collected using CTDs within a fixed-grid pattern comprising 216 stations during a targeted 3 to 4 day period. Parameters measured included pressure, water temperature, conductivity, DO, pH, chlorophyll-a, CDOM, and water clarity. Profiling was conducted from the surface depth to 2 m from the bottom or to a maximum depth of 100 m. Sampling and analytical methods were the same as those presented in Table A-3. A.6 Table A-2 Continued. Quarter Date Cruise# I #of days Purpose Sediment and Innate 0]/08-0]I0912014 O -2014-032 2 Core Semi-annual Benlhic Summer 0]/10-0]It&2014 OC-2014-033 3 Core Annual Benlhic 01I06-OlM2015 M-2015-001 2 Core Semi-annual Benthlc Winter 03I262015 O -2015-016 1 Toxicity Samples only Trawls 0]22-0]12312014 O -2014-035 2 Core Semiannual summer 0]/1]-0]Y23I2014 OC-2014-038 3 Core Annual Winter 0121-01QW2015 OC-2015-002 3 Core Semi-annual Rig Fishing Fall 101272014 O -2014-051 1 Pil.t Study Winter 01R7-01QW2015 M-2015-003 2 Cn.Annual Current Meters and Moorings 0811=014 O -2014-047 1 TRBM/ADCP Recovery(M1a M1%&M21) Sumer MIN12014 M-2014-045 1 Thermistor Mooring Recovery(MIS&M21) Winter 02/242015 OC-2015-011 1 Thermistor Moorng DeplWment(M18&M21) 002WO15 O -2015-012 1 TRBM/ADCPDeployment(M1a M19,&M21) MM2015 O -2015-026 1 TRBM/ADCPR..myRiedeploymenl(M18) Spring 08I182015 M-2015-027 1 TRBM/ADCP RecoveryRiedeployment(M21) Nearshore Zone Regional nearshore (surizone) FIB samples were collected 1-2 days per week at a total of 38 stations (Figure 2-1, Table A-1). When creek/storm drain stations Flowed to the ocean, 3 bacteriological samples were collected at the source, 25 yards downcoast, and 25 yards upcoast. When flow was absent, a single sample was collected 25 yards downcoast. Samples were collected in ankle-deep water, with the mouth of the sterile bottle facing an incoming wave but away from both the sampler and ocean bottom. After the sample was taken, the bottle was tightly capped and promptly stored on ice in the dark. The occurrence and size of any grease particles at the high tide line were also recorded. Laboratory analysis of FIB samples began within 6 hours of collection. Laboratory Methods Laboratory analyses of N H3-N and bacteriology samples followed methods listed in Table A-3. Quality assurance/quality control (QA/QC) procedures included analysis of laboratory blanks and duplicates. All data underwent at least 3 separate reviews prior to being included in the final database used for statistical analysis, comparison to standards, and data summaries. Data Analyses Raw CTD data were processed using both SEASOFT(2014b)and third party (IGODS 2012) software. The steps included retaining downcast data and removing potential outliers, i.e. data that exceeded specific criteria limits. Flagged data were removed if they were considered to be due to instrument failures,electrical noise(e.g.,large data spikes),or physical interruptions of sensors (e.g., by bubbles) rather than by actual oceanographic events. After A.7 | \ E \ - (! §! §! { 2 ! / \ / / / / \ / / } � ) § { l =� { ,{ ={ { { ! ; f„) � • ! �: n ! nlnn ( } ` ( a ( i E ) ) ) ) ` 0 0 0 0 0 0 0 0 & 7 = _ _ z E . . 4 . . . & : > ) ) \ \ ) / 2/ \ ] ) 2 � | ) ! ! ƒ / 1 } )) ƒ !{ \ \ \ ) ) ) \ } } a outlier removal, averaged 1 m depth values were prepared from the downcast data; if there were any missing 1 m depths, then the upcast data were used as a replacement. CTD and discrete data were then combined to create a single data file that contained all sampled stations for each survey day. Compliance Determinations Water quality compliance was assessed based on: (1) specific numeric criteria for DO, pH, and FIB; and (2) narrative (non-numeric) criteria for transmissivity, floating particulates, oil and grease, water discoloration, beach grease, and excess nutrients. Station locations were defined as either Zone A (2 innermost, alongshore transacts) or Zone B (2 outermost, alongshore transacts) as shown in Figure A-1. Compliance evaluations for DO, pH, and transmissivity were based on statistical comparisons to the corresponding Zone A or Zone B reference station located upcurrent of the outfall (OCSD 1999). FIB compliance used corresponding COP bacterial standards at each REC-1 station. The remaining compliance determinations were completed based on presence/absence and level of potential effect at each station. Dissolved Oxygen, pH. and Transmissivity For each survey, the depth of the pycnocline layer, if present, was calculated for each station using temperature and salinity data. The pycnocline is defined as the depth layer where stability is greater than 0.05 kg/m' (Officer 1976). Data for each station and numeric compliance parameter (transmissivity, DO, and pH) were binned by water column stratum: above, within, or below the pycnocline. When a pycnocline was absent, data were binned into the top, middle, or bottom third of the water column for each station. Mean values for each parameter were calculated by stratum and station. The number of observations usually differed from station to station and survey to survey due to different water and pycnocline depths. The selection of appropriate reference stations (i.e., upcoast or downcoast)for each survey day were determined based on available current measurements and the presence or absence of typical plume "signals" (e.g., elevated NH3-N, FIB, and CDOM). If the choice of a reference station is indeterminate, then the data is analyzed twice using both upcoast and downcoast reference stations. Once reference stations were determined, the data were analyzed using in-house MATLAB (2007) routines to calculate out-of-range occurrences (OROs)for each sampling date and parameter. These OROs were based on comparing the mean data by stratum and station with the corresponding reference station data to determine whether the following COP criteria were exceeded: Dissolved oxygen: cannot be depressed >10% below the mean; pH: cannot be greater than t0.2 pH units of the mean; and Natural light (defined as transmissivity): shall not be significantly reduced, where statistically different from the mean is defined as the lower 95% confidence limit. In accordance with permit specifications, the outfall station (2205) was not included in the comparisons because it is within the zone of initial dilution (ZID). To determine whether an ORO was out-of-compliance (OOC), distributional maps were created that identified the reference stations for each sampling date and location of each ORO, including which stratum was out of range. Each ORO was then evaluated to determine A.9 if it represented a logical OOC event. These evaluations were based on: (A) evaluation of the wastewater plume location relative to depth using a combination of temperature, density, salinity, CDOM, and when available, FIB and NH3-N; (B) evaluation of features in the water column relative to naturally occurring events (i.e., high chlorophyll-a due to phytoplankton); and (C) unique characteristics of some stations that may not be comparable with permit- specified reference stations (2104/2105 or 2404/2406) due to differences in water depth and/or variable oceanographic conditions. For example, Zone A stations (2103, 2203, 2303, and 2403) are located at shallower depths than reference Station 2104. Waves and currents can cause greater mixing and resuspension of bottom sediments at shallower stations under certain conditions (e.g., winter storm surges). This can result in naturally decreased water clarity (transmissivity) that is unrelated to the wastewater discharge. An ORO can be in- compliance if, for example, a downcurrent station is different from the reference, but no intermediate (e.g., nearfield) stations exhibited OROs. Once the total number of DOC events was summed by parameter, the percentage of OROs and OOCs were calculated according to the total number of observations. In a typical year, Zone A has a total of 504 possible comparisons if 14 stations (not including the reference station) and 3 strata over 12 survey dates per year are used. For Zone B, 432 comparisons are possible from 12 stations (not including the reference station), 3 strata, and 12 sampling dates. The total combined number of ORO and OOC events was then determined by summing the Zone A and Zone B results. If not all of the strata are present or additional surveys are conducted, the total number of comparisons in the analysis may be more or less than the total number of comparisons possible (936). Fecal Indicator Bacteria (FIB) FIB counts at individual REC-1 stations were averaged per survey and compliance for each FIB was determined using the following COP criteria (SWRCB 2010): 30-day Geometric Mean • Total coliform density shall not exceed 1,000 per 100 mL. • Fecal coliform density shall not exceed 200 per 100 mL. • Enterococci density shall not exceed 35 per 100 mL. Single Sample Maximum • Total coliform density shall not exceed 10,000 per 100 mL. • Fecal coliform density shall not exceed 400 per 100 mL. • Enterococci density shall not exceed 104 per 100 mL. • Total coliform density shall not exceed 1,000 per 100 mL when the fecal coliform/ total coliform ratio exceeds 0.1. Additionally, the District's permit includes the following USEPA Primary Recreation Criteria for Enterococcus (EPA 1994a). • 30-day geometric mean: Density less than 35 per 100 mL. • Single sample: Density less than 104 per 100 mL for designated bathing beaches. • Single sample: Density less than 158 per 100 mL for moderate use. • Single sample: Density less than 276 per 100 mL for light use. • Single sample: Density less than 501 per 100 mL for infrequent use. A.10 For purposes of this report, compliance with the EPA criteria was based on infrequent use. Determinations of fecal coliform compliance were accomplished by multiplying E. coli data by 1.1 to obtain a calculated fecal coliform value. There are no compliance criteria for FIB at the nearshore stations. Nevertheless, FIB data were given to the Orange County Health Agency (who follows State Department of Health Service AB411 standards) for the Ocean Water Protection Program (http://ocbeachinfo. com/), and are briefly discussed in Chapter 2. Nutrients and Aesthetics Compliance for floating particulates, oil and grease, and water discoloration were determined based on presence/absence at the ocean surface for each station. Compliance with the excess nutrient criterion was based on evaluation of NH3-N compared to COP objectives for chronic (4 mg/L) and acute (6 mg/L) toxicity to marine organisms. Compliance was also evaluated by looking at potential spatial relationships between NH3-N distribution and phytoplankton (using chlorophyll-a fluorescence). SEDIMENT GEOCHEMISTRY MONITORING Field Methods Sediment samples were collected for geochemistry analyses from 29 semi-annual stations in July 2014 (summer) and in January 2015 (winter) as well as from 39 annual stations in July 2014 (Figure 2-2, Tables A-1, A-2, and A-4). In addition, 3 L of sediment was collected from 9 stations in March 2015 for sediment toxicity testing (Tables A-1 and A-2). Each station was assigned to 1 of 6 station groups: (1) Middle shelf Zone 1 (31-50 m); (2) Middle shelf Zone 2, within-ZID (51-90 m); (3) Middle shelf Zone 2, non-ZID (51-90 m); (4) Middle shelf Zone 3 (91-120 m); (5) Outer shelf(121-200 m); and (6) Upper slope/Canyon (201-500 m). In the Compliance Determinations Chapter, the Middle shelf Zone 2, within- and non-ZID station groups are simply referred to as within-ZID and non-ZID stations, respectively. A single sample was collected at each station using a paired 0.1 m2 Van Veen grab sampler deployed from the MN Nerissa. All sediment samples were qualitatively and quantitatively assessed for acceptability prior to processing. Samples were deemed as acceptable if they had a minimum depth of 5 cm. However, if 3 consecutive sediment grabs each yielded a depth of<5 cm at a station, then the depth threshold was lowered to 54 cm. The top 2 cm of the sample was transferred into containers and resealable plastic bags using a stainless steel scoop. The sampler and scoop were rinsed thoroughly with filtered seawater prior to sample collection. All sediment samples were transported on wet ice to the laboratory. Sample storage and holding times followed specifications in the District's Environmental Laboratory and Ocean Monitoring Standard Operating Procedures (ELOM SOP) (OCSD 2015; Table A-5). Sediment grain size, total organic carbon (TOC), total nitrogen, and total phosphorus samples were subsequently transferred to local and interstate laboratories for analysis (see Appendix C). All sample transfers were conducted and documented using required chain of custody protocols through the Laboratory Information Management Systems(LIMS)software. A.11 Table A-0. Sediment geochemistry and Infaunal sampling summary for 2014-15. Stations Sampling Frequency Parameters Infauna Metals Mercury Grain Size Total DDT 0,1,3,4,5,912,68,69, Total Nitrogen 70,71,72,73,74,75,76, Semi-annual Total Phosphorus 77,78,79,80,81,82, 84, (summer and winter) Sediment Toxicity' 85,86,87,C,CON,ZB Dissolved Sulfides Total Organic Carbon Total Linear Alkylbenzenes2 Total Chlorinated Pesticides Total Polychlorinated Biphenyls Total Polycyclic Aromatic Hydrocarbons Infauna Metals Mercury 7,8, 10,13.17,18,20,21, Grain Size 22,23.24,25,27,29,30. Total DDT 33,36.37,38,39,40,41. Annual Total Nitrogen 42,44,55,56,57,58,59. (summer only) Total Phosphorus 60,61.62,63,64,65,83. Dissolved Sulfides C2,C4,C5 Total Organic Carbon Total Linear Alkylbenzenes Total Chlorinated Pastures Total Polychlorinated Biphenyls Total P0lycyclic Aromatic Hydrocarbons 'Conducted on selected winter samples only. 2Analyzed in summer samples only. Laboratory Methods Sediment chemistry and grain size samples were processed and analyzed using the methods listed in Table A-5. The measured sediment chemistry parameters are listed in Table A-6. Method blanks, analytical quality control samples (duplicates, matrix spikes, and blank spikes), and standard reference materials were prepared and analyzed with each sample batch. Total linear alkylbenzenes (total LAB), total polychlorinated biphenyls (total PCB), and total polycyclic aromatic hydrocarbons (total PAH)were calculated by summing the measured value of each respective constituent listed in TableA-6. Total dichlorodipheynitrichloroethane (total DDT) represents the summed values of 4,4'-DDMU and the 2,4- and 4,4'-isomers of DDD, DDE, and DDT, and total chlorinated pesticides (total Pest) represents the summed values of 13 chlordane derivative compounds plus dieldrin. Sediment toxicity, following EPA-recommended methods (EPA 1994b), was conducted using the 10-day Eohaustorius estuarius amphipod survival test. Amphipods were exposed to test and home (control) sediments, and the percent survival in each was determined. A.12 Table A-5. Sediment collection and analysis summary during 2014-15. Parameter Container Preservation Holding Time Method Dissolved Sulfides HDPE container Freeze 6 months ELOM SOP 4500-S G Rev.B Grain Size Plastic bag 4°C 6 months Plumb(1981) Mercury Amber glass jar Freeze 6months ELOM SOP 245.1 B Rev.F Metals Amber glass jar Freeze 6 months ELOM SOP 200.813_SED Rev E Sediment Toxicity HOPE container 4°C 2 months ELOM SOP B810 Total Chlorinated Pesticides Glassjar Freeze 6 months ELOM SOP 8000-SPP Total DDT Glassjar Freeze 6months ELOM SOP 8000-SPP Total Linear Alkylbenzenes Glassjar Freeze 12 months ELOM SOP 8000-1AB Total Nitrogen Glassjar Freeze 6 months EPA 351.210 and 353.2M' Total Organic Carbon Glassjar Freeze 6months EPA 9060` Total Phosphorus Glassjar Freeze 6months EPA 60106' Total Polychlorinated Biphenyls Glassjar Freeze 6 months ELOM SOP 8000-SPP Total Polycyclic Aromatic Hydrocarbons Glassjar Freeze 6 months ELOM SOP 8000-SPP 'Available online at v .epauov. Data Analyses All analytes that were undetected (i.e., value below the method detection limit) are reported as NO (not detected) in Tables 2-3 to 2-6. Further, an NO value was treated as zero for calculating a mean analyte concentration; however, if a station group contained all NDs for a particular analyte, then the mean analyte concentration is reported as ND. Sediment contaminant concentrations were evaluated against sediment quality guidelines known as Effects Range-Median (ERM) (Long et al. 1998). The ERM guidelines were developed for the National Oceanic and Atmospheric Administration (NOAA) National Status and Trends Program (NOAA 1993)as non-regulatory benchmarks to aid in the interpretation of sediment chemistry data and to complement toxicity, bioaccumulation, and benthic community assessments (Long and MacDonald 1998). The ERM is the 50th percentile sediment concentration above which a toxic effect frequently occurs (Long at al. 1995), and as such an ERM exceedance is considered a significant potential for adverse biological effects. Data analysis consisted of summary statistics and qualitative comparisons only. Toxicity threshold criteria applied in this report were consistent with those of the Water Quality Control Plan for Enclosed Bays and Estuaries — Part 1 Sediment Quality (Bay at al. 2009, SWRCB 2009). Stations with statistically different(p<0.05) survival rates when compared to the control, determined by a two sample t-test, were categorized as nontoxic when survival was 90-100% of the control, lowly toxic when survival was 82-89% of the control, and moderately toxic when survival was 59-81% of the control. Stations with not statistically different (p>0.05) survival rates when compared to the control were Categorized as nontoxic when survival was 82-100% of the control and lowly toxic when survival was 59-81% of the control. Any station exhibiting survival less than 59%of the control was categorized as highly toxic. A.13 Table A-6. Parameters measured in sediment samples during 2014.15. Metals Antimony Cadmium Lead Selenium Arsenic Chromium Mercury Silver Barium Copper Nickel Zinc Beryllium Chlorinated Pesticides Chlordane Derivatives and Dieldrin Aldrin Endosulfan-alpha gamma-BHC Hexachlorobenzene cis-Chlordane Endosulfan-bete Heptachlor Mirex trans-Chlordane Endosulfansulfate Heptachlorepoxide trans-Nonachlor Dielddn Enddn DDT Denvatives 2,4'-DDD(o,p'-DDD) 2,4'-DDE(o,p'-DDE) 2,4'-DDT(o,p'-DDT) 4,4'-DDMU 4,4'-DDD(p,p=DDD) 4,4'-DDE(p,p'-DDE) 4,4'-DDT(p,p'-DDT) Polychlorinated Biphenyl(PCB)Congeners PCB 18 PCB 81 PCB 126 PCB 170 PCB 28 PCB 87 PCB 128 PCB 177 PCB 37 PCB 99 PCB 138 PCB 180 PCB 44 PCB 101 PCB 149 PCB 183 PCB 49 PCB 105 PCB 151 PCB 187 PCB 52 PCB 110 PCB 153/168 PCB 189 PCB 66 PCB 114 PCB 156 PCB 194 PCs 70 PCs 118 PCB 157 PCs 201 PCB 74 PCB 119 PCB 167 PCB 206 PCs 77 PCB 123 PCB 169 Polycyclic Aromatic Hydrocarbon(PAH)Compounds Acenaphthene Benzo[g,h,]perylene Fluorene 2-Methylnaphthalene Acenaphthylene Senzo[k]fluoranmene Indeno[1,2,3c,d]pyrene 2,6-Dimethylnaphthalene Anthracene Biphenyl Naphthalene 1,6,7-Tdmethylnaphthalene Benzla]anthmcene Chrysene Perylene 2,3,6-Tnmethylnaphthalene Benzo[a]pyrene Dibenz[a,h]anthracene Phenanthmne 1-Methylphenanthrene Benzo[b]fluoranthene Dibenzolhiophene Pyrene Benzo[e]pyrene Flumanthene 1-Methylnaphthalene Linear Alkylbenzenes' 2-Phenyldecane 5-Phenyldodecane 7-Phenyltetradecane 3-Phenylundecane 3-Phenyldecane 6-Phenyldodecane 2-Phenyltridecane 4-Phenylundecane 4-Phenyldecane 2-Phenylletradecane 3-Phenyltridecane 5-Phenylundecane 5-Phenyldecane 3-Phenyltetradecane 4Phenyltridecane 6-Phenylundecane 2-Phenyldodecane 4-Phenyltetradecane 5-Phenyltridecane 3-Phenyldodecane 5-Phenyltetradecane 7.6-Phenyltridecane 4-Phenyldodecane 6-Phenyltetrademne 2-Phenylundecane Other Parameters Dissolved Sulfides Total Nitrogen Total Organic Carbon Total Phosphorus Grain Size 'Analyzed in summer samples only. A.14 BENTHIC INFAUNA MONITORING Field Methods The infaunal community was monitored by collecting 1 sediment sample, concurrently with sediment geochemistry samples, from 29 semi-annual stations in July 2014 (summer)and in January 2015 (winter)as well as from 39 annual stations in July 2014 (Figure 2-2, TablesA-1, A-2, and A-4). The purpose of the semi-annual surveys was to determine long-term trends and potential effects along the 60 m depth contour, while the annual survey was conducted primarily to assess the spatial extent of the influence of the effluent discharge. Each station was assigned to 1 of 6 depth categories as described above in the sediment geochemistry field methods section. The Middle shelf Zone 2, within- and non-ZID stations are simply referred to as within-ZID and non-ZID stations, respectively, in Chapter 2. All infauna sediment samples were qualitatively and quantitatively assessed for acceptability prior to processing as described above in the sediment geochemistry field methods section. Each acceptable sample was gently washed with filtered seawater through a 1.0 mm sieve. Retained organisms were rinsed into 1 L plastic containers and anesthetized with 7% magnesium sulfate for approximately 30 minutes. To fix the animals, full strength buffered formaldehyde was then added to achieve a 10%, by volume, solution and returned to the laboratory. Laboratory Methods After 3-10 days in formalin,samples were rinsed with water and transferred to 70%ethanol for long-term preservation. Samples were sent to Marine Taxonomic Services, Inc. (San Marcos, CA)to be sorted to 5 major taxonomic groups, Polychaeta, (worms), Mollusca (snails, clams, etc.), Arthropoda (shrimps, crabs, etc.), Echinodermata (sea stars, sea urchins, etc.), and miscellaneous phyla (Cnidaria, Nemertea, etc.). Removal of organisms from the sediment samples was monitored to ensure that at least 95% of all organisms were successfully separated from the sediment matrix (see Appendix C). Upon completion of sample sorting, the major taxonomic groups were distributed for identification and enumeration (Table A-7). Taxonomic differences were resolved and the database was edited accordingly(see Appendix C). Species names used in this report follow those given in Cadien and Lovell (2014). Table A-7. Benlhic infauna sample distribution for 2014.15. Taxonomic Groups Ouaner Survey Annelids Arthropods Molluscs Echinudennata Misc.Phyla OCSD Contractor OCSD Contractor OCSD Contractor OCSD CDntractar OCSD Contractor Summer 2014 Smnn smmual 24 5 29 0 0 29 15 14 15 14 Summer 2014 Annual 33 8 39 0 0 39 20 19 20 19 Winner 2015 Semi-annual 25 4 29 0 0 29 0 29 0 29 A.15 Data Analyses Infaunal community data were analyzed to determine if populations outside the ZID were affected by the outfall discharge. Six community measures were used to assess infaunal community health and function: (1) total number of species (richness), (2) total number of individuals (abundance), (3) Shannon-Wiener Diversity (H'), (4) Swartz's 75% Dominance Index (SDI), (5) Infaunal Trophic Index (ITI), and (6) Benthic Response Index (BRI). H'was calculated using loge (Zar 1999). SDI was calculated as the minimum number of species with combined abundance equal to 75% of the individuals in the sample (Swartz 1978). SDI is inversely proportional to numerical dominance, thus a low index value indicates high dominance (i.e., a community dominated by a few species). The ITI was developed by Word (1978, 1990) to provide a measure of infaunal community"health" based on a species' mode of feeding (e.g., primarily suspension vs. deposit feeder). ITI values greater than 60 are considered indicative of a"normal"community,while 30-60 represent a"changed"community, and values less than 30 indicate a "degraded" community. The BRI measures the pollution tolerance of species on an abundance-weighted average basis (Smith et al. 2001). This measure is scaled inversely to ITI with low values (<25) representing reference conditions and high values (>72) representing defaunation or the exclusion of most species. The intermediate value range of 25-34 indicates a marginal deviation from reference conditions, 35-44 indicates a loss of biodiversity, and 45-72 indicates a loss of community function. The ITI and BRI were not calculated for stations >200 m in depth following recommendations provided by Word (1978) and Ranasinghe et al. (2012), respectively. The BRI was used to determine compliance with NPDES permit conditions, as it is a commonly used southern California benchmark for infaunal community structure and was developed with the input of regulators (Ranasinghe et al. 2007, 2012). The presence or absence of certain indicator species (pollution sensitive and pollution tolerant) was also determined for each station. The presence of pollution sensitive species, i.e., Amphiodia urtica (brittlestar) and amphipod crustaceans in the genera Ampelisca and Rhepoxynius,typically indicates the existence of a healthy environment,while the occurrence of large numbers of pollution tolerant species, i.e., Capitella capitata Cmplx(polychaete), may indicate stressed or organically enriched environments. Patterns of these species were used to assess the spatial and temporal influence of the wastewater discharge in the receiving environment. PRIMER v6(2001)multivariate statistical software was used to examine the spatial patterns of infaunal invertebrate communities at the Middle shelf Zone 2 stations. The other stations were excluded from the analyses, as Clarke and Warwick (2001) advocated that clustering is less useful and may be misleading where there is a strong environmental forcing, such as depth. Analyses included (1) ordination clustering of the data using non-metric multidimensional scaling (nMDS), (2) hierarchical clustering with group-average linking based on Bray-Curtis similarity indices, and (3) similarity profile (SIMPROF) permutation tests of the clusters. Prior to the calculation of the Bray-Curtis indices, the data were 4th-root transformed in order to down-weight the highly abundant species and to incorporate the less common species (Clarke and Warwick 2001). A.16 TRAWL COMMUNITIES MONITORING Field Methods Demersal fishes and epibenthic macroinvertebrates (EMIs) were collected in the summer (July) of 2014 and the winter (January) of 2015. Sampling was conducted at 15 stations: Inner shelf (18 m) Station TO; Middle shelf Zone 1 (36 m) Stations T2, T24, T6, and T18; Middle shelf Zone 2 (60 m) Stations T23, T22, T1, T12, T17, and T11; and Outer shelf (137 m)Stations T10,T25,T14, and T19(Figure 2-3,Tables A-1 and A-2). Only Middle shelf,Zone 2 stations were sampled in both summer and winter; the remaining stations were sampled in summer only. Station TO was sampled to maintain the long-term abundance records of fishes and EMIs at this site. Data for this historical station are not discussed in this report, however. One trawl was conducted from the MN Nerissa at each station using a 7.6 m (25 ft) wide, Marinovich, semi-balloon otter trawl (2.54 cm mesh)with a 0.64 cm mesh cod-end liner,an 8.9 m chain-rigged foot rope,and 23 m long trawl bridles following regionally adopted methodology (Mearns and Allen 1978). The trawl wire scope varied from a ratio of approximately 5:1 at the shallowest stations to approximately 3:1 at the deepest station. To minimize catch variability due to weather and current conditions, which may affect the bottom-time duration of the trawl, trawls generally were taken along a constant depth at each station, and usually in the same direction. Established trawl QA/QC methods for southern California were used (see Appendix C). Station locations and trawling speeds and paths were determined using Global Positioning System (GPS) navigation. Trawl depths were determined using an attached Sea-Bird Electronics SBE 39 pressure sensor on 1 of the trawl boards. Upon retrieval of the trawl net, the contents (fishes and EMIs)were emptied into a large flow- through water tank and then sorted by species into separate containers. Fish bioaccumulation specimens were counted, recorded, and removed for processing (see below).The remaining fish specimens were processed as follows: (1)a minimum of 15 randomly selected specimens of each species were weighed to the nearest gram and measured individually to the nearest millimeter (standard length); and (2) if a haul sample contained substantially more than 15 individuals of a species, then the excess specimens were enumerated in 1 cm size classes and a bulk weight was recorded. All fish specimens were examined for abnormalities such as external tumors, lesions, parasites, and skeletal deformities. EMIs were sorted to species, counted, and batch weighed. In the event of a large haul of a single invertebrate species (n>100), 100 individuals were counted and batch weighed; the remaining animals were batch weighed and enumerated later by back calculating using the weight of the first 100. Fish and EMI specimens that required further taxonomic scrutiny were retained for final identification at a later date. Laboratory Methods Specimens for the voucher collection and any animals that could not be identified in the field were preserved in 10% buffered formalin for subsequent laboratory analysis. A A.17 representative voucher collection of fishes and EMIs is maintained in the District's Taxonomy Lab for reference and verification. Species and common names used in this report follow those given in Page at al. (2013) and Cadien and Lovell (2014). Data Analyses Number of species, abundance, biomass, H', and SDI were calculated for both fishes and EMIs at each station. Pleuroncodes planipes (pelagic red crab) was collected in the winter survey; however, this species was not included in the calculations as it was mistakenly neither recorded on all field sheets nor enumerated upon collection. Fish biointegrity in the District's monitoring area was assessed using the fish response index (FRI). The FRI is a multivariate weighted-average index produced from an ordination analysis of calibrated species abundance data (Allen et al. 2001, 2006). FRI scores less than 45 are classified as reference (normal) and those greater than 45 are non-reference (abnormal or disturbed). PRIMER (2001) multivariate statistical software was used to examine the spatial patterns of the fish and EMI assemblages at the Middle shelf Zone 2 stations. The other stations were excluded from the analyses, as Clarke and Warwick (2001) advised that clustering is less useful and may be misleading where there is a strong environmental forcing, such as depth. Analyses included (1)ordination clustering of the data using nMDS, (2) hierarchical clustering with group-average linking based on Bray-Curtis similarity indices, and (3) SIMPROF permutation tests of the clusters. Prior to the calculation of the Bray-Curtis indices, the data were fourth-root transformed in order to down-weight the highly abundant species and incorporate the importance of the less common species (Clarke and Warwick 2001). Middle shelf Zone 2 stations were grouped into the following categories to assess spatial, outfall-related patterns: "outfall" (Stations T22 and T1) and "non-outfall" (Stations T23, T1 2, T17, and T11). FISH TISSUE CONTAMINANTS MONITORING Two demersal fish species, English Sole (Parophrys vetulus) and Hornyhead Turbot (Pleuronichthys verticalis), were targeted for analysis of muscle and liver tissue chemistry. Muscle tissue was analyzed because contaminants may bioaccumulate in this tissue and can be transferred to higher trophic levels. Liver tissue was analyzed because it typically has higher lipid content than muscle tissue and thus bioaccumulates relatively higher concentrations of lipid-soluble contaminants that have been linked to pathological conditions as well as immunological or reproductive impairment (Arkoosh et al. 1998). Demersal fishes in the families Scorpaenidae (e.g., Vermilion Rockfish and California Scorpionfish) and Serranidae (e.g., Kelp Bass and Sand Bass) were targeted, as they are frequently caught and consumed by recreational anglers. As such, contaminants in the muscle tissue of these fishes were analyzed to gauge human health risk. Field Methods The sampling objective for bioaccumulation analysis was to collect 10 individuals each of English Sole and Hornyhead Turbot at outfall (T1) and non-outfall (T11) stations during the A.18 January 2015 trawl survey. Likewise, 10 individuals in total of scorpaenid and serranid fishes were targeted at each outfall (Zone 1) and non-outfall (Zone 3) areas using hook-and-line fishing gear ("rig fishing") in January 2015 (Figure 2-3, Tables A-1 and A-2). Zone 3 rather than Zone 2 was fished this monitoring year, as the fishing quota was not met at Zone 2 in the previous 2 survey periods. Each fish was weighed to the nearest gram and its standard length measured to the nearest millimeter; placed in pre-labelled, plastic, re-sealable bags; and stored on wet ice in insulated coolers. All samples were subsequently transported under chain of custody protocols to the District's laboratory. Sample storage and holding times (Table A-8)followed specifications in the District's ELOM SOP (OCSD 2015). Table A-8. Fish tissue handling and analysis summary during 2014-15. Parameter Container Preservation Holding Time Method Arsenic and Selenium Ziplock bag Freeze 6months NS&T(NOAA 1993);EPA 200.8' Chlorinated Pesticides Ziplock bag Freeze 6 months NS&T(NOAA 1993);EPA 8270" DDTs Ziplock bag Freeze 6months NS&T(NOAA 1993);EPA 8270' Lipids Ziplmk bag Freeze N/A EPA 9071 ' Mercury Ziplock bag Freeze 6months EPA 245.6' Polychlorinated Biphenyls Ziplock bag Freeze 6months NS&T(NOAA 1993);EPA 8270" N/A=Not Applicable. Available online at .epa.gov. Laboratory Methods Individual fish were dissected in the laboratory under clean conditions. Muscle and liver tissues were analyzed for various parameters listed in Table A-9 using methods shown in Table A-8. Method blanks, analytical quality control samples (duplicates, matrix spikes, and blank spikes), and standard reference materials were prepared and analyzed with each sample batch. All reported concentrations are on a wet weight basis. Total dichlorodipheynitrichloroethane (tDDT) represents the summed values of 2,4- and 4,4'-isomers of DDD, DDE, and DDT and 4,4'-DDMU, total polychlorinated biphenyls (tPCB) represents the summed values of 44 congeners, and total chlordane represents the sum of 7 derivative compounds (cis- and trans-chlordane, cis- and trans-nonachlor, heptachlor, heptachlor epoxide, and oxychlordane). Organic contaminant data were not lipid normalized. Data Analyses All analytes that were undetected (i.e., value below the method detection limit) are reported as ND (not detected) in Tables 2-12 and 2-13. Further, an NO value was treated as zero for calculating a mean analyte concentration; however, if fish tissue samples had all NDs for a particular analyte, then the mean analyte concentration is reported as ND. Data analysis consisted of summary statistics (i.e., means and ranges) and qualitative comparisons only. The U.S. Food and Drug Administration (FDA)action levels for tDDT, tPCBs, methylmercury, dieldrin and total chlordane (FDA 2011), as well as the State of California Office of A.19 Table A-9. Parameters measured in fish tissue samples during 2014-15. Metals Arsenic Mercury Selenium' Chlorinated Pesticides Chlodane Derivatives antl Dieldrin cis-Chlordane Dieldrin cis-Nonachlor trans-Chlordane Heptachlor trans-Nonachlor Oxychlordane Heptachlor epoxide DDT Derivatives 2,4'-DDD(o,p'-DDD) 4,4'-DDE(p,p'-DDE) 4,4'-DDMU 4,4'-DDD(p,p'-DDD) 2,4'-DDT(o.p'-DDT) 2,4'-DDE(o,p'-DDE) 4,4'-DDT(p,p'-DDT) Polychlorinated Biphenyl(PCB)Congeners PCB 18 PCB 101 PCB 156 PCB 28 PCB 105 PCB 157 PCB 37 PCB 110 PCB 167 PCB 44 PCB 114 PCB 169 PCB 49 PCB 118 PCB 170 PCB 52 PCB 119 PCB 177 PCB 66 PCB 123 PCB 180 PCB 70 PCB 126 PCB 183 PCB 74 PCB 128 PCB 187 PCB 77 PCB 138 PCB 189 PCB 81 PCB 149 PCB 194 PCB 87 PCB 151 PCB 201 PCB 99 PCB 153/168 PCB 206 Other Parameter Lipids 'Analyzed only in rig-fish specimens. A2O Environmental Health Hazard Assessment (OEHHA) advisory tissue levels (ATLs) for selected fish contaminants (Klasing and Brodberg 2008), were used to assess human health risk. FISH HEALTH MONITORING Field Methods Assessment of the overall health of the fish population is also required by the NPDES permit. Consequently, all fish samples were visually inspected for large non-mobile external parasites, lesions, tumors, and other signs of disease (e.g., skeletal deformities). In addition, any atypical odor and coloration of fish samples were noted. Data Analyses Data analysis consisted of summary statistics and qualitative comparisons only. A.21 REFERENCES Allen,L.G.,D.J. Pondella II,and M.H.Horn, Eds. 2006. The Ecology of Marine Fishes: California and Adjacent Waters. University of California Press. Berkeley, CA. 660 p. Allen, M.J., R.W. Smith, and V. Raw-Rands. 2001. Development of biointegrity indices for marine demersal fish and megabenthic invertebrate assemblages of southern California. EPA grant X-989186-01- 0. Prepared for United States Environmental Protection Agency, Office of Science and Technology, Washington, DC. Southern California Coastal Water Research Project. Westminster, CA. APHA (American Public Health Association, American Water Works Association, and Water Environment Federation). 2012. Standard Methods for the Examination of Water and Wastewater, 22nd edition. American Public Health Association. Washington, D.C. Arkoosh,M.R.,E.Casillas,P.A.Huffman,E.R.Clemons,J.Evered,J.E.Stein,and U.Varanasi. 1998. Increased susceptibility of juvenile Chinook salmon from a contaminated estuary to Vibdo anguillarum. Trans. Am. Fish. Soc. 127:360-374. Bay, S.M., D.J. Greenstein, J.A. Ranasinghe, D.W. Diehl, and A.E. Fetscher. 2009. Sediment Quality Assessment Draft Technical Support Manual. Technical Report Number 582. Southern California Coastal Water Research Project. Costa Mesa, CA. Cadien,D.B.and L.L.Lovell,Eds. 2014. Ataxonomic listing of macro-and megainvertebrates from infaunal and epibenthic monitoring programs in the Southern California Bight. Edition 9. The Southern California Association of Marine Invertebrate Taxonomists. Los Angeles, CA. Clarke K.R. and R.M. Warwick. 2001. Change in marine communities: an approach to statistical analysis and interpretation: 2nd edition. Plymouth Marine Laboratory. Plymouth, United Kingdom. EPA(Environmental Protection Agency). 1994a. Water Quality Standards Handbook. EPA-823-B-94-005a. EPA. 1994b. Methods for Measuring the Toxicity and Bioaccumulation of Sediment-associated Contaminants with Estuarine and Marine Amphipods. EPA 600/R-94/025. FDA(Food and Drug Administration). 2011. Fish and Fishery Products Hazards and Controls Guidance: Fourth edition. Department of Health and Human Services.468 p. Hardy,J. 1993. Phytoplankton. In: Ecology of the Southern California Bight:A Synthesis and Interpretation(M.D. Dailey, D.J. Reish,and J.W.Anderson—Eds.). University of California Press. Berkeley, CA. P.233-265. IGODS. 2012. IGODS(Interactive Graphical Oman Database System)Version 3 Beta 4.44[software]. Ocean Software and Environmental Consulting. Los Angeles, CA. Klasing, S. and R. Brodberg. 2008. Development of Fish Contaminant Goals and Advisory Tissue Levels for common contaminants in California sport fish: Chlordane, DDTs, dieldrin, methylmercury, PCBs, selenium,and toxaphene. Office of Environmental Health Hazard Assessment,California Environmental Protection Agency. 115 p. Long,E.R.and D.D.MacDonald. 1998. Recommended uses of empirically derived,sediment quality guidelines for marine and estuarine ecosystems. Human and Ecol. Risk Assess.4:1019-1039. Long, E.R., D.D. McDonald, S.L. Smith, and F.C. Calder. 1995. Incidenm of adverse biological effects within ranges of chemical concentrations in marine and estuarine sediments. Environ. Manage. 19:81-97. Long, E.R., L.J. Field, and D.D. MacDonald. 1998. Predicting toxicity in marine sediments with numerical sediment quality guidelines. Environ. Toxicol. Chem. 17:714-727. A.22 MATLAB. 2007. MATLAB Version 7.4[software]. The Mathworks Inc. Natick, MA. Mearns,A.J. and M.J.Allen. 1978. Use of small otter trawls in coastal biological surveys. U.S. Environ. Prot. Agcy., Environ. Res. Lab. Corvallis, OR. EPA-600/3-78-083. 33 p. NOAA (National Oceanic and Atmospheric Administration). 1993. Sampling and analytical methods of the National Status and Trends Program National Benthic Surveillance and Mussel Watch Projects 1984- 1992: Overview and summary of methods, Volume I. NOAA Technical Memorandum NOS ORCA 71. Silver Spring, MD. OCSD (Orange County Sanitation District). 1999. Annual Report, July 1997-June 1998. Marine Monitoring. Fountain Valley, CA. OCSD. 2015. Environmental Laboratory and Ocean Monitoring Standard Operating Procedures. Fountain Valley, CA. Officer, C.B. 1976. Physical Oceanography of Estuaries and Associated Coastal Waters. John Wiley. New York. 465 p. Page, L.M., H. Espinosa-Perez, L.T. Findley, C.R. Gilbert, R.N. Lea, N.E. Mandrak, R.L. Mayden, and J.S. Nelson. 2013. Common and scientific names of fishes from the United States, Canada, and Mexico, T"Edition. American Fisheries Society Special Publication 34. 243 p. Plumb, R.H. 1981. Procedures for handling and chemical analysis of sediment and water samples. Tech. Rep. EPA/CE-81-1. Prepared by U.S.army Corps of Engineers, Waterways Experiment Station,Vicksburg, MS. 478 p. PRIMER. 2001. PRIMER Statistical Software Package Version 6 [software]. Plymouth Marine Laboratory. Plymouth, UK. Ranasinghe, J.A., A.M. Barnett, K. Schiff, D.E. Montagne, C.A. Brantley, C. Beegan, D.B. Cadien, C. Cash, G.B. Deets, D.R. Diener,T.K. Mikel, R.W. Smith, R.G.Velarde, S.D. Watts, and S.B. Weisberg. 2007. Southern California Bight 2003 Regional Monitoring Program: III. Benthic Macrofauna. Southern California Coastal Water Research Project. Costa Mesa, CA. Ranasinghe,J.A., K.C.Schiff,C.A. Brantley,L.L. Lovell, D.B.Cadien,T.K. Mikel, R.G.Velarde,S. Holt,and S.C. Johnson. 2012. Southern California Bight 2008 Regional Monitoring Program:VI.Benthic Macrofauna. Southern California Coastal Water Research Project. Costa Mesa, CA. SEASOFT 2014a. Seasoff CTD Data Acquisition Software, Version 7.23.2 [software]. Seabird Electronics, Inc. Bellevue, WA. SEASOFT 2014b. Seasoff CTD Data Processing Software, Version 7.23.2 [software]. Seabird Electronics, Inc. Bellevue, WA. Smith, R.W.,M.Bergen,S.B.Weisberg, D.Cadien,A.Dalkey, D. Montagne,J.K.Stull,and R.G.Velarde. 2001. Benthic response index for assessing infaunal communities on the southern California mainland shelf. Ecol.App/. 11:1073-1087. Swartz, R.C. 1978. Techniques for sampling and analyzing the marine macrobenthos. U.S. Environmental Protection Agency(EPA), Doc. EPA-600/3-78-030, EPA, Corvallis, Oregon. 27 p. SWRCB (State Water Resources Control Board, California Environmental Protection Agency). 2009. Water Quality Control Plan for Enclosed Bays and Estuaries—Part 1 Sediment Quality. Sacramento, CA. SWRCB. 2010. California Ocean Plan. Sacramento, CA. A.23 Word, J. 1978. The infaunal trophic index. Southern California Coastal Water Research Project Annual Report, 1979. Southern California Coastal Water Research Project. Long Beach, CA. Word,J.Q. 1990. The Infaunal Trophic Index.Afunctional approach to benthic community analyses[dissertation]. University of Washington. Seattle, WA. 297 p. Zar,J.H. 1999. Biostatistical Analysis. Prentice-Hall Publishers. Upper Saddle River,NJ. 663p.+Appendices. A.24 SUPPORTING DATA Appendix B Appendix B SUPPORTING DATA Table B-1. Depth-averaged total coliform bacteria counts (MPN/100 mL) collected in offshore waters and used for comparison with California Ocean Plan Water-Contact(REC-1) compliance criteria, July 2014 through June 2015. Meets 30-day Meets Single Meets Single Station Date Geometric Sample Sample Mean of Standard of Standard of 110001100 mL <10,000/100 mL 11000/100 mL' 8/6/2014 8/1212014 8/13/2014 8/14/2014 913/2014 2103 <10 <10 <10 <10 10 YES YES YES 2104 <10 10 <10 <10 <10 YES YES YES 2183 <10 <10 <10 <10 11 YES YES YES 2203 <10 <10 <10 <10 <10 YES YES YES 2223 <10 <10 <10 <10 <10 YES YES YES 2303 <10 <10 <10 <10 <10 YES YES YES 2351 <10 <10 <10 <10 <10 YES YES YES 2403 <10 <10 <10 <10 <10 YES YES YES 10/21/2014 1022/2014 1115/2014 1111212014 11113/2014 2103 39 29 40 <10 17 YES YES YES 21N 24 20 32 20 <10 YES YES YES 2183 21 16 222 14 11 YES YES YES 2203 <10 12 117 <10 12 YES YES YES 2223 <10 <10 606 12 <10 YES YES YES 2303 <10 <10 475 10 <10 YES YES YES 2351 <10 <10 168 <10 <10 YES YES YES 2403 <10 <10 88 10 10 YES YES YES 1/20/2015 2/32015 215/2015 2/9/2015 2(10/2015 2103 10 <10 <10 <10 10 YES YES YES 2104 21 <10 <10 36 46 YES YES YES 2183 10 <10 <10 <10 19 YES YES YES 2203 <10 <10 <10 11 <10 YES YES YES 2223 <10 <10 <10 <10 <10 YES YES YES 2303 <10 <10 <10 <10 <10 YES YES YES 2351 <10 <10 <10 <10 <10 YES YES YES 2403 <10 <10 <10 <10 <10 YES YES YES 4122/2015 423/2015 5/5/2015 5/15/2015 5/19/2015 2103 <10 <10 <10 10 11 YES YES YES 2104 <10 <10 16 <10 <10 YES YES YES 2183 <10 <10 11 11 14 YES YES YES 2203 <10 <10 <10 <10 <10 YES YES YES 2223 10 <10 <10 <10 <10 YES YES YES 2303 <10 <10 <10 <10 <10 YES YES YES 2351 <10 <10 <10 <10 <10 YES YES YES 2403 1 <10 <10 <10 <10 <10 YES YES YES 'Standard is based on when the single sample maximum fecal coliform/total coliform ratio>0.1. B.1 Table B-2. Depth-averaged fecal coliform bacteria counts(MPNI100 mL) collected in offshore waters and used for comparison with California Ocean Plan Water-Contact(REC-1) compliance criteria,July 2014 through June 2015. Meats 30+1ay Meets single sample Station Date Geometric Mean standard of 2001100 mL �001100 mL 8/6/2014 811212014 8113/2014 811V2014 9=014 2103 <10 <10 <10 <10 <10 YES YES 2104 <10 10 <10 <10 <10 YES YES 2183 <10 <10 00 <10 <10 YES YES 2203 <10 <10 00 <10 <10 YES YES 2223 <10 <10 00 <10 <10 YES YES 2303 <10 <10 <10 <10 <10 YES YES 2351 <10 <10 <10 <10 <10 YES YES 2403 <10 <10 <10 <10 <10 YES YES 10121 Q O 14 10/22/2014 11/5/2014 1111=014 1111=014 2103 12 <10 10 <10 <10 YES YES 2104 <10 16 <10 <10 <10 YES YES 2183 10 <10 <10 <10 <10 YES YES 2203 <10 <10 11 <10 00 YES YES 2223 00 <10 15 00 00 YES YES 2303 00 <10 12 00 00 YES YES 2351 00 <10 <10 00 <10 YES YES 2403 <10 <10 <10 00 <10 YES YES 1/20/2015 21=015 2/M015 V912015 V1012015 2103 <10 <10 C0 <10 <10 YES YES 2104 <10 <10 00 12 24 YES YES 2183 00 <10 00 <10 <10 YES YES 2203 00 <10 00 <10 <10 YES YES 2223 <10 <10 C0 <10 <10 YES YES 2303 00 <10 00 <10 <10 YES YES 2351 <10 CO C0 <10 <10 YES YES 2403 <10 CO C0 <10 <10 YES YES 4/22/2016 412312016 SM2015 6118/2015 61191201E 2103 00 00 <10 00 00 YES YES 21U <10 00 11 00 00 YES YES 2183 <10 00 <10 <10 11 YES YES 2203 <10 00 <10 <10 00 YES YES 2223 <10 00 <10 <10 00 YES YES 2303 <10 00 <10 <10 00 YES YES 2351 <10 00 <10 <10 00 YES YES 2403 00 <10 <10 <10 <10 YES YES B.2 Table B-3. Depth-averaged enterococci bacteria counts (MPN/100 mL)collected in offshore waters and used for comparison with California Ocean Plan Water-Contact(REC-1) compliance criteria and EPA Primary Recreation Criteria in Federal Waters, July 2014 through June 2015. Meets COP Meets COP Meets EPA 3 Station Date Geometric single sample single sample Mean of standard of standard of 535/100 mL 11091100 mL <501/100 mL` 8/6/2014 8/1212014 8M ML014 W1412014 9/3M8014 2103 <10 <10 <10 <10 <10 YES YES YES 2104 <10 <10 <10 <10 <10 YES YES YES 2183 00 00 00 00 00 YES YES YES 2203 <10 <10 00 <10 <10 YES YES YES 2223 10 <10 <10 <10 <10 YES YES YES 2303 <10 00 <10 <10 <10 YES YES YES 2351 00 00 00 11 00 YES YES YES 2403 <10 <10 00 <10 <10 YES YES YES 10/21/2014 10/22/2014 11/6/2014 11/1212014 11/1312014 2103 <10 <10 00 <10 <10 YES YES YES 2104 00 00 00 00 00 YES YES YES 2183 <10 <10 <10 <10 <10 YES YES YES 2203 <10 <10 <10 <10 <10 YES YES YES 2223 <10 <10 00 <10 <10 YES YES YES 2303 00 00 00 00 00 YES YES YES 2351 <10 <10 <10 <10 <10 YES YES YES 2403 <10 <10 <10 <10 <10 YES YES YES M012015 2/3/2015 215/2015 2/9/2015 2/10/2015 2103 10 <10 <10 <10 <10 YES YES YES 2104 <10 <10 <10 <10 11 YES YES YES 2183 <10 00 <10 00 00 YES YES YES 2203 00 <10 00 00 <10 YES YES YES 2223 <10 <10 <10 <10 <10 YES YES YES 2303 <10 <10 <10 <10 <10 YES YES YES 2351 00 00 00 00 00 YES YES YES 2403 <10 <10 <10 00 <10 YES YES YES 4ML2J2015 4/23/2015 5/5/2015 5118/2015 5119/2015 2103 <10 <10 <10 <10 <10 YES YES YES 2104 <10 <10 00 <10 <10 YES YES YES 2183 00 00 <10 00 00 YES YES YES 2203 <10 <10 <10 <10 <10 YES YES YES 2223 10 <10 <10 <10 <10 YES YES YES 2303 <10 <10 <10 <10 <10 YES YES YES 2351 <10 <10 <10 00 00 YES YES YES 2403 00 00 <10 00 00 YES YES YES Standard is based on area of infrequent use. B.3 Table B-4. Summary of floatable material by station group observed during the 28-station grid water quality surveys, July 2014 through June 2015. Station Group Upcoast Upcoast Nearfield Nearfield Downcoast Downcoast Offshore Nearshore Offshore Wlthln ZlD Nearshore Offshore Nearshore Surface Observation 2225,2226 2223,2224 Totals 2305,2306 2303,2304 2208 2205 2203 2204 2105,2106 2103,2104 2353,2354 2351,2352 , 2185,2186 2183,2184 2405,2406 2403,2404 Oil and Grease 0 0 0 0 0 0 0 0 Tresh/Debrls(black tar, 1 2 0 1 0 0 2 6 ash from brush fires)' Biological Material(kelp) 3 3 1 0 0 2 2 11 Totals 4 5 1 1 0 2 4 17 'Concluded to be not of sewage origin. Table B-5. Summary of floatable material by station group observed during the REC-1 water quality surveys,July 2014 through June 2015. 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F w w w B20 | ! _ AV V4 ! ! ; ; ; 1 , : l ; l ; ; l : ! l � ; i ; ; ; ; ; r • ; ! ; ! ; l � ; l7 ; , , , , , l ; , , , ! l , , , , , , , l , , , , , , _ , , ; „ ! « , _ ,) , _ , , : . , ! ; , , , , , „ _ , , , , ! „ > , , , , , _ ! , „ § ! ! l , l ; , > ; = ! l = ; ; ; . , ; ; l . , l ; ! ! _ . . ; ! ; ! ! . > , . , ! ; . l ; ; ; ; ; • ; r = ; , ; l ; ! , ; \ . , , , , , , , , . , , l � , ; , , , vv v ) § ! ! ! ! ! ; s This page intentionally left blank. QUALITY ASSURANCE/QUALITY CONTROL Appendix C Appendix C QUALITY ASSURANCE/QUALITY CONTROL INTRODUCTION This appendix details quality assurance/quality control (QA/QC) information for the collection and analyses of water quality, sediment geochemistry, tissue chemistry, benthic infauna, and trawl fish and invertebrate samples for the Orange County Sanitation District's (District) 2014-15 ocean monitoring program. The Core monitoring program is designed to measure compliance with permit conditions and for temporal and spatial trend analysis. The program includes measurements of: • Water quality; Sediment quality; • Benthic infaunal community health; • Fish and macroinvertebrate community health; • Fish tissue contaminant concentrations (chemical body burden); and • Fish health (including external parasites and diseases). The Core monitoring program complies with the District's Quality Assurance Project Plan (QAPP) (OCSD 2014) requirements and applicable federal, state, local, and contract requirements. The objectives of the quality assurance program are as follows: • Scientific data generated will be of sufficient quality to stand up to scientific and legal scrutiny. • Data will be gathered or developed in accordance with procedures appropriate for the intended use of the data. • Data will be of known and acceptable precision, accuracy, representativeness, completeness, and comparability as required by the program. The various aspects of the program are conducted on a schedule that varies weekly, monthly, quarterly,semi-annually,and annually. Sampling and data analysis are designated by quarters 1 through 4, which are representative of the summer (July—September), fall (October— December), winter (January—March), and spring (April—June) seasons, respectively. Tables C-1 and C-2 show that all required samples, excluding those for trawl bioaccumulation, were collected in 2014-15. Not all required English Sole bioaccumulation samples were collected at outfall (n=9) and non-outfall (n=2) stations despite the fact that 5 trawls were conducted at each station. CA Table C-1. Ocean monitoring program sample collection requirements and percent completion for water quality, July 2014—June 2015. Nominal#of #of Samples Nominal#of QA #of %Samples Quarter Program Type Parameter Samples Collected Duplicates Duplicates Collected Collected CTD Drops 146 146 15 15 100 Summer Water Quality Ammonium 450 450 45 45 100 Bacteria 175 175 N/A N/A 100 CTD Drops 146 146 15 15 100 Fell Water Quality Ammonium 450 450 45 45 100 Bacteria 175 175 N/A N/A 100 CTD Drops 146 146 15 15 100 Winter Water Quality Ammonium 450 450 45 45 100 Bacteria 175 175 N/A N/A 100 CTD Drops 146 146 15 15 100 Spring Water Quality Ammonium 450 450 45 45 100 Bacteria 175 175 N/A N/A 100 'CA samples were collected at 10%of nominal sampling requirement. N/A=Not Applicable. Table C-2. Ocean monitoring program sample collection requirements and percent completion for sediment geochemistry, infauna, sediment toxicity,trawl community,trawl fish tissue, and sport fish tissue, July 2014June 2015. Quarter Program Type Target fish Nominal#of #of Samples %Samples Samples Collected Collected Sediment Geochemistry N/A 68 68 100 Summer Benthic infauna N/A 68 68 100 TraM Community N/A 14 14 100 Sediment Geochemistry N/A 29 29 100 Senthic infauna N/A 29 29 100 Sediment Toxicity N/A 9 9 100 TraM Community N/A 6 6 100 Winter Hornyhead Turbot 20 20 100 TmM Fish Tissue English Sole 20 11 55 Sport Fish Tissue(Zone 1) Rockfish 10 10 100 Sport Fish Tissue(Zone 3) Rockfish 10 10 100 N/A=Not Applicable. C.2 WATER QUALITY NARRATIVE Ammonium Introduction All ammonium samples were iced upon collection, preserved with 1:1 sulfuric acid upon receipt by the Environmental Laboratory and Ocean Monitoring (ELOM) laboratory staff, and stored at 4±2 °C until analysis according to ELOM Standard Operating Procedures (SOPS) (OCSD 2015). Analytical Method -Ammonium The samples were analyzed for ammonium on a segmented flow analyzer using SOP 4500- NH3 G. In the analysis, sodium phenolate and sodium hypochlorite reacted with ammonium to form indophenol blue in a concentration proportional to the ammonium concentration in the sample. The blue color was intensified with the addition of sodium nitroprusside and was measured at 660 nm. QA/QC -Ammonium Atypical sample batch included a blank at a maximum of every 20 samples,a monthly external reference standard, and a spike in seawater collected from a control site at a maximum of every 20 samples. One spike and 1 spike replicate were added to the batch every 10 samples. The method detection limit (MDL) for ammonium samples is shown in Table C-3. All samples were analyzed within the required holding time. All 161 analyses met the QA/QC criteria for blanks, blank spikes, and external reference sample (Table C4). Table C-3. Method detection limits (MDLs)for ammonium and bacteria in receiving water,July 2014-June 2015. Parameter MDL Ammonium 0.02 mg/L Total coliform 10 MPN/100 mL E. coli 10 MPN/100 mL Enterococci 10 MPN/100 mL Bacteria Introduction All bacteria samples were iced upon collection and stored at <10 °C until analysis following ELOM SOPS. Analytical Method Samples collected offshore were analyzed for bacteria using EnterolertT" for enterococci and Colilert-18TM for total coliforms and Escherichia coli. Fecal coliforms were estimated by multiplying the Escherichia coli result by a factor of 1.1. These methods utilize enzyme substrates that produce, upon hydrolyzation, a fluorescent signal when viewed under long- C.3 Table C-4. Water quality ammonium QA/QC summary,July 2014-,tune 2015. Numberof Numberof Target Target Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision Tested Passed %Recovery %RPD Blank 5 5 <2X MDL N/A Blank Spike 5 5 90-110 N/A Summer NH3WQ140807-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Dup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Summer NH3WQ140811-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 5 5 <2X MDL N/A Blank Spike 5 5 90-110 N/A Summer NH3WQ140812-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Dup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Summer NH3WQ140820-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Summer NH3WQ140903-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 5 5 <2X MDL N/A Blank Spike 5 5 90-110 N/A Summer NH3WQ140904-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Dup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 3 3 <2X MDL N/A Blank Spike 3 3 90-110 N/A Summer NH3WQ140909-1 Ammonium Matrix Spike 5 5 80-120 N/A Matrix Spike Dup 5 5 80-120 N/A Matrix Spike Precision 5 5 N/A <11% Blank 8 8 <2X MDL N/A Blank Spike 8 8 90-110 N/A Summer NH3WQ140925-1 Ammonium Matrix Spike 16 16 80-120 N/A Matrix Spike Dup 16 16 80-120 N/A Matrix Spike Precision 16 16 N/A <11% Table C-4 continues. CA Table C-4 continued. Numberof Numberof Target Target Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision Tested Passed %Recovery %RPD Blank 5 5 <2X MDL N/A Blank Spike 5 5 90-110 N/A Fall NH3WQ141023-1 Ammonium Mattlx Spike 9 9 80-120 N/A Matrix Spike Dup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Fall NH3WQ141028-1 Ammonium Mattlx Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Fall NH3WQ141029-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Fall NH3WQ141118-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Dup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Fall NH3WQ141120-1 Ammonium Mattlx Spike 8 8 80-120 N/A Matrix Spike Dup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Fall NH3WQ141205-1 Ammonium Mattlx Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Fall NH3WQ141209-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 8 8 <2X MDL N/A Blank Spike 8 8 90-110 N/A Fall NH3WQ141216-1 Ammonium Matrix Spike 16 16 80-120 N/A Matrix Spike Dup 16 16 80-120 N/A Matrix Spike Precision 16 16 N/A <11% Table C-4 continues. C.5 Table C-4 continued. Numberof Numberof Target Target Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision Tested Passed %Recovery %RPD Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150129-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Cup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150203-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Cup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150206-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Cup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 5 5 <2X MDL N/A Blank Spike 5 5 90-110 N/A Winter NH3WQ150218-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Cup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150219-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Cup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150225-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Cup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150302-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Cup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 5 5 <2X MDL N/A Blank Spike 5 5 90-110 N/A Winter NH3WQ150421-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Cup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 4 4 <2X MDL N/A Blank Spike 4 4 90-110 N/A Winter NH3WQ150422-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Cup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Table C-4 continues. C.6 Table C-4 continued. Numberof Numberof Target Target Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision Tested Passed %Recovery %RPD Blank 5 5 12X MDL N/A Blank Spike 5 5 W-110 N/A Spring NH3WQ150512-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Dup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 4 4 <2%MDL N/A Blank Spike 4 4 90-110 N/A Spring NH3WQ150513-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Dup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 5 5 <2%MDL N/A Blank Spike 5 5 90-110 N/A Spring NH3WQ150518-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Dup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 5 5 <2%MDL N/A Blank Spike 5 5 90-110 N/A Spring NH3WQ150519-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Dup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 5 5 <2%MDL N/A Blank Spike 5 5 90-110 N/A Spring NH3WQ150527-1 Ammonium Matrix Spike 8 8 80-120 N/A Matrix Spike Dup 8 8 80-120 N/A Matrix Spike Precision 8 8 N/A <11% Blank 4 4 <2%MDL N/A Blank Spike 4 4 90-110 N/A Spring NH3WQ150528-1 Ammonium Matrix Spike 7 7 80-120 N/A Matrix Spike Dup 7 7 80-120 N/A Matrix Spike Precision 7 7 N/A <11% Blank 5 5 <2%MDL N/A Blank Spike 5 5 90-110 N/A Spring NH3WQ150529-1 Ammonium Matrix Spike 9 9 80-120 N/A Matrix Spike Dup 9 9 80-120 N/A Matrix Spike Precision 9 9 N/A <11% Blank 3 3 <2%MDL N/A Blank Spike 3 3 90-110 N/A Spring NH3WQ150601-1 Ammonium Matrix Spike 6 6 80-120 N/A Matrix Spike Dup 6 6 80-120 N/A Matrix Spike Precision 6 6 N/A <11% Blank 3 3 <2%MDL N/A Blank Spike 3 3 90-110 N/A Spring NH3WQ150602-1 Ammonium Matrix Spike 6 6 80-120 N/A Matrix Spike Dup 6 6 80-120 N/A Matrix Spike Precision 6 6 N/A <11 Table C4 continues. C.7 Table C-4 continued. Numberof Numberof Target Target Quarter Sample Set Parameter Description Compounds Compounds Accuracy Precision Tested Passed %Recovery %RPD Blank 6 6 12%MDL N/A Blank Spike 6 6 90-110 N/A Spring NH3WQ1506241 Ammonium Matrix Spike 11 11 80-120 N/A Matrix Spike Dup 11 11 80-120 N/A Matdx Spike Precision 11 11 N/A <11% Blank 3 3 <2%MDL N/A Blank Spike 3 3 90-110 N/A Spring NHMQ150625-1 Ammonium Matrix Spike 5 5 80-120 N/A Matrix Spike Dup 5 5 80-120 N/A Matrix Spike Precision 5 5 N/A <11% N/A=Not Applicable. wavelength (365 nm) ultraviolet light. For samples collected along the surfzone, samples were analyzed by culture-based methods for direct count of bacteria. EPA Method 1600 was applied to enumerate enterococci bacteria. For enumeration of total and fecal coliforms, respectively, Standards Methods 9222B and 9222D were used. MDLs for bacteria are presented in Table C-3. QA/QC All samples were analyzed within the required holding time. Recreational (REC-1) samples were processed and incubated within 8 hours of sample collection. Duplicate analyses were performed on a minimum of 10% of samples with at least 1 sample per sample batch. All equipment, reagents, and dilution waters used for sample analyses were sterilized before use. Each lot of medium was tested for sterility and performance with known positive and negative controls prior to use. For surfzone samples, a positive and a negative control were run simultaneously with each batch of sample for each type of media used to ensure performance. New lots of Quanti-Tray and petri dish were checked for sterility before use. Each Quanti-Tray sealer was checked monthly by addition of Gram stain dye to 100 mL of water, and the tray was sealed and subsequently checked for leaking. Each lot of dilution blanks commercially purchased was checked for appropriate volume. New lots of <_10 mL volume pipettes were checked for accuracy by weighing volume delivery on a calibrated top loading scale. C.8 SEDIMENT GEOCHEMISTRY CHEMISTRY NARRATIVE First Quarter Semi-annual Collection (July 2014) Introduction All samples were collected and stored according to ELOM SOPS. All samples were analyzed for organochlorine pesticides,polychlorinated biphenyl congeners(PCBs), polycyclic aromatic hydrocarbons (PAHs), linear alkylbenzenes (LABs), trace metals, mercury, dissolved sulfides (DS), total organic carbon (TOC), total nitrogen (TN), total phosphorus (TP), and grain size. Analytical Methods— PAHs and LABS The analytical methods used to detect PAHs and LABs in the samples are described in the ELOM SOPS. All sediment samples were extracted using an accelerated solvent extractor (ASE). Approximately 10 g dry weight of sample was used for each analysis. A separatory funnel extraction was performed using 100 mL of sample when field and rinse blanks were included in the batch. Atypical sample batch included 20 field samples with required QC samples. Sample batches for PAHs included the following QC samples: 1 sand blank, 1 reporting level spike, 2 standard reference materials (SRMs), 1 matrix spike set, and 2 sample extraction duplicates. There was 1 batch extracted and analyzed for PAHs. MDLs for PAHs are presented in Table C-5. Acceptance criteria for PAH SRMs are presented in Tables C-6. QC samples for LAB analyses included 1 sand blank, 1 reporting level spike, 2 SRMs, 1 matrix spike set, and 2 sample extraction duplicates. MDLs for LABS are presented in Table C-5. Sediment PAH and LAB QA/QC summary data are shown in Table C-7. All analyses were performed within holding times and with appropriate quality control measures. Any variances are noted in the footnotes of Table C-7. Analytical Methods - Organochlorine Pesticides and PCB Congeners The analytical methods used to process the samples for organochlorine pesticides and PCB congeners are described in the ELOM SOPS. Sediment samples were extracted within their holding time using an ASE. All sediment extracts were analyzed by GC/MS. Approximately 10 g dry weight of sample was used for each analysis. If a field blank and rinse were included in the batch, a separatory funnel extraction was performed using 100 mL of sample. A typical sample batch consisted of 20 field samples with required QC samples, which included 1 sand blank, 2 SRMs, 1 reporting level spike, 2 matrix spike set, and 2 duplicate sample extractions. MDLs for PCBs/pesticides are presented in Table C-5. Acceptance criteria for PCB/pesticide SRMs are presented in Tables C-S. Sediment PCB/pesticide QA/QC summary data are presented in Table C-9. All analyses were performed within holding times and with appropriate quality control measures. When C.9 Table C-S. Method detection limits(MDLs)for PAHs, LABS, pesticides, and PCBs in sediments, July 2014-June 2015. Parameter (nglg wet weight) Parameter (ng/g wept weight) PAH Compounds Acenaphthene 0.4 Fluoranthene 0.4 Acenaphthylene 0.4 Fluorene 0.4 Anthramne 0.3 Indeno[1,2,3-c,d]pyrene 0.3 Benz[a]anthmcene 0.2 Naphthalene 1.1 Benzo[alPyrene 0.2 Perylene 0.6 Benzo[b]0uorenthene 0.4 Phenanthrene 0.8 Benzo[e]pyrene 0.4 Pyrene 0.2 Benzo[g,h,i]perylene 0.4 1-Methylnaphthalene 0.5 Benzo[k]0uomnthene 0.5 2-Methylnaphthalene 0.9 Biphenyl 0.8 2,6-Dimethylnaphthalene 0.4 Chrysene 0.3 1,6,7-Trimethylnaphthalene 0.4 Dibenz[a,h]anthrecene 0.2 2,3,6-Trimethylnaphthalene 0.5 DibenzDthiophene 0.3 1-Methylphenanthrene 0.5 LAB Compounds 2-Phenyldecane 0.1 6-Phenylleh'adecane 0.1 3-Phenyidemne 0.1 ]-Phenylletadecane 0.1 4-Phenyldemne 0.1 2-Phenyltidemne 0.3 5-Phenyldecane 0.1 3-Phenyltidecane 0.2 2-Phenyldotlecane 0.3 4-Phenylhidecane 0.3 3-Phenyldotlecane 0.1 5-Phenylhidecane 0.4 4-Phenyldotlecane 0.2 1+6-Phenylhidecane 1.0 5-Phenyldotlecane 0.3 2-Phenylundecane 0.2 6-Phenyldotlecane 0.3 3-Phenylundecane 0.1 2-Phenyltetradecane 0.1 4-Phenylundecane 0.1 3-Phenyltehadecane 0.1 5-Phenylundecane 0.1 4-Phenylte"decane 0.1 6-Phenylundecane 0.1 5-Phenyltetradecane 0.1 Pesticides Aldrin 0.34 Hexachlorcbenzene 0.75 cis-Chlordane 0.38 Mires 0.26 trans-Chlordane 0.38 trana-Nonachlor 0.32 Dieldrin 0.48 2,4'-DDD 0.41 Endosul(an-alpha 0.46 4,4'-DDD 0.48 Endosuffan-beta 0.32 2,4'-DDE 0.32 Endosul(an-suffate 0.45 4,4'-DDE 0.30 Endrin 0.46 2,4'-DDT 0.32 gdmma-BHC 0.42 4,4'-DDT 0.48 Heptachlor 0.43 4,4'-DDMU 0.35 Heptachlor epoxide 0.50 Table C-5 continues. C.10 Table C-5 continued. Parameter ML (ng/g Wept vreIght) Parameter (nglg watt weight) PCB Congeners PCB 18 0.16 PCB 126 0.22 PCB 28 0.18 PCB 128 0.21 PCB 37 0.16 PCB 138 0.17 PCB 44 0.16 PCB 149 0.17 PCB 49 0.16 PCB 151 0.19 PCB 52 0.17 PCB 153/168 0.34 PCB 66 0.18 PCs 1% 0.20 PCB 70 0.18 PCB 157 0.19 PCB 74 0.18 PCs 167 0.20 PCs 77 0.18 PCs 169 0.22 PCB 81 0.18 PCB 170 0.21 PCB 87 0.18 PCB 177 0.21 PCs 99 0.18 PCB 180 0.20 PCB 101 0.19 PCB 183 0.19 PCB 105 0.17 PCB 187 0.21 PCB 110 0.17 PCB 189 0.19 PCB 114 0.20 PCB 194 0.18 PCB 118 0.18 PCB 201 0.22 PCB 119 0.19 PCB 206 0.24 PCB 123 0.18 C.11 Table C-6. Acceptance criteria for standard reference materials of PAH in sediments, July 2014—June 2015. Acceptance Range -T Parameter True Value (ngtg) n91g) Minimum I Maximum SRM 1941b;Organics in Marine Sediment,National Institute of Standards and Technology Acenaphthene' 38A 33.2 43.6 Acenaphthylene 53.3 46.9 597 Anthramne' 184 166 202 Benz[a]arnmacene 335 310 360 Benzolalpyrene 358 341 375 Benzo(bl0uoranthene 453 432 474 Benzo(elpyrene 325 300 350 Benzo(g,h,i)perylene 307 262 352 Benzo[k]0uomnthene 225 207 243 Biphenyl` 74 66 82 Chrysene 291 260 322 Dibenz[a,h]anthracene 53 43 63 Fluoranthene 651 601 701 Fluomne` 85 70 100 Indeno[1,2,3-c,d]pyrene 341 284 398 Naphthalene` 948 753 943 Perylene 397 352 442 Phenanthrene 406 362 450 Pymne 581 542 620 1-Methylnaphthalene` 127 113 141 2-Methylnaphthalene` 276 223 329 2,6-Dimethylnaphthalene' 75.9 71.4 80.4 1,6,7-Trimethylnair halene' 25.5 20.4 30.6 1-Methylphenanlhmne` 73.2 67.3 79.1 Percent Dry Weight 1.3 Table C-6 Continues. C.12 Table C-6 Continued. Acceptance Range Parameter True Value (n9/9) (og'M Minimum Maximum SRM 1944; New YorldNew Jersey Waterway Sediment,National Institute of Standards and Technology Acenaphthene• 390 360 420 Anthracene' 1130 1060 1200 Benz[a]anihmcene 4720 4610 4830 Benzo[a]pyrene 4300 4170 4430 Benzolb]fluoranthene 3870 3450 4290 Benzo[e]pyrene 3280 3170 3390 Benzo[g,h,i]perylene 2B40 2740 2940 Benzo[k]fluomnthene 2300 2100 2500 Biphenyl' 250 230 270 Chrysene 4860 4760 4960 Dibeoa]a,h]anthracene 424 355 493 Dibenzothiophene 500 470 530 Fluoranthene 8920 8600 9240 Fluorene" 480 440 520 Indeno[1,2,3-c,d]pyrene 2780 2680 2880 Naphthalene' 1280 1240 1320 Perylene 1170 930 1410 Phenanthrene 5270 5050 5490 Pyrene 9700 9280 10120 1-Methylnaphthalene' 470 450 490 2-Methylnaphthalene' 740 680 800 1-Methylphenanthrene' 1700 1600 1800 Percent Dry Weight 1.3 'Non-certified values provided for this analyte. C.13 ! ! « ! | < � � < x < < < � � ! | � ! {■ Z � � /} > ! > ! ƒf ! ! ! > /} > ! > ! ƒf ! / 42 � a � § : : �� � � � � /\ 16 § ! j . . . . ) § | I!! I!! ! ! ! Ii! � ! � 10 \ § 2 ( \ ( / \ ! . § ! / | // ®< g4 : ) ! ) ! ) ! § f{ ; il ; ! ! zKzzz ; i# ® ) ] [§ � \ � . ® . .E® {b $ {/ � { { a = { \ ) ! ! / \ / ) z \) � i $ \\ � / ) Z � } ) \\10 - - ! !!« / | ) |\ / § I ) |\ \ ) | ) 44 \ ( � /) \{/ § ) )) |!\ pr ! ! R ! ! ! \ \ \ mzto § | ! ! ! # :E 2 m 5: { i e, Table C-B. Acceptance criteria for standard reference materials of PCB/pesticides in sediments, July 2014-June 2015. Acceptance Range Parameter True Value (ngtg) ^9l9) Minimum Maximum SRM 1941b;Organics in Marine Sediment,National Institute of Standards and Technology cis-Chlordane 0.85 0.74 0.96 trans-Chlordane 0.57 0.47 0.66 Hexachlorobenzene 5.83 5.45 6.21 cis-Nonachlor 3.70 3.00 4.40 trans-Nonachlor 0.44 0.37 0.51 4,4'-DDD 4.66 4.20 5.12 2,4'-DDE` 0.38 0.26 0.50 4,4'-DDE 3.22 2.94 3.50 4,4'-DDT' 1.12 0.70 1.54 PCB 18 2.39 2.10 2.68 PCB 28 4.52 3.95 5.09 PCB 44 3.85 3.65 4.05 PCB 49 4.34 4.06 4.62 PCB 52 5.24 4.96 5.52 PCB 66 4.96 4.43 5.49 PCB 70- 4.99 4.7 5.28 PCB 74` 2.04 1.89 2.19 PCB 77' 0.31 0.28 0.34 PCB 8 1.65 1.46 1.84 PCB 87 1.14 0.98 1.30 PCB 99 2.90 2.54 3.26 PCB 101 5.11 4.77 5.45 PCB 105 1.43 1.33 1.53 PCB 110 4.62 4.26 4.98 PCB 118 4.23 4.04 4.42 PCB 128 0.70 0.65 0.74 PCB 138 3.60 3.32 3.88 PCB 149 4.35 4.09 4.61 PCB 153/168 5.47 5.15 5.79 PCB 156 0.51 0.42 0.60 PCB 158' 0.65 0.50 0.80 PCB 170 1.35 1.26 1.44 PCB 180 3.24 2.73 3.75 PCB 183 0.98 0.89 1.07 PCB 187 2.17 1.95 2.39 PCB 194 1.04 0.98 1.10 PCB 195 0.65 0.59 0.71 PCB 201 0.78 0.74 0.81 PCB 206 2.42 2.23 2.61 PCB 209 4.86 4.41 5.31 Percent Dry Weight 1.3 Table C-S continues. C.16 Table C-8 continued Acceptance Range Parameter True Value (ng/g) (ng/g) Minimum Maximum SRM 1941b;Organics in Marine Sediment,National Institute of Standards and Technology cts-Chlordane 16.51 15.68 17.34 trans-Chlordane 19 17.3 20.7 gamma-BHC' 2 1.7 2.3 Hexachlorobenzene 6.03 5.68 6.38 cts-Nonachlor' 3.70 3.00 4A0 trans-Nonachlor 8.2 7.69 8.71 2,4'-DDD' 38 30.00 46 2,4'-DDE' 19 16 22.00 4,4'-DDD" 108 92.00 124 4,4'-DDE' 86 74.00 98 4,4'-DDT' 170 138 202 PCs 22.3 20 24.6 PCB 18 51 48.4 53.6 PCB 28 80.8 78.1 83.5 PCB 44 60.2 58.2 62.2 PCB 49 53 51.3 54.7 PCB 52 79.4 77.4 81.4 PCB 66 71.9 67.6 76.2 PCB 87 29.9 25.6 34.2 PCB 99 37.5 35.1 39.90 PCB 101 73.40 70.9 75.9 PCB 105 24.5 23.4 25.6 PCB 110 63.5 58.8 68.2 PCB 118 58 53.7 62.3 PCB 128 8.47 8.19 8.75 PCB 138 62.1 59.1 65.1 PCB 149 49.70 48.5 50.9 PCB 151 16.93 16.57 17.29 PCB 1531168 74 71.1 76.9 PCB 156 6.52 5.86 7.18 PCB 170 22.6 21.20 24.00 PCB 180 44.3 43.1 45.5 PCB 183 12.19 11.62 12.76 PCB 187 25.1 24.1 26.1 PCB 194 11.2 9.8 12.6 PCB 195 3.75 3.36 4.14 PCB 206 9.21 8.7 9.72 PCB 209 6.81 6.48 7.14 Percent Dry Weight 1.3 'Non-certified values provided for this analyte. C.17 w om ow o � eo � E sE sE c Z Z Z Z N �d. Z Z Z Z Z N �4 Z Z d= 3` E e E � u' F e• O N O U a b d z z w x z z ° v K F Od Od oc 'oa p �d pp p p pp p o � Ea N z U m C °a�a O a y p N . N N � m � E~ c �u w `o U 6 % % % V a g E a (y 02 E E O N w m v m E m= m9 m= a m m a ua as as U a c z a rc Ew LLI nl LLI m E W N U C E E E m m E E E C.18 ¢ ¢ ¢ ¢ o x d ¢ d Z Z Z Z N �4 Z Z Z Z Z N �4 Z Z Z Z Z N ad Z FN v N m a v T > g > y > d 0 Q t w N_ N_ N_ z z Z z a v n d da da Z z o d F e N L N L 0a p p� p m pp p pp Z V 9 ym C9 pp � O~ �u x x x a Q O 0 4t E y 4t 0 E y 0 0 2 2 E O N Q w9 E mo m9 m= m a ua as as n c F m LL LL LL y I I I ti d e S °e m - a N U = T E YQ U C Eo $ °' 10 Em3 3 3 mz F �z C.19 constituent concentrations exceeded the calibration range of the instrument, dilutions were performed and the samples reanalyzed. Any variances are noted in Table C-9. Analytical Methods -Trace Metals Dried sediment samples were analyzed for trace metals in accordance with methods in the ELOM SOPS. A typical sample batch for silver, cadmium, chromium, copper, nickel, lead, zinc, selenium, arsenic, and beryllium analyses included 3 blanks, a blank spike, and 1 SRM. Additionally, duplicate samples, spiked samples and duplicate spiked samples were analyzed a minimum of once every 10 sediment samples. QC for a typical sample batch for aluminum and iron analyses included 3 blanks, an SRM, sediment samples with duplicates, spiked samples, and duplicate spiked samples analyzed a minimum of once every 10 sediment samples. The analysis of the blank spike and SRM provided a measure of the accuracy of the analysis. The analysis of the sample, its duplicate, and the 2 spiked samples were evaluated for precision. The samples that were spiked with aluminum and iron were not evaluated for spike recoveries because the spike levels were extremely low (20 mg/kg dry weight) compared to the concentrations of aluminum and iron in the native samples (5,000 and 35,000 mg/kg dry weight). All samples were analyzed within their 6-month holding times. If any analyte exceeded the appropriate calibration curve and Linear Dynamic Range, the sample was diluted and reanalyzed. MDLs for metals are presented in Table C-10. Acceptance criteria for trace metal SRMs are presented in Table C-11. The digested samples were analyzed for silver, cadmium, chromium, copper, nickel, lead, zinc, selenium, arsenic, and beryllium by inductively coupled mass spectroscopy (ICPMS). Aluminum and iron were analyzed using inductively coupled emission spectroscopy(ICPES). Table C-10. Method detection limits(MDLs)for trace metals in sediments, July 2014-June 2015. Parameter MDL (mg/kg dry weight) Aluminum 50 Antimony 0.10 Arsenic 0.15 Barium 0.10 Beryllium 0.01 Cadmium 0.01 Chromium 0.15 Copper 0.10 Iron 50 Lead 0.10 Mercury 0.00 Nickel 0.10 Selenium 0.15 Silver 0.02 Zinc 0.15 C.20 Table C-11. Acceptance criteria for standard reference materials of metals in sediments,July 2014—June 2015. Environmental Resource Associates D074-540 Priority PollutnTrm/CLP Inorganic Soils—Microwave Digestion Environmental Resource Associates Certified Acceptance Criteria Parameter True Value (mg/kg) (nrg/kg) Min. Max. Aluminum 9510 4160 14800 Antimony 72.9 18.7 206 Arsenic 161 114 209 Barium 385 286 484 Beryllium 146 110 182 Cadmium 149 110 191 Chromium 180 127 233 Copper 162 122 207 Iron 13000 4220 21800 Lead 103 73 132 Nickel 133 97.4 172 Mercury 3.73 1.9 5.55 Selenium 153 103 202 Silver 71.1 47.8 94.5 Zinc 352 254 450 Sediment trace metal QA/QC summary data are presented in Table C-12. Analytical Methods - Mercury Dried sediment samples were analyzed for mercury in accordance with methods described in the ELOM SOPS. QC for a typical batch included a blank, blank spike, and SRM. Sediment samples with duplicates,spiked samples and duplicate spiked samples were run approximately once every 10 sediment samples. All samples were analyzed within their 6-month holding time. When sample mercury concentration exceeded the appropriate calibration curve, the sample was diluted with the reagent blank and reanalyzed. The samples were analyzed for mercury on a Perkin Elmer FIMS 400 system. The MDL for sediment mercury is presented in Table C-10. Acceptance criteria for mercury SRM is presented in Table C-11. All QA/QC summary data are presented in Table C-12. All samples, with some noted exceptions, met the QA/QC criteria guidelines for accuracy and precision. Analytical Methods - Dissolved Sulfides Dissolved sulfides(DS)samples were analyzed in accordance with methods described in the ELOM SOPS. The MDL for DS is presented in Table C-13. Sediment DS QA/QC summary C.21 \ _ ! ; ! ) ; vx ; ; ) ; ; § § ) ! ) ; ! v } \ - & & Al \ § \ } / / ® ® {\ \ § z \\ \ } / / ; ; k � /� ° „ � � � � � - a ; a � � � � , � a = = _ _ _ _ _ , _ ! ! _ _ ! _ # ! _ - - _ ■ § ! - - - - � - - no � - - - - \ ) # ) Qb &gt ! ) / / / \ \ \ 2 { / { { E c ! \ \ ! ! /! » = � m « \f , ( \ \ � ! | /i!f\)!i! . | E {{ . 2 ! ! ! # 16.6 ) 0 c Table C-13. Method detection limits(MDLs)for dissolved sulfides,total organic carbon, grain size, total nitrogen,and total phosphorus in sediments,July 2014-June 2015. Parameter MDL Dissolved Sulfides 1.03 mg/kg dry weight Total Organic Carbon 0.10% Grain Size 0.00% Total Nitrogen 0.33 mg/kg dry Total Phosphorus 5.3 mg/kg dry weight data are presented in Table C-14. All samples were analyzed within their required holding times. All analyses met the QA/QC criteria for blanks, blank spikes, matrix spike, matrix spike duplicates, and matrix spike precisions. Analytical Methods -Total Organic Carbon Total Organic Carbon (TOC)samples were analyzed byALS Environmental Services, Kelso, WA. The MDL for TOC is presented in Table C-13. Sediment TOC QA/QC summary data are presented in Table C-15. The samples were analyzed within their required holding times. Seven samples were analyzed in duplicate and matrix spike. The samples and their duplicate analyses had a RPD of less than 10%. The recoveries for matrix spike were within 80-120% range. Analytical Methods - Grain Size Grain size samples were analyzed by EMSL Analytical, Cinnaminson, NJ. The MDL for sediment grain size is presented in Table C-13. Sediment grain size QA/QC summary data are presented in Table C-16. Seven samples and their duplicate analyses had a RPD 510%. Thirty replicates of Station 12 samples were analyzed as grain size standard reference material (SRM) and all analysis results were within 3 standard deviations of SRM for the statistical parameters (median phi, dispersion, and skewness), percent gravel, percent sand, percent clay, and percent silt. Analytical Methods -Total Nitrogen Total nitrogen (TN) samples were analyzed by Weck Laboratories, Inc., City of Industry, CA. The MDL for TN is presented in Table C-13. Sediment TN QA/QC summary data are presented in Table C-17. The samples were analyzed within their required holding times. C.24 \ § ! ; ; ! § ; ; ! ! § § ) § 6 6 } EE ® ° \ } z 0 ` ! ! 2 { ` ^ o $ \ \ ( 00 - - - - - - \ ° - - 2 ! f | jM } ------- ---wwwwwwo c !\ k/ Z - ) ) \ ) } { \ $ t { # - k c O m a a a ¢ a X a ¢ a a o ¢ a X a o a a o ¢ o v 3 v 3 3 v 3 v SX w r T = ty m M N O O z z d d z z z d b d b d v g , N 9 n O C � x v 8 C N N tp Ol Nl N N N N N N N Nl E E N z i � U — � E w w Q E `or yE ? N N M tp Ol Nl �'1 N N N N N Nl N N Nl N a O V 2 6 W 0 B a U w w o m y N y y m y Vl y f� m y w N m y Q O X X X O X X X O (x w t O C 0 W . N 0 d N N v . w f in 2 f f f m i f f m c f 2 f m o 2 f m > ; E m Z Z ° ° c c `o NE a u�i a u�i Z N F F r r r - w K z° H � z C27 Three samples were analyzed in matrix spike and matrix spike duplicate. The matrix spikes and their duplicate analyses had a RPD of less than 30%. The recoveries for matrix spike and matrix spike duplicate were within 70-130% range. Analytical Methods -Total Phosphorus Total phosphorus (TP) samples were analyzed by Weck Laboratories, Inc., City of Industry, CA. The MDL for TP is presented in Table C-13. Sediment TP QA/QC summary data are presented in Table C-17. The samples were analyzed within their required holding times. Three samples were analyzed in matrix spike and matrix spike duplicate. Ten samples and their duplicate analyses had a RPD of less than 30%. One sample spike and 2 spike duplicate analyses did not meet target recoveries of 70-130% range due to matrix interferences. The associated laboratory control sample (LCS) met the acceptance criteria. Third Quarter Semi-annual Collection (January 2015) All samples were stored according to methods described in the ELOM SOPS. All samples were analyzed for organochlorine pesticides, PCB congeners, PAHs, trace metals, mercury, IDS, grain size, TOC, TN, and TP. All sediment samples analyzed for organochlorine pesticides, PCB congeners, and PAHs were extracted using an ASE. All sediment extracts were analyzed by GC/MS within their holding times. Any QA/QC variances are noted in Tables C-7 and C-9. All samples analyzed for metals were conducted within their holding times. Sediment metals and mercury QA/QC summary data are presented in Table C-12. All samples met the QA criteria guidelines. The analyses for TOC, IDS, grain size, TN, and TP met the QA criteria guidelines. QA/QC summary data are presented in Tables C-14 through C-17. Recoveries of 1 matrix spike and 2 matrix spike duplicates for TP were not in the target ranges due to matrix interferences. The associated LCS met the acceptance criteria. FISH TISSUE CHEMISTRY NARRATIVE Third Quarter (January 2015) Introduction All individual samples were stored, dissected, and homogenized according to methods described in the ELOM SOPS. A 1:1 muscle to water ratio was used for muscle samples. No water was used for liver samples. After the individual samples were homogenized, equal aliquots of muscle from each rig fish sample, and equal aliquots of muscle and liver from each trawl fish sample were frozen and distributed to the metals and organic chemistry sections of the analytical chemistry laboratory for analyses. In addition to the percent lipid content determination, the organic chemistry section extracted 20 rig fish muscle samples, 31 trawl fish muscle samples, and 31 trawl fish liver samples, and analyzed them for PCB congeners and organochlorine pesticides. Of the 31 trawl fish C.28 liver samples, results from 15 samples were not reported due to an error made in the extract preparation process, resulting in the failure of all QC samples contained in that batch. A laboratory QA/QC corrective action notice was filed. A typical organic tissue sample batch included 15 field samples with required QC samples. The QC samples included 1 hydromatrix blank, 2 duplicate sample extractions, 1 matrix spike, 1 matrix duplicate spike, 2 SRMs, and 1 reporting level spike (matrix of choice was tilapia). For mercury, arsenic and selenium analyses, 1 sample batch consisted of 15-20 fish tissue samples and the required QC samples, which included a blank, blank spike, SRM, sample duplicates, matrix spikes, and matrix spike duplicates. Analytical Methods - Organochlorine Pesticides and PCB Congeners The analytical methods used for organochlorine pesticides and PCB congeners were according to methods described in the ELOM SOPs. All fish tissue was extracted using an ASE 200 and analyzed by GUMS. The MDLs for pesticides and PCBs in fish tissue are presented in Table C-18. Acceptance criteria for PCB and pesticides SRMs in fish tissue are presented in Tables C-19. Fish tissue pesticide and PCB QA/QC summary data are presented in Table C-20. All analyses were performed within the required holding times and with appropriate quality control measures. In cases where constituent concentrations exceeded the calibration range of the instrument, the samples were diluted and reanalyzed. Any variances that occurred during sample preparation or analyses are noted in Table C-20. Analytical Methods— Lipid Content Percent lipid content was determined for each fish sample using methods described in the ELOM SOPs. Lipids were extracted by dichloromethane from approximately 1 to 2 g of sample and concentrated to 2 mL. A 100 pL aliquot of the extract was placed in a tared aluminum weighing boat and the solvent allowed to evaporate to dryness. The remaining residue was weighed, and the percent lipid content calculated. Lipid content QA/QC summary data are presented in Table C-21. All analyses were performed within the required holding times and with appropriate quality control measures. No variances occurred during sample preparation or analyses (Table C-21). Analytical Methods— Mercury.Arsenic and Selenium Fish tissue samples were analyzed for mercury, arsenic, and selenium in accordance with ELOM SOPs. Typical QC analyses for a tissue sample batch included a blank, a blank spike, and SRMs (liver and muscle). In the same batch, additional QC samples included duplicate analyses of the sample, spiked samples and duplicate spiked samples, which were run approximately once every 10 samples. The MDL for fish mercury, arsenic, and selenium are presented in Table C-18. Acceptance criteria for the mercury, arsenic, and selenium SRMs are presented in Table C-22. Fish tissue mercury, arsenic, and selenium QA/QC summary data are presented in Table C-23. All samples were analyzed within their 6-month holding times and met the QAcriteria guidelines. C.29 Table C-18. Method detection levels (MDLs)for pesticides, PCB congeners, arsenic, mercury, and selenium in fish tissue, DSQ II,July 2014-June 2015. Parameter I. (ngl9 Dt weight) Parameter (ngtg wet weight) cis-Chlordane 0.33 PCB 105 0.13 turns-Chlordane 0.25 PCB 110 0.19 Oxychlordane 1.0 PCB 114 0.10 Dieldrin 0.31 PCB 118 0.22 Heptachlor 0.23 PCB 119 0.14 Heptachlor epoxide 0.37 PCB 123 0.21 cis-Nonachlor 0.19 PCB 126 0.11 trans-Nonachlor 0.21 PCB 128 0.08 2,4'-DDD 0.33 PCB 138 0.16 4,4'-DDD 0.16 PCB 149 0.33 2,4'-DDE 0.23 PCB 151 0.22 4,4'-DDE 0.31 PCB 1531168 0.23 2,4'-DDT 0.33 PCB 156 0.10 4,4'-DDT 0.24 PCB 157 0.10 4,4'-DDMU 0.43 PCB 167 0.09 PCB 18 0.24 PCB 169 0.15 PCB 28 0.21 PCB 170 0.18 PCB 37 0.27 PCB 177 0.09 PCB 44 0.36 PCB 180 0.18 PCB 49 0.17 PCB 183 0.13 PCB 52 0.17 PCB 187 0.06 PCB 66 0.26 PCB 189 0.12 PCs 70 0.23 PCB 194 0.17 PCB 74 0.24 PCB 201 0.20 PCB 77 0.21 PCB 206 0.11 PCB 81 0.19 Arsenic 100 PCB 87 0.17 Mercury 0.00 PCB 99 0.44 Selenium 69 PCB 101 0.14 Reporting limit used. C.3O Table C-19. Acceptance criteria for standard reference materials of PCB/ pesticides in fish tissue, July 2014-June 2015. Acceptance Range Parameter True Value (^g/g) (^9/9) Minimum Maximum CARP-2;National Research Council Canada. trans-Chlordane` 4.50 21.1 22.5 Dieldrin' 8.30 2.40 3.40 Imns-Nonachlor` 11.0 82.4 99.4 2,4'-DDD` 21.8 144 172 4,4'-DDD' 90.9 7.50 9.10 2,4'-DDE` 2.90 3.80 5.20 4,4'-DDE` 158 10.1 11.9 PCB 18 27.3 23.3 31.3 PCB 28 34.0 26.8 41.2 PCB 44 86.6 60.7 112 PCB 52 138 95.5 181 PCB 66` 174 122 226 PCB 101 ` 145 97.0 193 PCB 105` 53.2 37.6 68.8 PCB 118 148 115 181 PCB 128 20.4 16.0 24.8 PCB 138` 103 73.0 133 PCB 153/168 105 83.0 127 PCB 170' 20.6 17.7 23.5 PCB 180 53.3 40.3 66.3 PCB 187- 37.1 30.8 43.4 PCB 194 10.9 7.80 14.0 PCB 206 4.4 3.30 5.50 Lipid 7.00 Table C-19 Continues. C.31 Table C-19 Continued. Acceptance Range Parameter True Value (ng/g) (ngig) Minimum Maximum SRM 1946,Lake Superior Fish Tissue;National Institute of Standards and Technology. cis-Chlordane 32.5 1.95 2.45 trans-Chlordane 8.36 0.75 1.33 Oxychlordane 18.9 19.1 25.5 Dielddn 32.5 14.9 20.5 Heptachlorepoxide 5.50 325 421 ns-Nonachlor 59.1 33.7 40.7 frens Nonachlor 99.6 30.7 34.3 2,4'-DDD 2.20 55.5 62.7 4,4'-DOD 17.7 29.0 3&0 2,4'-DDE` 1.04 5.27 5.73 4,4'-DDE 373 17.4 20.4 2,4'-DDT 22.3 7.45 9.27 4,4'-DDT 37.2 92.0 107 PCs 18- 0.84 0.73 0.95 PCs 28• 2.00 1.76 2.24 PCs 44 4.66 3.80 5.52 PCs 49 3.80 3.41 4.19 PCs 52 8.10 7.10 9.10 PCs 66 10.8 8.90 12.7 PCs 70 14.9 14.3 15.5 PCs 74 4.83 4.32 5.34 PCs 77 0.33 0.30 0.35 PCs 87 9.40 &00 10.8 PCs 99 25.6 23.3 27.9 PCs 101 34.6 32.0 37.2 PCs 105 19.9 19.0 20.8 PCs 110 22.8 20.8 24.8 PCs 118 52.1 51.1 53.1 PCs 126 0.38 0.36 0.40 PCs 128 22.8 20.9 24.7 PCs 138 115 102 128 PCs 149 26.3 25.0 27.6 PCs 1531168 170 161 179 PCs 156 9.52 9.01 10.0 PCs 170 25.2 23.0 27.4 PCs 180 74.4 70.4 78.4 PCs 183 21.9 19.4 24.4 PCs 187 55.2 53.1 57.3 PCs 194 13.0 11.7 14.3 PCs 201 • 2.83 2.7 2.96 PCs 206 5.40 4.97 5.83 Lipid' 10.2 Nor-certified value. C.32 .Y V O b b b C Ya ¢ ¢ ¢ ¢ E ¢ ¢ ¢ ¢ ¢ E ¢ ¢ ¢ ¢ ¢ E ¢ O 9 a m z z z z "�o. z z z z z n "�o. z z z z z n "�o. z U V �E V �E N 12 m a T N N N Y X 2 Z O y 2 Z O y n 2 Z ° `y t � e t F O V O V O V 6 6 ; YL9 p Y oLL 2° O� o EEr N Z O m ° C O d d d d d d �Y. gm m m ' ¢ m m m m m ' ¢� � m E w Uav m m9 m9 m9 i as as as w m a U y I �I yl r E a N E LL 19 N N y LL — LL O N U C m aY' 3 3 3 a F C.33 2 z z z z l . /( = = = = 5 � ; / x § ! ! ! ! !\ § § ! ! z ! !! � , @rrz z � }| § §ƒ| l , , , , ! \ \ \ { \ } e» `o N U O o 0 0 0 0 d N N N N N u 0: N v v v v d = rn f m w o '@ a `a w d C N N N N N J J $ p C E u E m E a a a E m R o r Z d o c U L C N N N N N C p1 •` @ C O E G C z a p C Y E N J y c c V o N Z @ U � J m E O. E E E q m m L J C @ @ @ @ @ N J J@ {@p _mp imp imp {dp w d C N N @ Of d W ml N CJ W O ❑ ❑ ❑ ❑ ❑ `u ? J � � o o N M m @ o a a o v C J 3 m C C C C C d L V A U U U U U Q tF m 1 d d d d d m Z• U d O U m C d N A ❑ d w N r m m m m V N o n d > m w w m a a C J J J J J J @ Q N � 6 •- NI NI NI NI NI m a Z ' Q Q Q J xx N m W W W W W N V N 2 2 S S L LL LL LL LL LL F C.35 � � � � z z \/ 71 71 wi 7 ! • - - - _ - - - - - _ - - - - - _ - | � | ) ) ) ) ) \ § ] ) ) ) ) \ ) \ \ ) ff ] ! } \ / \ . | ) | f | | ) ) \ em Pretreated (resected and 1:1 Muscle: water homogenized) fish samples were analyzed for mercury, arsenic, and selenium in accordance with methods described in the ELOM SOPS. QC fora typical batch included a blank, a blank spike, and an SRM (whole fish). Fish samples with duplicates, spiked samples, and duplicate spiked samples were run approximately once every 10 fish samples. When sample mercury, arsenic, or selenium concentration exceeded the appropriate calibration curve, the sample was diluted with the reagent blank and reanalyzed. The samples were analyzed for mercury on a Perkin Elmer FIMS 400 system and for arsenic and selenium on a Perkin Elmer ELAN 6100 system. All samples met the CIA criteria guidelines for accuracy and precision (Table C-23). BENTHIC INFAUNA NARRATIVE Sorting and Taxonomy QA/QC The sorting and taxonomy QA/QC follows the District's QAPR These QA/QC procedures were conducted on sediment samples collected for infaunal community analysis in July 2014 (summer) from 29 semi-annual stations (52-65 m) and 39 annual stations (40-300 m), and in January 2015 (winter) from the same 29 semi-annual stations (Figure 2-2, Table A-1), for a total of 97 samples for the year. A single sample was collected at each station for infauna. Sorting QA/QC Procedures The sorting procedure involved removal, by the contractor (Marine Taxonomic Services, Inc. (MTS)), of organisms including their fragments from sediment samples into separate vials by major taxa. The abundance of countable organisms (heads only) per station was recorded. After MTS's in-house sorting efficiency criteria were met, the organisms and remaining particulates (grunge) were returned to the District. Ten percent of these samples (10 of 97) were randomly selected for re-sorting by District staff. A tally was made of any countable organisms missed by MTS. A sample passed QC if the total number of countable animals found in the re-sort was <— 5% of the total number of individuals originally reported. 2014-15 Sorting QA/QC Results Sorting results for all 2014-15 QA samples were well below the 5% QC limit. Taxonomic Identification QA/QC Procedures Benthic infauna samples underwent comparative taxonomic analysis by 2 taxonomists. Samples were randomly chosen for re-identification from each taxonomist's allotment of assigned samples. These were swapped between taxonomists with the same expertise in the major taxa. The resulting data sets were compared and a discrepancy report generated. The participating taxonomists reconciled the discrepancies. Necessary corrections to taxon names or abundances were made to the database. The results were scored and errors tallied by station. Percent errors were calculated using the equations below: Equation 1. %Error,,. _ [(#Taxa ReamVed - #Taxa orie�nsi) +#Taxa R.....] x100 Equation 2. %Error#indmmu.I.= [(# individuals R...Iv,-# Individuals o,n.l)+# Individuals R..oJ x100 Equation 3. %Error#ID r... _ (#Taxa Mi.W.Wic.W. +#Taxa R..om.d)x100 Equation 4. %Error#iD Mdihd�.i. = (# Individuals W.....t.,+# Individuals R.emJ x 100 C.37 Please refer to the District's QAPP for detailed explanation of the variables. The first 3 equations are considered gauges of errors in accounting (e.g., recording on wrong line, miscounting, etc.),which, by their random nature, are difficult to predict. Equation 4 (Eq. 4) is the preferred measure of identification accuracy. It is weighted by abundance and has a more rigorous set of corrective actions (e.g., additional taxonomic training) when errors exceed 10%. In addition to the re-identifications, a synoptic data review was conducted upon completion of all data entry and QA. This consisted of a review of the infauna data for the survey year, aggregated by taxonomist (including both in-house and contractor). From this, any possible anomalous species reports, such as species reported outside its known depth range and possible data entry errors, were flagged. 2014-15 Taxonomic QA/QC Results QC objectives for identification accuracy (Eq. 4) were met in 2014-15 (Table C-24). No significant changes to the 2014-15 infauna dataset were made following the synoptic data review. Table C-24. Percent error rates calculated for July 2014 QA samples. Station Error Type C 59 70 Mean 1. %Error,,. 6.9 5.8 6.8 6.5 2. %Error i indremm: 1.4 0.2 0.7 0.8 3. %Error p,p TeM$ 4.0 10.0 7.8 7.2 4. %Error«,o mdwauals 112 5.8 2.4 3.1 OTTER TRAWL NARRATIVE The District's trawl sampling protocols are based upon regionally developed sampling methods (Mearns and Stubs 1974, Meams and Allen 1978) and US Environmental Protection Agency 301(h) guidance documents (Tetra Tech 1986). These methods require that a portion of the trawl track must pass within a 100-m circle centered on the nominal sample station position and be within 10% of the station's nominal depth. In addition, the speed of the trawl should range from 0.77 to 1.0 m/s (1.5 to 2.0 kts). Since 1985, the District has trawled a set distance of 450 m (the distance that the net is actually on the bottom collecting fish and invertebrates). This contrasts with previous regional trawl surveys which factored in time on the bottom, not distance. Station locations and trawling speeds and paths were determined using Global Positioning System (GPS) navigation. Trawl depths were determined using a Sea-Bird Electronics SBE 39 pressure sensor attached to one of the trawl boards. For the 2014-15 monitoring period, all trawl QA/QC compliance criteria were met, except for trawl speed (Figures C-1 to C-4, Table C-25). C.38 I ' \ q C c 0 N y L 1 _ 1 ' � E \ / o 2 0 C O -- w L � � O O. O � C L E 3 m 'a CY \ \ 1 IL C.39 4 E E xw � a o N s N H F F e L T w C O w ' rv�wwo iwwm- - - - a rv�ewwa e a a q `m t x n O v _ � 3 a � m m = a i j C N N _ Oa 5NV C 6 O F F F F t C ao • _ o ' m C m ae es sss s� _ _ wm �w wo xo�w c�.�wo xow4" O _ n�- ' m E u = c w 3 'w 3 m c F f E a C! D . y i N I U ' m " a a e e _ a a a a • _ e e • e x rn aNl na•o iW Wa Nl waw pW�Mm LL CAO T1 T11 N \End Start 4 /� u1 `\\ / \ I I I I 1 \ / Start \ / End T12 T17 End _ End — \ I \ 1 • I I a Start — — Start T22 T23 Start Start /� � �\ \ I I En End r7—' \ Figure C-3. Quality assurance plots of otter trawl paths in relation to a 100-m circle(red dashes) surrounding each nominal station position,January 2015. C.41 T1 T11 E so E m 70 10- �ao §am T12 T17 E ao E x Io� 8 ao �p s...o,a.u,..,.e.e Nm.mnn"m S—dSiSI e.d- Stmm-t mare T22 I T23 5S_p 5Ep d d a 1 x z a s e T MDUMOn jm1nulpl IS 14 IS m n IS v m a o x z 5 z $ e T�x1 DVNon iMlnNp)'s m n m m m ax — Haul — Upper Limit — Lower Limit Figure C-4. Quality assurance plots of trawl depth per haul for otter trawl stations,January 2015. Upper and lower limit lines are 310% of nominal trawl depth. C.42 Table C-25. Trawl track distances and vessel speed for sampling conducted in Summer 2014 and Winter 2015. Season Station Distance Trawled(m) Vessel speed(kts)' Ti 460.8 1 T2 449.3 0.9 T6 474.2 1 T10 452.1 0.9 T11 460.3 0.9 T12 398.1 0.9 T14 458.5 0.9 Summer T17 459.3 1 T18 459.2 1.1 T19 451.5 0.9 T22 455.8 1 T23 462.4 1.1 T24 453.4 0.9 T25 458.9 0.9 Mean 451.5 0.9 T1 519.7 1.1 T11 473.2 1.1 T12 468 1 Winter T17 452.8 1.1 T22 461 0.9 T23 463.2 1.1 Mean 474.9 1.1 "Vessel speeds outside of the OA range of 1.52 knots are denoted in bold. C.43 REFERENCES Mearns,A.J.and M.J.Allen. 1978. The use of small otter trawls in coastal biological surveys. Rep. No.600/3- 78-083. US Environmental Protection Agency. Corvallis, OR. 34 p. Mearns,A.J. and H.H. Stubbs. 1974. Comparison of otter trawls used in southern California coastal surveys. TM 213. Southern California Coastal Water Research Project. El Segundo, CA. 15 p. OCSD (Orange County Sanitation District). 2014. Orange County Sanitation District — Ocean Monitoring Program. Quality Assurance Project Plan (CAPP), (2013-14). Fountain Valley, CA. OCSD. 2015. Environmental Laboratory and Ocean Monitoring Standard Operating Procedures. Fountain Valley, CA. Tetra Tech. 1986. Quality Assurance and Quality Control (QA/QC)for 301(h)monitoring programs: Guidance on Field and Laboratory Methods. EPA Contract No. 68-01-6938. TC-3953-04. Final Report. May 1986. US Environmental Protection Agency. Washington, D.C. 267 p. +Appendices. C.44 Y 9� ORANGE COUNTY SANITATION DISTRICT Environmental Laboratory and Ocean Monitoring Division 10844 Ellis Avenue Fountain Valley, California 92708-7018 714.962.2411 www.ocsewers.com 3/16 EXECUTIVE SUMMARY The Orange County Sanitation District (District) conducts extensive ocean monitoring to evaluate potential environmental and public health risks from its discharge of highly treated wastewater off of Huntington Beach and Newport Beach, California. The effluent is released over 7 km offshore in 60 m of water. The data collected are used to determine compliance with receiving water conditions as specified in the District's National Pollution Discharge Elimination System (NPDES) permit (R8-2012-0035, CA0110604), jointly issued in 2012 by the U.S. Environmental Protection Agency (EPA), Region IX and the Regional Water Quality Control Board (RWQCB), Region 8. This report focuses on monitoring results and conclusions from July 2014 through June 2015. WATER QUALITY Minor plume-related changes in temperature, salinity, dissolved oxygen (DO), acidity (pH), and transmissivity were measured beyond the zone of initial dilution (ZID) during some surveys. However, compliance with California Ocean Plan (COP) criteria remained high (97-100%) for these water quality parameters. These results were consistent with previous findings and none of these changes were determined to be environmentally significant, since they fell within natural ranges to which marine organisms are exposed. Offshore monitoring of nutrients (ammonium) and bacteria-2 measures of the wastewater plume—showed only minor impacts to the receiving environment. Ninety percent of the ammonium samples were below detection limits. When ammonium was detected, maximum concentrations were 20-30 times less than the COP objective for chronic toxicity to marine organisms. Bacterial concentrations remained low and were predominantly below measurement detection levels. The low levels of ammonium,along with the lack of association with chlorophyll-a, suggests that these concentrations were not environmentally significant. Overall, the measured environmental effects to the receiving water continue to be relatively small, with values remaining within the ranges of natural variability for the monitoring area. These results support the conclusion that the discharge is not greatly affecting the receiving water environment and that beneficial uses were maintained. SEDIMENT QUALITY Sediment parameter values were comparable for within-ZID and non-ZID station groups. Values were below levels of biological concern (Effects Range-Median values) at all but one non-ZID station. The exceedance did not appear to be effluent discharge-related. Whole sediment toxicity tests showed no measureable toxicity. Overall,these results were consistent with those of previous years, suggesting the wastewater discharge has minimal potential for adverse impact on biota outside the ZID. ES.1 BIOLOGICAL COMMUNITIES Infaunal Invertebrate Communities The infaunal communities were similar within the monitoring area, as within- and non-ZID stations had comparable community measure values and equivalent species assemblages based on multivariate analyses. Also,the infaunal communities atwithin-and non-ZID station groups remain healthy based on their low Benthic Response Index values and high Infaunal Trophic Index values. These results demonstrated that the outfall discharge had an overall negligible effect on the benthic community structure within the monitoring area. Demersal Fishes and Macroinvertebrates Results for the epibenthic macroinvertebrates (EMIs) and demersal fishes were generally consistent with past findings. Community measure values of the EMIs and fishes were comparable between outfall and non-outfall stations. Multivariate analyses of the EMI and fish species also showed that the biological communities at the outfall and non-outfall station groups were generally similar. Furthermore,fish communities at outfall and non-outfall station groups can be classified as reference condition based on their low Fish Response Index values. These results indicated that the outfall area was not degraded and that it supported normal fish and EMI populations. Contaminants in Fish Tissue Consistent with previous results, 2014-15 tissue concentrations of mercury, DDT, PCB, and other chlorinated pesticides in fishes collected by otter trawling and hook-and-line methods at outfall and non-outfall locations were below federal and state human consumption guidelines. These results demonstrated that the outfall is not an epicenter of disease due to the bioaccumulation of contaminants in fish tissue. Fish Health The lack of tumors, fin erosion, and skin lesions showed that fishes in the monitoring area were healthy. External parasites and other external abnormalities occurred in less than 1% of the fishes collected. These results were consistent with previous years and indicate that the outfall is not an epicenter of disease. CONCLUSIONS The results for the 2014-15 monitoring effort were consistent with long-term findings that showed limited impacts to the receiving water, sediment, and infaunal, demersal fish, and EMI communities. Plume-related changes to receiving water DO, pH, and transmissivity detected beyond the ZID were well within the range of natural variability. Low concentrations of bacteria in water contact zones, in concert with the limited distributions of ammonium and absence of associations of the wastewater plume with phytoplankton blooms, suggest that the discharge had no discernible impact on the environment and posed no human health risk. The low levels of contaminants in fish tissues and the low incidence of external abnormalities and diseases in fish demonstrated that the outfall was not an epicenter of disease. ES.2 OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir. 04/lti06/16 04/27/1Of6 AGENDA REPORT Item Item Number 9 12 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Bob Ghirelli, Assistant General Manager SUBJECT: JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) GENERAL MANAGER'S RECOMMENDATION A. Adopt Resolution No. OCSD 16-06 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, approving the Ninth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP forfour years from July 1, 2017 through June 30, 2021"; and B. Approve annual funding in the amount of $425,000 for FY 2017118, $450,000 for FY 2018/19, $475,000 for FY 2019/20 and $500,000 for FY 2020/21. SUMMARY BACKGROUND The Southern California Coastal Water Research Project Authority (SCCWRP) is a research institute formed in 1969 as a joint powers agency(JPA). The JPA agreement results from the signatory agencies, the Orange County Sanitation District (Sanitation District), the City of Los Angeles, the City of San Diego and the County Sanitation Districts of Los Angeles County, pooling resources to address the scientific understanding of linkages among human activities, natural events, and the health of the Southern California coastal environment. This Agreement provides for the continuation of SCCWRP, a public entity separate and apart from the Signatories. RELEVANT STANDARDS • Maintain strong collaborative and cooperative relationships with regulators, resource recovery and watershed agencies • Leverage resources through cooperative projects with regional agencies in marine monitoring and improvements in environmental analysis. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would cease to be a member of SCCWRP and no longer be a participant in coordinated regional studies, benefit directly from SCCWRP research Page 1 of 2 studies and would no longer have direct access to open discussions with regulatory staff. PRIOR COMMITTEE/BOARD ACTIONS July 2012 — Approve Resolution No. OCSD 12-09, Eighth Amended Joint Powers Agreement confirming the creation of an agency known as Southern California Coastal Water Research Project Authority. ADDITIONAL INFORMATION The Sanitation District is a founding member of SCCWRP and has held continuous membership since its inception. SCCWRP membership provides three major benefits to the Sanitation District: 1)SCCWRP is an unbiased regional provider for research focused on areas of concern of its members agencies and the environmental community at large, 2) SCCWRP coordinates regional studies and inter-agency collaborations for its members, such as the quinquennial Bight projects, and 3) SCCWRP provides a forum where regulators and the regulated community can engage in open and productive dialog to address areas of concern or compliance issues, involving current and future permit requirements to achieve the goals of both agencies. This agreement increased the expenditure to SCCWRP by$25,000 per year over the four (4) years of this agreement. This will be the first increase in member agency dues for SCCWRP in eight (8) years. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. The following expenditures will be budgeted: $425,000 in FY 2017/18, $450,000 in FY 2018/19, $475,000 in FY 2019/20, and $500,000 in FY 2020/21. ATTACHMENT The following attachment(s)are attached in hard copy and may also be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package: • Resolution No. OCSD 16-06 • SCCWRP Ninth Joint Powers Agreement • SCCWRP PowerPoint Presentation from April 6, 2016 Operations Committee Meeting Page 2 of 2 RESOLUTION NO. OCSD 16-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT, APPROVING THE NINTH AMENDED JOINT POWERS AGREEMENT CONFIRMING THE CREATION OF AN AGENCY KNOWN AS SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP), PROVIDING FOR CONTINUATION OF SCCWRP FOR FOUR YEARS FROM JULY 1, 2017 THROUGH JUNE 30, 2021 The Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1: That certain Ninth Amended Joint Powers Agreement Confirming the Creation of an Agency Known as Southern California Coastal Water Research Project Authority (SCCWRP), dated July 1, 2016, by and between Orange County Sanitation District and the City of Los Angeles, County Sanitation District No. 2 of Los Angeles County, and the City of San Diego, providing for continuation of SCCW RP for a four-year period from July 1, 2017 through June 30, 2021, is hereby approved and accepted. Section 2: That payment of the District's proportional share of the contribution by the signatory agencies, in a total amount not to exceed $1,850,000, is hereby approved, as follows: FY 2017-2018 $ 425,000 FY 2018-2019 $ 450,000 FY 2019-2020 $ 475,000 FY 2020-2021 $ 500,000 Section 3: That the Chair and Clerk of the Board of Orange County Sanitation District are hereby authorized and directed to execute said Agreement in a form approved by the General Counsel. OCSD 16-06-1 PASSED AND ADOPTED at a regular meeting of the Board of Directors held April 27, 2016. John Nielsen Board Chair ATTEST: Kelly A. Lore Clerk of the Board OCSD 16-06-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 16-06 was passed and adopted at a regular meeting of said Board on the 271h day of April 2016, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 27� day of April 2016. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OCSD 16-06-3 NINTH AMENDED JOINT POWERS AGREEMENT CONFIRMING THE CREATION OF AN AGENCY KNOWN AS SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY This Amended Joint Powers Agreement which confirms the creation of an agency known as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY, commonly known as SCCWRP, is made and entered into effective the first day of July, 2017,by and between the City of Los Angeles, a municipal corporation("Los Angeles"),the Orange County Sanitation District, a special district("Orange County District'),the City of San Diego, a municipal corporation("San Diego") and County Sanitation District No.2 of Los Angeles County, a special district("Los Angeles County District'), hereinafter "Signatories" (collectively)or"Signatory" (individually). WHEREAS,the Signatories entered into an Eighth Amended Joint Powers Agreement confirming the creation of an agency known as Southern California Coastal Water Research Project Authority, effective July 1,2013; WHEREAS, it is the desire of the Signatories to provide for the continuation of SCCWRP pursuant to this Ninth Amended Joint Powers Agreement("Agreement'): NOW,THEREFORE, the Signatories hereto do agree as follows: 1. PURPOSE This Agreement provides for the continuation of a public entity separate and apart from the Signatories to this Agreement to administer this Agreement,the purpose of which is to enhance the scientific foundation for management of Southern California's ocean and associated coastal watershed resources. 2. CREATION OF SCCWRP Pursuant to Article 1, Chapter 5,Division 7, Title 1 Government Code(Sections 6500 et sec.),the parties hereby confirm the existence of an agency as a public entity, separate and apart from the Signatories to this Agreement to be known as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (hereinafter"SCCWRP"). Such agency shall, through the Commission referred to below, administer and execute this Agreement. 1 3. ORGANIZATION SCCWRP shall be governed by a ten-member Commission composed of representatives of public bodies with accountability for water quality management and aquatic protection in the Southern California Bight as follows: (a) Associate Director, Water Division,U.S. Environmental Protection Agency, Region DC; (b) Deputy Director,Division of Water Quality, California State Water Resources Control Board; (c) Executive Officer, Regional Water Quality Control Board-Los Angeles Region; (d) Executive Officer, Regional Water Quality Control Board- Santa Ana Region; (e) Executive Officer, Regional Water Quality Control Board- San Diego Region; (f) Director, Bureau of Sanitation,City of Los Angeles; (g) Chief Engineer and General Manager,County Sanitation District No. 2 of Los Angeles County; (h) General Manager, Orange County Sanitation District; (i) Director of Public Utilities, City of San Diego; and (j) Ocean Protection Council Executive Director/Deputy Secretary for Ocean and Coastal Policy, California Natural Resources Agency. The Commission shall meet at least four times each calendar year and at such other appropriate intervals as are necessary to conduct the business of SCCWRP. All such meetings shall be subject to the Ralph M. Brown Act, commencing with Section 54950 of the Government Code of the State of California. Five members shall constitute a quorum and a simple majority vote of that quorum shall be required for action to be taken. A staff designee may be appointed as an alternate by the person holding the offices set forth above and shall act as a member of the Commission in place of such officer during his or her absence, inability or refusal to act and shall serve indefinitely at the pleasure of the appointing officer and until a successor is appointed, or until such designee dies,becomes incapacitated or resigns. Such designation shall be in writing and shall be delivered to the Executive Director at the offices of SCCWRP. Upon the concurrence of two-thirds vote of the members of the Commission,public bodies of the Commission may designate a new permanent representative. 2 The Commission shall, at its first meeting and thereafter at its first meeting following July 1 of each succeeding year,elect a Chair and Vice-Chair from among its members. The Vice -Chair shall assume the responsibilities of the Chair in the absence of the Chair and the Chair's alternate. The Commission members shall serve for a term identical to the term of this Agreement, and such term shall be extended automatically as the Agreement is extended. The Commission members shall not be entitled to compensation for attendance or expenses. Administrative and purchasing policies and procedures shall be established by the Commission and shall comply with the law of the State of California. The debts, liabilities and obligations of SCCWRP shall not constitute the debts, liabilities or obligations of any of the Commission members or members of any Advisory Board of SCCWRP. Such debts, liabilities or obligations shall be those of SCCWRP. Upon the concurrence of two-thirds vote of the members of the Commission, other public agencies having a power common to the Signatories may be added as parties to this Agreement and each such party shall acknowledge its agreement to the terms hereof by executing this Agreement upon authorization of its governing Board. Such additional agency or agencies shall have responsibilities identical to those of the Signatories as set forth in paragraph 4 hereof; and the Chief Executive Officer thereof, together with his or her designee, shall be a member and alternate member of the Commission with those powers conferred upon the Signatories. The financial contribution required of such additional agency or agencies shall be determined by a majority of the Commission members representing the Signatories. 4. COMMISSION RESPONSIBII.ITIES The responsibilities of the Commission shall include, but not be limited to,the following: (a) Establishing and appointing members of advisory boards, committees, other like groups and consultants as it deems appropriate to further the purposes of this Agreement; (b) Hiring an Executive Director and establishing his or her responsibilities in addition to those detailed herein. Two-thirds vote of the members of the Commission shall be required for hiring the Executive Director; (c) Overseeing development and approving SCCWRP's Research Plan; (d) Approving the SCCWRP's Annual Operating Budget,recognizing that the contributions of the Signatories shall be as provided in Section 8 hereof and taking into account other projected sources of income; 3 (e) Reviewing and approving, on an annual basis, the salaries and benefits for the Executive Director and other staff. Two-thirds vote of the members of the Commission including two-thirds of the signatories shall be required for adoption; (f) Conducting a performance review of the Executive Director on an annual basis; (g) Reviewing the financial status of SCCWRP; (h) Establishing objectives,priorities,policies, guidelines, and other such responsibilities as may be appropriate from time to time; and (i) Taking such further action as it deems appropriate to carry out the purposes of this Agreement. 5. ASSOCIATE COMMISSION MEMBERS Associate Commission members attend and participate fully in Commission meetings, and are entitled to one-quarter vote. Associate Commission members shall have responsibilities identical to those of the Signatories as set forth in Section 4 above. Upon execution of the attached Associate Commission Member Agreement, SCCWRP's Associate Commission members shall be composed of representatives of public bodies with accountability for water quality management and aquatic protection as follows: Ventura County Watershed Protection District; Los Angeles County Flood Control District; County of Orange; and County of San Diego. Upon concurrence of two-thirds vote of the members of the Commission, other public agencies having a power common to the Signatories may be invited to become Associate Commission Members of the agency. Each party shall acknowledge its agreement to the terms set forth in an associate Commission member agreement. Thereupon the Chief Executive Officer thereof, or substitute representative pursuant to Section 3, or his or her designee as an alternate, shall serve as members of the Commission. 6. ADVISORY BOARDS The Commission may from time to time appoint one or more advisory boards to assist in carrying out the objectives of SCCWRP. The Commission shall determine the purpose and need for such board(s) and the necessary qualifications for individuals appointed to the board(s). 4 Each member of the advisory board(s) shall be entitled to compensation for his or her consulting services as established by the Commission from time to time. In addition, each member of the advisory board(s) shall be entitled to reimbursement for actual expenses reasonably and necessarily incurred, as well as travel and per diem expenses in an amount or at a rate established from time to time by the Commission. 7. EXECUTIVE DIRECTOR The Commission shall appoint an Executive Director under whose general supervision and control SCCWRP shall be conducted. In accordance with paragraph 4(b)the Executive Director shall be appointed by the Commission and shall serve at the pleasure of the Commission. The Executive Director's compensation shall be set at a level that adequately takes into consideration factors including,but not limited to, the proficiency with which the agency is directed,the degree of satisfactory progress in completing the approved research plan, success in obtaining outside funding and success in managing SCCWRP's budget. S. EXECUTIVE DIRECTOR'S RESPONSIBILITIES The Executive Director's responsibilities shall include, but not be limited to: (a) Developing recommended research priorities and objectives for consideration by the Commission and directing research programs; (b) Reviewing and editing reports and manuscripts produced by SCCWRP's scientific staff; (c) Managing day-to-day operations; (d) Managing the personnel activities of SCCWRP as is necessary to fulfill the purposes of this Agreement, subject to such periodic review and approval as the Commission deems appropriate; (e) Delegating such authority as is necessary to staff to insure the smooth operation of the organization: (f) Securing outside grants and other funding in support of SCCWRP's research objectives; (g) Entering into contracts and agreements on behalf of SCCWRP in accordance with the policies and procedures governing purchases of supplies, equipment and services adopted from time to time by the Commission and in accordance with the provisions of Section 9 regarding grants and contracts; 5 (h) Providing reports to the Commission on the status of research in progress,Annual Operating Budgets (actual versus budgeted) and cash flow analysis; (i) Having charge of handling and having access to any property of SCCWRP upon the filing of a fidelity bond in the amount of Fifty Thousand Dollars ($50,000); and 0) Acting as Secretary to SCCWRP until such time as the Commission appoints another person to this office. 9. FUNDING Each Signatory shall provide annual funding on July 1 of each year for SCCWRP during the term of this agreement according to the following schedule: FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 $425,000 $450,000 $475,000 $500,000 Each Associate Commission member of the agency will be required to provide annual funding on July 1 of each year according to the following schedule: FY 2017/2018 FY 2018/19 FY 2019/20 FY 2020/21 $125,000 $125,000 $125,000 $125,000 The fiscal year(FY)is defined as being from July 1 of the current calendar year to and including June 30 of the following calendar year. As a condition to the addition of any public agency as party to this Agreement pursuant to paragraph 3 hereof, the public agencies which are then signatories to this Agreement may,by a vote of their Commission representatives,modify the funding set forth above in a manner which takes into account the financial needs of SCCWRP,provided that funding of any existing signatory shall not exceed that set forth above. In such event, all new and existing Signatories,through their Commission representatives, shall execute a supplement to this Agreement entitled Summlement To Funding Pursuant to Paragraph 9 and shall attach it to this Agreement. It is further agreed that SCCWRP,through its Executive Director, shall use its best efforts in procuring sources of income other than contributions from the Signatories. Such sources include,but are not limited to,income from grants or contracts from federal and state agencies. Grants and contracts may be entered into by the Executive Director, or Deputy Director in his/her absence,to the limit of One Hundred Thousand Dollars ($100,000)per individual agreement and any grant or contract in excess of said sum but no more than Two Hundred and Fifty Thousand Dollars ($250,000)may be entered into by the Executive Director, or Deputy Director in his/her absence,provided it is approved by the Chair of the Commission prior to acceptance and execution by the Executive Director or Deputy Director. Any grant or contract in 6 excess of Two Hundred and Fifty Thousand Dollars ($250,000) shall require the prior express approval of the members of the Commission. The Commission shall yearly, on or before June 30,adopt and issue an estimated Annual Operating Budget that projects the funds necessary to maintain and operate SCCWRP for the forthcoming fiscal year being from July 1 of the current calendar year to and including June 30 of the following calendar year. The Budget shall,among other things, contain a statement of anticipated outside sources of revenue and shall not exceed the sum of the total contributions by the signatories, as hereinabove provided,plus the outside revenue. In the event that any Signatory is unable or unwilling to pay to SCCWRP the funding attributable to it for the upcoming fiscal year as set forth above, then such Signatory shall notify in writing each of the other Signatories and SCCWRP of its inability no later than February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and SCCWRP created hereby, effective as of July 1 of such year. SCCWRP shall continue in effect and all provisions hereof shall be binding except that the maximum net funds which may be requested of the Signatories shall not be increased above the individual agency contributions set forth above, unless otherwise agreed to by all of the remaining Signatories. In the absence of such notification,each Signatory shall be deemed to have consented to such expenditure and the amount thereof shall,on July 1,become an enforceable obligation of each Signatory to the extent permitted by law. Nothing in this Agreement shall preclude a Signatory from advancing all or a portion of its contribution to SCCWRP. None of the Signatories to this Agreement shall be entitled by virtue of withdrawal to receive any payment of money or share of assets of SCCWRP except as may be agreed upon by the remaining Signatories. 10. TERM AND TERMINATION This Amended Joint Powers Agreement shall remain in full force and effect from July 1, 2017 through June 30, 2021 inclusive. In the event that any Signatory chooses to withdraw from SCCWRP,then such Signatory shall notify in writing each of the other Signatories and SCCWRP of its decision,no later than February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and SCCWRP created hereby effective as of June 30 of such year. SCCWRP shall continue in effect and all provisions hereof shall be binding upon and inure to the benefit of the remaining Signatories. In the event that any non-Signatory agency of the Commission chooses to withdraw from SCCWRP,then such Commission agency shall notify SCCWRP of its decision in writing at least thirty(30)days prior to the date of anticipated withdrawal. Such Commission agency shall be thereupon deemed withdrawn from participation on the date specified in this notice provided 7 such notice is given at least 30 days prior to the anticipated withdrawal and SCCWRP. SCCWRP shall continue in effect and be governed by the remaining Commission members. 11. SCOPE AND CONDUCT OF SCCWRP The scope of SCCWRP's research work shall be reviewed and approved annually by the Commission,which shall seek the advice and counsel of the Executive Director and any other outside advisors deemed necessary or appropriate. The mechanism for review shall be a working research plan, revised annually or as otherwise necessary as determined by the Commission, stating the overall goals and objectives and including an outline of the known current and anticipated future year's research, staffing and funding necessary to successfully achieve the research objectives of this Agreement. The Commission shall, from time to time,but not less than once each year, submit a report to the governing bodies of each of the Signatories of this Agreement that shall include,but not be limited to,a summary of research accomplishments during the past year,discussion of research in progress and a financial statement. 12. AGENCIES OF SCCWRP The Executive Director is hereby appointed the Treasurer of SCCWRP and shall be responsible for the disposition of the funds of SCCWRP. The Executive Director is also appointed Auditor of SCCWRP. The Treasurer and Auditor shall make such reports and cause such audits of the accounts and records of SCCWRP to be made as are required by law. The Commission shall employ such legal counsel as it determines shall best serve the interests of SCCWRP. SCCWRP shall be strictly accountable for all funds and shall report all receipts and disbursements. The manner of exercising the common power provided for herein shall be subject to the restrictions on the manner of exercising such power of the Los Angeles County District. 13. ACCOUNTING SCCWRP shall establish and maintain such funds and accounts as may be required by good accounting practice. The Treasurer of SCCWRP shall have custody of the funds of SCCWRP and disbursement shall be made by the Treasurer in accordance with applicable procedures. Any earnings on the funds of SCCWRP shall be credited to and be a part of the funds of SCCWRP. 8 The fiscal year of SCCWRP shall begin on the first day of July of each year and shall end on the thirtieth day of June of the following. The Auditor shall contract with an independent certified public accountant to make an annual audit of the account and records of SCCWRP. A report thereof shall be filed as a public record with each of the Signatories and also with the County Auditor of the Counties of Los Angeles,Orange and San Diego. Such report shall also be filed with the Secretary of the State of California and shall be filed within twelve (12)months of the end of the fiscal yew under such examination. The cost of the audit shall be a debt of SCCWRP. 14. POWERS AND DUTIES OF SCCWRP SCCWRP shall and is hereby authorized in its own name to do all things necessary and desirable (subject to the limitations provided in this Agreement)to carry out the purposes of this Agreement, including,but not limited to,the following: (a) To make and enter into contracts; (b) To employ agents and employees; (c) To acquire, construct, manage,maintain or operate any buildings,works or improvements; (d) To acquire,hold or dispose of property; (e) To incur debts, liabilities and obligations which shall not constitute the debts, liabilities or obligations of any of the Signatories or any of the Commission members; and (1) To sue and be sued in its own time. 15. DISPOSITION OF PROPERTY AND SURPLUS FUND At the termination of this Agreement, any and all property, funds, assets and interests therein of SCCWRP shall become the property of and be distributed to such of the Signatories as we then members of SCCWRP, or their successors, in the same proportion as the then Signatories, or their successors, have contributed to the total cost of the agency. 16. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability,exemptions from laws, ordinances and rules, all pension,relief, disability, workers compensation and other benefits which apply to the activities of officers,agents or employees of any of the public agencies which are signatory to this Agreement when performing their respective functions within the territorial limits of their 9 respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement. 17. MISCELLANEOUS The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. 18. SUCCESSORS This agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 19. INDEMNIFICATION AND LIABILITY INSURANCE SCCWRP shall carry during the entire term of this Agreement, liability insurance coverage,naming all Signatories and others including Commission members as additional insured parties, in such kind and amounts as the Commission may from time to time determine to be appropriate. Such cost shall be a debt of SCCWRP. SCCWRP shall indemnify and hold harmless each Commission agency, its officers, agents,and employees, including each agency representative from and against all claims, demands or liability,including legal costs, arising out of or encountered in connection with this Agreement and the activities conducted hereunder and shall defend them and each of them against any claim,cause of action, liability, or damage resulting therefrom. 20. DISCLAIMER Approval of research work by the Commission is not intended in any way to bind, commit or unduly influence decisions of the Signatory or non-Signatory members of the Commission. The findings, conclusions and recommendations of SCCWRP shall not be construed necessarily as the position of any Signatory or non-Signatory member of the Commission. 21. COUNTERPART This Agreement may be signed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same agreement. IN WITNESS THEREOF, the parties have executed this Ninth Amended Agreement on the dates hereafter set forth. 10 CITY OF LOS ANGELES, DATED: a municipal corporation By: ATTEST: APPROVED AS To FORM: By: ORANGE COUNTY SANITATION DATED: DISTRICT,a special district By: John Nielsen,Board Chair ATTEST: Kelly Lore, Clerk of the Board APPROVED AS To FORM: By: Bradley R. Hogin, General Counsel [Signatures Continue] 11 CITY OF SAN DIEGO, DATED: a municipal corporation By: ATTEST: APPROVED AS TO FORM: By: 12 COUNTY SANITATION DISTRICT No. DATED: 2 OF LOS ANGELES COUNTY, a special district By: ATTEST: APPROVED AS TO FORM: By: (End of Signatures) 13 The Southern California Coastal Water Research Project Authority (SCCWRP) Established 1969 Stephen B. Weisberg Executive Director WHAT IS SCCWRP? • Joint Powers Agency founded in 1969 • Our mission : Provide an unbiased scientific foundation for water quality management in California - We don't do policy - We don't do regulation - However, we judge success on whether our science is being used by those who do policy and regulation • Member organizations include city, county, state, and federal agencies - Unique combination of regulators and dischargers MEMBER ORGANIZATIONS Los Angeles County Sanitation Districts San Diego Regional Water Quality Board City of Los Angeles Santa Ana Regional Water Quality Board Orange County Sanitation District Los Angeles Regional Water Quality Board City of San Diego State Water Resources Control Board Ventura County Watershed Protection U.S. Environmental Protection Agency Division California Ocean Protection Council Los Angeles County Flood Control District Orange County Public Works County of San Diego COMMISSION • Governing board that includes decision leaders from each member agency - Meets quarterly • Unique interface between science and management The real strength of the organization v ,l INTERNAL STRUCTURE • 43 full-time staff - 22 of whom have a Ph.D. • Six departments - Biology - Microbiology - Chemistry - Biogeochemistry - Toxicology - Information Management and Analysis • 98% of our projects are conducted collaboratively - We have published scientific papers with 177 different institutions from 26 countries in the last four years RESEARCH PRIORITIES • Regional monitoring - Provide big picture assessment of management success - Achieve consistency in data collection methods • Approaches/thresholds for interpreting monitoring data • New measurement methods - Better, faster, cheaper - Present focus is on transitioning to molecular and real-time methods • Emerging issues - Investigate issues that are too speculative for inclusion in routine discharge monitoring programs ISSUES NOT PART OF TYPICAL DISCHARGER MONITORING PROGRAMS • Ocean acidification • Marine debris , • Harmful algal blooms • Emerging chemical contaminants • Contaminant effects of fires EMERGING ISSUE : ARE ANTHROPOGENIC NUTRIENTS IMPORTANT IN AN UPWELLING DOMINATED REGION ? Two Opposing Views: _ r H tY OCSD Brought Together A Community of Researchers Modelers, Chemical Oceanographers, Physical Oceanographers, Biological Oceanographe ter scientists • C E A N • USC 'T1�1 `y Nne LIM -!I v �O � fL� O Autonomous • ' ' ' • • Slocum Gliders (plume tracking & phytoplankton response MI N p xxmmpoN wm y Y N6 {� a\ pCOT.Mm SI/OI ` S]D/OS a \` sx �L yY p .�u ry�NDt 6EKD �� \ GOO Wave Gli_d_er® Base Configuration] -- - Photo glideZoceantrack.orgl Sallnlly®OEPTH MJ-Bmt — vs nrx � us l neosw nrw nnerw nnrw merw 1e Multiple Types of Moorings . r� ErITIronmental Sample Processor (water chemistry, HAB species and toxins) Wirewalker Water Quality Moorings or (Vertical profiles water and Current Buoys chemistry) (water chemistry and currents) SHIP SURVEYS R �__ MEMO WHAT DID WE LEARN ? Nearshore: • Beaches were unimpacted • Algal bloom did not materialize Offshore: • Nitrogen inputs effect biological communities • We think this is a local effect • Focus of future research OUTCOMES FROM THE OCSD DIVERSION • Special journal issue on the diversion - Estuarine Coastal and Shelf ESTUARINE Science COASTAL AND SHELF SCIENCE , ,-,, ,... - • Findings are driving SCCWRP research VOW$" 159 . 20JUKI 2015 agenda and OCSD and other POTW special studies - Impetus for focus of regional monitoring program • Science community more closely aligned and continue to focus on this issue OPERATIONS COMMITTEE Meng D310 TOBE. Dir. 04/lti06/16 04/27/1Or6 AGENDA REPORT Item Item Number 0 13 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SARI ROCK STABILIZERS REMOVAL, PROJECT NO. 2-41-8 GENERAL MANAGER'S RECOMMENDATION A. Consider, receive, and file the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the SARI Rock Stabilizers Removal, Project No. 2-41-8, prepared by Michael Baker International; and B. Adopt Resolution No. OCSD 16-07 entitled; "A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8; adopting a Mitigation Monitoring and Reporting Program; and approving the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8." SUMMARY BACKGROUND The Orange County Sanitation District (Sanitation District) owns and operates the Santa Ana River Interceptor(SARI) pipeline along the Santa Ana River starting at the Riverside/San Bernardino County Line. A four-mile segment of the SARI line within the Santa Ana Canyon was subjected to erosion and potential failure from high flow releases in the Santa Ana River during major flood events.To prevent this, the County of Orange, in collaboration with the U.S. Army Corps of Engineers (Corps of Engineers), the Santa Ana Watershed Project Authority, and the Sanitation District, completed the SARI Realignment, Project No. 2-41. Prior to completion of the realignment, the Sanitation District had, at various times over the years, placed rocks in the river to protect certain segments of pipe. The permits issued by the Corps of Engineers to place the rocks obligated the Sanitation District to remove the rocks when the pipeline was relocated and the Corps of Engineers completed armoring the river banks. With completion of the realignment work, the Sanitation District is now obligated to remove the rocks once the Corps of Engineers completes the bank armoring, which is expected to be completed in 2017. RELEVANT STANDARDS • Public Resource Code 21000 et. seq. • Listen to and seriously consider community input on environmental concerns Page 1 of 3 Maintain collaborative and cooperative relationships with neighboring agencies PROBLEM State law requires that a review of potential environmental impacts of a project be conducted per the California Environmental Quality Act (CEQA) prior to beginning construction. PROPOSED SOLUTION The Sanitation District prepared an Initial Study and the corresponding supporting document, which in this case is a Mitigated Negative Declaration. TIMING CONCERNS The Sanitation District intends to begin soliciting professional design services for preparation of the plans and specifications for the required rock removal in April 2016. The CEQA process should be completed before design services actually begin, which is expected in August 2016. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District is required to comply with permits issued by the Corps of Engineers to remove temporary rock that was placed between the years 2005-2011 to protect the now abandoned SARI line. Failure to file and adopt the Mitigated Negative Declaration prohibits the project from moving forward and complying with permits. PRIOR COMMITTEE/BOARD ACTIONS May 2015-Approved a Professional Services Agreement with RBF Consulting, a Michael Baker International Company, to provide environmental engineering services for the preparation of a CEQA document. ADDITIONAL INFORMATION N/A CEQA The Sanitation District, as lead agency, prepared an Initial Study analyzing the project's potential environmental impacts. Based on the Initial Study, it was determined that all of the project's potentially significant environmental impacts can be mitigated to a level of less than significance. On this basis, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared. A 30-day public review period commenced on January 20, 2016 and ended on February 19, 2016. The Initial Study/Mitigated Negative Declaration was also submitted to the State Clearinghouse for Page 2 of 3 a 30-day comment period. (State Clearinghouse No. 2016011050.) The Sanitation District received comments on the Initial Study/Mitigated Negative Declaration, which are included in the Mitigated Negative Declaration, along with responses to those comments. The proposed Resolution making CEQA findings and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is attached for the Board's consideration and approval. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (Budget Fiscal Years 2014-15 and 2015-16, Section 8, Page 20). The Santa Ana Watershed Project Authority (SAWPA) will reimburse the Sanitation District for 76% of the cost of this project. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: • Initial Study/Mitigated Negative Declaration • Resolution No. OCSD 16-07 (attached in hard copy) HK:DC:dm:gc Page 3 of 3 .h .1 o,A r snx rar FINAL MARCH 2O16 ef aNr rnV'J��w<: ♦�* . �r'cc rr exae° Santa Ana River Interceptor Rock Stabilizers Removal, (Project No. 2-41 -8) Initial Study/Mitigated Negative Declaration Fl " F > W �y TL. r. 0 Prepared for: Orange County Sanitation District Prepared by: Michael Baker International FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Santa Ana River Interceptor Rock Stabilizers Removal, (Project No. 2-41 -8) Lead Agency: ,hVV SARI, b f 9 R 0 A THE HVV ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, California 92708-7018 Contact: Ms. Daisy Covarrubias Senior Staff Analyst 714.593.7119 Prepared by: MICHAEL BAKER INTERNATIONAL 14725 Alton Parkway Irvine, California 92618-2027 Contact: Mr. Eddie Torres, INCE 949.472.3505 March 2016 JN 147237 This document is designed for double-sided printing to conserve natural resources. a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) TABLE OF CONTENTS 1.0 Introduction.................................................................................................................................................1.1 2.0 Response to Comments.............................................................................................................................2.1 3.0 Errata...........................................................................................................................................................3.1 4.0 Mitigation Monitoring and Reporting Program........................................................................................4.1 Final I March 2016 1 Table of Contents a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) This page intentionally left blank. Final I March 2016 ii Table of Contents a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 1 .0 INTRODUCTION The Santa Ana River Interceptor pipeline (SARI), built and maintained by the Orange County Sanitation District(OCSD), extends along the Santa Ana River floodplain, across the Green River Golf Club, and then partially within the flood plain to Weir Canyon Road, within unincorporated Orange County and the City of Yorba Linda, California. The proposed project would remove rock material from the Santa Ana River channel downstream of the Green River Golf Club. As required by permit conditions for OCSD's SARI pipeline abandonment and relocation project, OCSD proposes to remove temporary rock rip rap material where practical along this segment of the Santa Ana River (the proposed project). Upon rock rip rap removal, minor smoothing of the river banks would be performed to restore their shape in areas where rock is removed. Site access would occur via existing unpaved temporary roads, most of which were used in the past to deposit the rock and access former OCSD manholes(which have now been abandoned). After removal work is completed, temporary access roads that led to past manholes would be scarified and hydro-seeded with a native plant mix approved by the resource agencies to facilitate re-growth of vegetation. In accordance with the California Environmental Quality Act (CEQA) Guidelines, an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the proposed Santa Ana River Interceptor Rock Stabilizers Removal, (Project No. 2-41-8). The IS/MND was made available for public review and comment pursuant to CEQA Guidelines Section 15070. The public review commenced on January 20, 2016 and concluded on February 19, 2016. The IS/MND and supporting attachments were available for review by the general public at: • Orange County Sanitation District,Administrative Office Bldg., Engineering Department, 10844 Ellis Avenue, Fountain Valley, CA 92708 • Yorba Linda Public Library, 18181 Imperial Highway,Yorba Linda, CA 92886 • Corona Public Library, 650 S. Main Street, Corona, CA 92882 • East Anaheim Branch Library,8201 E. Santa Ana Canyon Road,Anaheim, CA 92808 Final I March 2016 1.1 Introduction a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) This page intentionally left blank. Finals March 2016 1-2 Introduction a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 2.0 RESPONSE TO COMMENTS During the public review period, comments were received on the IS/MND from certain interested public agencies and private parties. The following is a list of the persons, firms, or agencies that submitted comments on the IS/MND during the public review period: Comment Person,Firm,or Agency Letter Dated Letter No. Scott Morgan,Director 1 State Clearinghouse and Planning Unit February 19,2016 Governor's Office of Planningand Research Maureen El Hamke,Branch Chief 2 Branch Chief,Regional-Community-Transit Planning February 3,2016 Califomia De artment of Transportation Gail K.Sevrens,Environmental Program Manager 3 South Coast Region February 17,2016 Califomia De rtment of Fish and Wildlife 4 Public Meeting February 2,2016 Although the CEQA Guidelines do not require a Lead Agency to prepare written responses to comments received (see CEQA Guidelines Section 15088), the Orange County Sanitation District has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter. Final I March 2016 2-1 Response to Comments COMMENT LETTER 1 4 F](4HN STATE OF CALIFORNIA 8 + Governor's Office of Planning and Research State Clearinghouse and Planning Unit Edmund G.Brown Jr. Ken Alex Governor Director February 19,2016 Daisy Covarrbuias Orange County Sanitation District 10844 Ellis Avenue Fountain Valley,CA 92708 Subject: Santa Ana River Interceptor Rock Removal Project(Project No.241-8) SCH#: 2016011050 Dear Daisy Covarrbmas: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on February 18,2016,and the comments from the responding agency lies)is(are)enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c)of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency ur which are 1-1 required to be carried out ar approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments,we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review process. Sincerely,- Scott Morgan Director,State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O.BOX 30" SACRAMENTO,CALIFORNIA 95812-3044 TEL(916)445-0613 FAX(916)323-3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Base SCH# 2016011050 Project Title Santa Ana River Interceptor Rock Removal Project(Project No.2-41-8) Lead Agency Orange County Sanitation District Type MIND Mitigated Negative Declaration Description The proposed project would remove rock material from the Santa Ana River channel downstream of the Green River Golf Club. As required by permit conditions,the project would remove temporary rock rip rap material that was placed since 2005. Rock placed before 2005 would also be removed where practical. Minor smoothing of the river banks would be performed to restore their shape in areas where rock is removed. Site access would occur via existing unpaved temporary roads, most of which were used in the past to deposit the rock and access former OCSD manholes(which have now been abandoned). After removal work is completed,temporary access roads that led to past manholes would be scarified and hydro-seeded with a native plant mixed approve by the resource agencies to facilitate re-growth of vegetation. Lead Agency Contact Name Daisy Covanbuias Agency Orange County Sanitation District Phone 714-593-7119 Fax email Address 10844 Ellis Avenue City Fountain Valley State CA Zip 92708 Project Location County Orange City Yorba Linda,Anaheim Region Lat/Long 33°52'21.12"N/117'42'42.22"W Cross Streets Gypsum Canyon Road and E.La Palma Ave. Parcel No. Township 3S Range 8W Section 34 Base SBBM Proximity to: Highways SR-91 Airports Railways BNSF Waterways Santa Ana River Schools Land Use Open Space(OS-General)/Open Space by Yorba Linda and Open Space/General Agriculture(At)by County. Project Issues Aesthetic/Visual;Agricultural Land;Air Quality;Archaeologic-Historic;Biological Resources; Dreinage/Absorption; Emnomics/Jobs;Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Noise;Population/Housing Balance; Public Services;Recreation/Parks; Schools/Universities;Sewer Capacity;Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous;Traf clCirculation;Vegetation;Water Quality;Wetland/Riparian;Water Supply; Landuse;Other Issues Reviewing Resources Agency; Department of Boating and Waterways; Department of Fish and Wildlife,Region Agencies 5;Caltrans, Division of Aeronautics; Department of Water Resources;California Highway Patrol; Caltrsns,District 12;Air Resources Board;Regional Water Quality Control Board, Region 8; Native American Heritage Commission;Public Utilities Commission;State Lands Commission Date Received 01/20/2016 Startol'Review 01/20/2016 EndofReview 02/18/2016 Note: Blanks in data fields result from insufficient information provided by lead agency. a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Response No. 1 Mr.Scott Morgan, Director State Clearinghouse and Planning Unit Governor's Office of Planning and Research February 22,2016 1-1 The commenter indicates that the State Clearinghouse submitted the IS/MND to selected stale agencies for review, and that the comment period for the Draft IS/MND concluded on February 18, 2016 for Stale agencies. The comment indicates that the lead agency complied with the review requirements for draft environmental documents pursuant to CEQA. It also provides a summary of information contained within the State Clearinghouse's database for the proposed project. As such, the comment does not provide specific comments regarding information presented in the IS/MND and no further response is necessary. Final I March 2016 24 Response to Comments COMMENT LETTER 2 D. ,.I�„ DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 MICHELSON DRIVE,SUITE 100 IRVINE.CA 92612-8894 PHONE (949)724.2000 FAX (949)724.2019 udp TTY 711 www.dotu.gov February 3,2016 Ms. Daisy Covarrubias File: IGR/CEQA Orange County Sanitation District SCH:2016011050 10844 Ellis Avenue IGR Log:4601 Fountain Valley,CA 92708 SR: 91 Dear Ms. Covarrubias: Thank you for the opportunity to review and comment on the Draft Mitigated Negative Declaration(MND)for the Santa Ana River Interceptor Rock Removal Project.The project would remove rock material from the Santa Ana River channel downstream of the Green River Golf Club.The project would allow for compliance with permit conditions by moving temporary rock rip rap placed there before 2005. The project is located in the City of Yorba Linda and unincorporated Orange County,along the Santa Ana River. The nearest state route to the project site is SR-91. Caltrans is a responsible and commenting agency on this project and has no comments at this 2.1 time,however, in the event of any activity in Caltrans right-of-way an encroachment permit will be required. Any project work proposed in the vicinity of the State right of way would require an encroachment permit and all environmental concerns must be adequately addressed. If the environmental documentation for the project does not meet Caltrans's requirements,additional documentation would be required before approval of the encroachment permit. Please coordinate with Caltrans to meet requirements for any work within or near State right of wayhttp://www.dot.ca. og v/hg/tmffops/dcvclopserv/permits Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Maryam Molavi at(949) 724-2241. Sincerely, MAUREEN EL HARAKE Branch Chief, Regional-Community-Transit Planning District 12 "Prowdenwfi'.am.,.bk.Okegrnkd mdef/laknllmnywmuon NFlem ro rnbnre Calf n'.I rcn.,mrd1.bhry a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Response No. 2 Ms. Maureen El Harake, Branch Chief Branch Chief, Regional-Community-Transit Planning California Department of Transportation February 3, 2016 2-1 The commenter provides a summary of the project description. This comment states that California Department of Transportation (Caltrans)has no comments at this time. It also states that in the event of any activity in Caltrans right-of-way, an encroachment permit would be required and all environmental concerns must be adequately addressed. If the project's environmental documentation does not meet Caltrans's requirements, additional documentation would be required. As disclosed on page 2-23 of the Public Review Draft IS/MND, a Caltrans Encroachment Permit would be required as part of the proposed project. The Orange County Sanitation District would provide Caltrans any required documentation, as necessary. Caltrans also requests information on the progress of the project and any future developments that could potentially impact the State Transportation Facilities. Final March 2016 2-6 Response to Comments COMMENT LETTER 3 State of California -Natural Resources Agency EDMUND G. BROWN JR. Govemor r DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM,Director South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858)467-4201 www.wildlife.r .gov February 17, 2016 Ms. Carla Dillon Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 CEQA@OCSD.com Subject: Comments on the Notice of Intent to Adopt a Mitigated Negative Declaration for the Santa Ana River Interceptor Rock Removal Project, Orange County, CA (SCH# 2016011050) Dear Ms. Dillon: The California Department of Fish and Wildlife (Department) has reviewed the above- referenced Notice of Intent to Adopt a Mitigated Negative Declaration (MND)for the proposed Santa Ana River Interceptor Rock Removal Project, dated January 20, 2016. The following statements and comments have been prepared pursuant to the Department's authority as Trustee Agency with jurisdiction over natural resources affected by the project (California Environmental Quality Act [CEQA] Guidelines § 15386) and pursuant to our authority as a Responsible Agency under CEQA Guidelines section 15381 over those aspects of the proposed project that come under the purview of the California Endangered Species Act (CESA; Fish and Game Code §2050 et seq.) and Fish and Game Code section 1600 at seq. The Department also administers the Natural Community Conservation Planning (NCCP) program. In order to fulfill permit requirements, the project would remove temporary rock rip rap material that was placed in 2005 in order to protect the Santa Ana River Interceptor(SARI) line. Located in the Santa Ana River channel downstream of the Green River Goff Club, the project area 3-1 comprises many small sites that would be accessed separately through existing unpaved roads. Construction is anticipated to last 12 months beginning in 2017. concurrent with other construction in the immediate vicinity, including the United States Army Corps of Engineers (ACOE) Santa Ana River Reach 9 Improvement Project (Phases 4, 5A, 51S) and the Santa Ana River Parkway Extension Project (Orange County Public Works (OCPW)). The Santa Ana River is an important wildlife corridor for many species, particularly migratory birds, and many avian species use this area for breeding and nesting. In addition, compensatory mitigation for other developments/projects exists in immediate proximity to the proposed project. The Department's main concerns regarding the proposed project include a lack of analysis of cumulative impacts. We are also concerned about consistency with existing regional plans, specifically the Santa Ana River Canyon Habitat Management Plan (SARCHMP). We offer the following comments and recommendations to assist the Orange County Sanitation District (Sanitation District) in avoiding or minimizing potential project impacts on biological resources. Conserving CaCfomia's Wddlfe Since 1870 Ms. Carla Dillon Orange County Sanitation District February 17, 2016 Page 2 of 4 1. Cumulative impacts to biological resources are not discussed in detail in the draft MND. The draft MND's Mandatory Findings of Significance states that, "Due to the nature of the proposed project (i.e., removal of rip rap materials), implementation would not involve significant cumulative impacts. Project implementation would not result in increased capacity of the regional pipeline. The proposed project would not result in population growth within the project area, either directly or indirectly. Although the project may incrementally affect other resources that were determined to be less than significant, the project's contribution to these effects is not considered 'cumulatively considerable', in consideration of the relatively nominal impacts of the project. The proposed project would not result in any significant adverse cumulative impacts; (page 4.18-1). The Department is unclear as to how this conclusion was reached as analysis of cumulative impacts to biological resources was not presented in the Biological Technical Report (Appendix B; prepared by Bonterra) or MND. There are projects geographically proximate to the project area, and the anticipated start of construction activities for the SARI Rock Removal Project(September 2017) overlaps the temporal commencement of construction activities for several other projects; therefore, the Department believes there is the potential for cumulative impacts to occur as a result of project activities. We recommend that the Biological Technical Report be amended to include a thorough analysis of cumulative impacts of the proposed project relative to other projects occurring in the area, including, but not limited to: a. Old Canal Road Annex-Savi Ranch, City of Yorba Linda; 3.2 b. Mitsubishi Motors Site- Savi Ranch, City of Yorba Linda; c. Santa Ana River Parkway Extension Project, OCPW; d. Mountain Park Specific Plan, City of Anaheim; e. Green River Road Widening: SR-91 to Palisades (48-11-6), City of Corona; f. SR-91 Project, Riverside County Transportation Commission; g. Orange County Water District Prado Basin Sediment Management Project, Orange County Water District; h. Orange County Water District La Palma Recharge Basin Project, Orange County Water District; and i. SAR Main Stream Improvements—Lower SAR Reach 9(Phases 4, 5A, and 5 B), ACOE. The final MND should include a detailed discussion of this analysis in the Mandatory Findings of Significance section. If cumulative impacts are determined to be significant without mitigation, the MIND should be amended to include a mitigation measure or measures that bring the proposed project's cumulative impacts below a level of significance. Ms. Carla Dillon Orange County Sanitation District February 17, 2016 Page 3 of 4 We recommend that the mitigation measure include inter-agency coordination within the project area so that complex, high quality riparian or upland mitigation for other projects' 32 impacts will not be constructed within the SARI Rock Removal Project construction footprint. 2. The Department is unclear how the proposed project was designed to be consistent with the Sanitation District's mitigation obligations for impacts under the SARCHMP. In 2002, the Department issued a CESA Incidental Take Permit (for take of CESA-listed least Bell's vireo [Vireo belli pusillus], southwestern willow flycatcher[Empidonax trailli trail6], and western yellow-billed cuckoo [Coccyzus americans occidentalis]) and a Streambed Alteration Agreement [1600-2001-0263-R6]to Orange County Flood Control for Prado Dam, Reach 9, and Norco Bluffs Flood Control Improvement Project. The U.S. Fish and Wildlife Service (USFWS) also issued a Biological Opinion pursuant to the Federal Endangered Species Act. The permits required protection of the habitat and resources downstream of Prado Dam to Weir Canyon (Reach 9). They also required the development of a Habitat Management 3-3 Plan (SARCHMP), including specific information on downstream monitoring to ensure no future net loss of habitat within the Santa Ana River and to prevent additional take of least Bell's vireo. While the proposed project is partially located within Santa Ana River Canyon, the MND does not discuss the SARCHMP. Details of the Sanitation District's mitigation obligations under this regional plan, if any, as well as how the proposed project is designed to be compliant with SARCHMP, should be summarized in the final MND. In addition, the MND should include a discussion of how obligations under SARCHMP will be met, and mitigation measures should be included which explicitly fulfill these obligations. 3. The Department concurs that mitigation measures BID 5, 6, and 7 partially avoid impacts to sensitive avian species, specifically least Bell's vireo; however, we recommend these measures be amended to include the following: a. Clearing, grubbing, or/and excavation activities in potentially suitable nesting habitat is not allowed during the nesting season for least Bell's vireo (March 15-August 31). If 34 these activities will occur during that time frame, the Department recommends the Sanitation District seek appropriate take authorization under CESA prior to implementing the project. Appropriate authorization from the Department may include an incidental take permit or a consistency determination (Fish and Game Code §§2080.1, 2081, subds. (b),(c)). Therefore, BIO-6 should be amended to specify the potential need for take authorization; b. We request that protocol surveys for least Bell's vireo, along with any other reports and maps of significant impacts to native vegetationiforaging habitat be shared with the 3-5 Department as well as the USFWS (Wildlife Agencies); c. Inclusion of a minimum nest protection buffer from 300 feet(most passerines)to 500 feet(raptors and sensitive species); and 3"6 d. Nesting surveys described be conducted no later than three (3) days prior to construction. Longer periods between nesting surveys and the start of construction 3-7 activities increase the likelihood that nesting activity can occur undetected during this Ms. Carla Dillon Orange County Sanitation District February 17, 2016 Page 4 of 4 period, which may increase direct impacts to special status and passerine species such I 3-7 that they are significant without further mitigation. 4. The Department requests that mitigation measure BIO-2 include a reporting element and I 3-8that these reports are made available to the Wildlife Agencies upon request. Given that Santa Ana Sucker(Catostomus santaanae) is a California Species of Special Concern, we recommend that mitigation measure BIO-4 be amended such that the Wildlife ;-9 Agencies are both informed of presence of this species if it is detected during preconstruction surveys. We also request that presence/absence reports be made available. We appreciate the opportunity to comment on the draft MND for this project and to assist the Sanitation District in further minimizing and mitigating project impacts to biological resources. The Department requests an opportunity to review and comment on any response that the ; 1U Sanitation District has to our comments and to receive notification of the forthcoming hearing date for the project (CEQA Guidelines; §15073(e)). If you have any questions or comments regarding this letter, please contact Jennifer Edwards at (858)467-2717 or via email at jennffer.edwards@wildlife.ra.gov. Sincerely, Gail K. Sevrens Environmental Program Manager South Coast Region ec: Colleen Draguesku (U.S. Fish and Wildlife Service) Scott Morgan (State Clearinghouse) a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Response No. 3 Ms. Gail K.Sevrens, Environmental Program Manager South Coast Region California Department of Fish and Wildlife February 17,2016 3-1 The commenter provides general introductory information and a summary of the project description, and a summary of the comments provided in the letter. Refer to Responses 3-2 through 3-10 for responses to these concerns. 3-2 It is acknowledged that cumulative projects are proposed in the area. Although cumulative effects are considered, an impact is only present if the project cumulatively contributes to the larger issue. The proposed project is a restoration project within the Santa Ana River and is intended to restore the biological environment to pre-pipeline installation conditions. Currently, the project site consists of highly disturbed unimproved access roads and rock rip-rap areas. Thus, although cumulative projects would be occurring in the area, the project is not anticipated to cumulatively contribute to a long-term biological impact to the area. The proposed project would result in some construction-related impacts in order to remove rock rip- rap materials from the river, these impacts are minimal and the proposed project would not significantly cumulatively contribute to impacts during construction with implementation of the recommended mitigation measures. Similarly, other cumulative projects would be required to identify applicable mitigation measures on a project-by-project basis to ensure biological impacts and other cumulatively considerable impacts during construction, are minimized (further reducing the overall cumulative impact). Therefore, the proposed project would not result in any significant cumulatively considerable impacts, including those to biological resources. The project would be subject to permits and other applicable agency approvals from the County of Orange, cities of Yorba Linda, Corona, and Anaheim, California State Parks, California Department of Transportation (Caltrans), California Department of Fish and Wildlife (CDFW), and possibly the U.S. Fish and Wildlife Service (USFWS). As permits are required, full agency consultation would be required by the permitting agencies as the project moves through the permitting process. 3-3 The commenter requests a discussion on how the proposed project was designed to be consistent with the mitigation obligations for impacts under the Santa Ana River Canyon Habitat Management Plan (SARCHMP). The SARCHMP addresses the fioodplain and open space wildlife habitat in Santa Ana Canyon below Prado Dam and provides for planning and management continuity for the canyon habitat from Prado Dam downstream to Weir Canyon Road. The project site is located within the SARCHMP. Implementation of the proposed project would remove rock material from the Santa Ana River channel downstream of the Green River Golf Club, as required by permit conditions set forth as part of the SARI pipeline realignment project. Final I March 2016 2.11 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) The intent of the SARCHMP is to mitigate (through fioodplain and habitat management) impacts associated with the Santa Ana River Mainstem Project (SARP), as required by the Final Supplemental Environmental Impact Statement (FSEIS). The proposed project is not associated with the Santa Ana River Mainstem Project(SARP), but rather the Santa Ana River Interceptor (SARI) Line Protection/Relocation project. As part of the SARI Protection/Relocation Project, the USACE Special Condition 7 of Emergency Permit SPL- 2008-00996 requires OCSD"to remove all rock rip-rap that was installed to temporarily protect the SARI line under emergency authorization (the subject of this Initial Study). Thus, the proposed project is a restoration project within the Santa Ana River and is intended to restore the biological environment to pre-rock placement conditions (which is consistent with the intent of the SARCHMP). The proposed project would not change any land uses/operations within the SARCHMP and the project would be consistent with the objectives of the SARCHMP. Further, the project would be subject to permits and other applicable agency approvals from the County of Orange, cities of Yorba Linda, Corona, and Anaheim,the California State Parks, Caltrans, CDFW, and possibly the USFWS. Consistency with the SARCHMP and the LCA would be required and reinforced by the permitting agencies during the permitting process. Stakeholder meetings have been held to date, which have allowed stakeholders to voice support and any concerns. Although short-term during construction impacts occur,the rock removal and revegetation off-sets such impacts. 3-4 The commenter recommends that if construction activities occur during the nesting season for least Bell's vireo, that OCSD shall seek appropriate take authorization under CESA prior to project implementation. Appropriate authorization from the CDFW may include an incidental take permit or a consistency determination pursuant to the California Fish and Game Code. Refer to Response 3-5 for changes made to Mitigation Measures BIO-5 and BIO-6 and Response 3-7 for changes made to Mitigation Measure BIO-7. 3-5 The commenter recommends that mitigation measures shall be amended to state protocol surveys for least Bell's vireo and other reports and maps regarding significant impacts to native vegetationlforaging habitat be made available to the CDFW and the USFWS. Changes to Mitigation Measures BIO-5 and BIO-6 are as follows (refer to Response 3-7 for changes made to Mitigation Measure BIO-7): BIO-5 A qualified Biologist that conducts monitoring activities shall delineate (by the use of fencing or lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for least Bell's vireo occupation. In order to avoid impacts on the least Bell's vireo, it would be necessary to perform construction activities during the non-nesting season. If construction activities would occur during the nesting season for the least Bell's vireo (i.e., March 15 to September 15) within 500 feet of potential habitat for this species (e.g., southern willow scrub, mule fat scrub, southern cottonwood—willow riparian forest), a pre- construction focused survey shall be conducted no later than three (31 days Dror to construction to determine whether habitat within the impact boundaries is occulpiedorqnQcQuiped at the time of construction. If a re-construction Final I March 2016 2.12 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) focused survey is not conducted, all riparian habitat (i.e., southern willow scrub, mule fat scrub, disturbed mulefat scrub, and southern cottonwood—willow riparian forest) shall be considered occupied. If least Bell's vireo is present during construction or if presence is assumed, a 500 foot buffer will be installed around the nest and suitable habitat, and noise levels shall remain less than 60 A-weighted decibels (dbA) or the current existing noise level at the outer drip line of riparian habitat throughout the nesting season or until a qualified Biologist has determined that the species no longer occupies the area. Noise minimization measures, such as sound walls developed in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no least Bell's vireos are observed, construction may proceed without any noise restrictions. The ore-construction focused surveys shall be made available to the USFWS and the CDFW. Additionally if construction activities occur during the nesting season for lead Bell's vireo. OCSD shall seek appropriate take authorization under the California Endangered Species Act (CESA) and Federal Endangered Species Act (FESA) prior to project implementation. Appropriate authorization from the CDFW (Fish and Game Code&8 2080.1 . 2081, subds. (bl.(c11 and the USFWS (FESA Section 7 or Section 10) may include an incidental take permit or a consistency determination. BIO-6 A qualified Biologist that conducts monitoring activities shall delineate (by the use of fencing or lath and ropesMagging) all areas adjacent to the impact area that contain habitat suitable for coastal California gnatcatcher occupation. In order to avoid impacts on the coastal California gnatcatcher, it would be necessary to perform construction during the non-nesting season. If construction activities would occur during the nesting season for the gnatcatcher (i.e., February 15 to August 31) within 500 feet of potential habitat for this species (e.g., mixed sage scrub), a pre-construction focused survey shall be conducted no later than three (3) days prior construction to determine whether habitat in the impact boundaries is occupied or unoccupied at the time of construction. If a pre-construction focused survey is not conducted, all coastal sage scrub habitat shall be considered occupied. If coastal California gnatcatcher is present during construction or if presence is assumed,sa SQQQo� buffer will be installed around the nest and suitable habitat and noise levels shall remain less than 60 dBA or the current existing noise level at the outer drip line of coastal sage scrub habitat throughout the nesting season or until a qualified Biologist has determined that the species no longer occupies the area. Noise minimization measures, such as sound walls developed in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no coastal California gnatcatchers are observed, construction may proceed without any noise restrictions. construction focused surveys shall be made available to the USFWS and the CDFW. Final I March 2016 2.13 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 3-6 The commenter recommends that mitigation measures shall be amended to state that the inclusion of a minimum nest protection buffer from 300 feet for most passerines to 500 feet for raptors and sensitive species. Mitigation Measure BI0-7 is revised in the Final IS/MND and the changes are reflected in Response 3-7. 3-7 This comment recommends that mitigation measures shall be amended to state that nesting surveys shall be conducted no later than three days prior to construction. Mitigation Measure BIO-7 is revised in the Final IS/MND and the changes are reflected in Section 8.0 and Section 9.0. BI0-7 In order to avoid impacts on nesting birds and raptors (common or special status), project activities shall be scheduled during the non-nesting season (generally between September 16 and February 14 for nesting birds; between July 1 and January 31 for nesting raptors), to the extent feasible, as determined by the Contractor. If project timing requires that construction activities be conducted during the nesting season (generally between February 1 and September 15), a pre-construction survey (or multiple surveys) shall be conducted by a qualified Biologist for nesting birds and/or raptors prior to disturbance to confirm the absence of active nests. The ore-construction survey or multiple surveys shall be made available to the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFWI. If no active nests are found, no further mitigation would be required. If the Biologist finds an active nest within or adjacent to the construction area and determines that the nest may be impacted, the Biologist shall identify an appropriate buffer zone around the nest depending on the sensitivity of the species and the nature of the construction activity. The active site shall be protected with orange construction fencing and construction setbacks (described below) until nesting activity has ended to ensure compliance with the Migratory Bird Treaty Act (META) and the California Fish and Game Code. To protect any nest site, the following restrictions to construction activities shall be required until nests are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest (the buffer shall be 300 feet for most passerines to 500 feel for raptors and sensitive species), unless otherwise determined by a qualified Biologist and (2) access and surveying shall be restricted within the buffer of any occupied nest and conducted no later than three (3) days prior to construction, unless otherwise determined by a qualified Biologist. Construction and/or encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. Final I March 2016 2.14 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 3-8 The commenter requests that Mitigation Measure BIO-2 include a reporting element and these reports be made available to the CDFW and the USFWS. Mitigation Measure BIO-2 is revised in the Final IS/MND and the changes are reflected in Section 8.0 and Section 9.0. BIO-2 All trees (i.e., southern California black walnut, coast live oak,willows) are to be identified and protected in place to the extent feasible, consistent with removing the identified rock. A report of the identified and orotected trees shall be made available to the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife (CDFW) upon request. With the approval of a qualified Arborist, the Contractor shall install fencing, stakes, or flagging around the trees prior to initiation of construction activities. If trees cannot be entirely avoided (such as necessary work within the dripline, branch trimming, or root cutting), then a qualified Arborist shall be on site to monitor these activities. Should any protected tree need to be relocated or removed as part of the proposed project, a permit shall be obtained from the City of Yorba Linda Community Development Director prior to the removal, cutting down, or destruction of any protected tree, defined as any live plant that has a single trunk measuring at least three inches in diameter, measured at a point two feet above ground level. The Orange County Sanitation District shall comply with conditions of the permit, as well as the Project's Streambed Alteration Agreement (issued by the CDFW),which may include tree replacement. 3-9 The commenter recommends that Mitigation Measure BIO-4 shall be amended to state that the CDFW and the USFWS be informed of the presence of the Santa Ana Sucker (Catosfomus sanfaanae) if detected during pre-construction surveys and requests that presence/absence reports be made available to the wildlife agencies. Mitigation Measure BI04 is revised in the Final IS/MND and the changes are reflected in Section 8.0 and Section 9.0. BIO-4 If determined feasible by9S�eter, work shall be conducted during the dry season(April 15 through October 15)when there would be less potential to impact water supporting special status fish species. Prior to initiation of activities within or adjacent to the Santa Ana River, pre-construction surveys shall be conducted to determine the presence or absence of the Santa Ana sucker within the impact area and that presence/absence reports be made available to the U.S. Fish and Wildlife Service (USFWS) and the CDFW. If Santa Ana sucker is detected, work shall stop and the U.S. F sh and .,�a '""'a!fe Sewise(USFWS)and the CDFW shall be notified. Additionally, sedimentation- and erosion-control measures, such as straw wattles, silt fences and signage, shall be implemented to reduce the amount of impact to waters downstream of the proposed impact area. Final I March 2016 2.15 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 3-10 The commenter provides general conclusion information. CDFW is requesting the opportunity to review and comment on any response that the Orange County Sanitation District has to their comments and to receive notification of future hearing dates for the project. Final I March 2016 2-16 Response to Comments COMMENT LETTER 4 is Santa Ana River Interceptor Rock Removal Project PUBLIC MEETING COMMENTFORM NAME AND ADDRESS OF COMMENTOR: (include group or public agency affiliation, as applicable) /P944 LrevaA ;2csoeV7 4✓tt> In z X"DW l✓ COMMENTS: Please provide your comments on potential environmental issueslimpacts associated with the Project and/or Initial Study/Mitigated Negative Declaration Public Review Draft. Attach additional pieces of paper, as needed. This form and/or additional comments can be submitted to Orange County Sanitation District (OCSD) at the Public Meeting or mailed to the OCSD — 10844 Ellis Avenue, Fountain Valley, California 92708, Attention: Ms. Daisy Covarmbias. Comments may also be e-mailed to: DCOVARRUBIASlaOCSD.COM Please note that comments are due by 5:00 p.m., February 19, 2016. �Nc Ste/ �¢oTrZ7 �esur7rn �.✓ 7HF 2irlrNfL 4-1 OF 0114n,4 -"k nVa27r4 Sys or 7ieF 9/ r1W✓ e4S-7 of �71/PS Id Gsv�cW . 7 S fit\ IAl - eWt-t3ED 7VOrSF � f/s�1DL/LN75 604en* >Aey i5ff y Ph/ 2c-SIDE NCE. ?C"WS A 7YIE 91 �rT.(i✓ 70 �'aVcr /NOISE 7 L�<#7 POLc. u�anl � 0 n A "m Z E w 2 u � � w O N a a M o � E d F cr n Lu U W o o Z c v � LL O N cc C C Q � o C N � p o r T y C d a J w = A h Q a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Response No. 4 Mr. David Daring Resident Public Meeting February 2, 2016 4-1 The commenter provides concerns regarding OCSD's SARI pipeline abandonment and relocation project that resulted in the removal of trees along the north side of the 91 freeway. The commenter suggests this has caused an increase in noise and light impacts and raises the question of future plans to reduce noise and light pollution as a result of the SARI pipeline abandonment and relocation project. However, these concerns are not applicable to the proposed rock removal activities and the commenter does not provide specific comments regarding information presented in the IS/MND. No further response is necessary. Final I March 2016 2-19 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) This page intentionally left blank. Final I March 2016 2-20 Response to Comments a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 3.0 ERRATA Changes to the Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) are noted below. A double-underline indicates additions to the text strikethFough indicates deletions to the text. Changes have been analyzed and responded to in Section 2.0, Response to Comments, of the Final IS/MND. The changes to the Draft IS/MND do not affect the overall conclusions of the environmental document. Changes are listed by page and, where appropriate, by paragraph. All mitigation measure modifications have been reflected in Section 4.0, Mitigation Monitoring and Reporting Program,of the Final IS/MND. GENERAL CHANGES The title of the proposed project has been changed as follows: "Santa Ana River Interceptor Rock iliz Removal,PrejesF (Project No. 2-41-8)". These changes are incorporated into the Final IS/MND throughout,where applicable. SECTION 4.3, AIR QUALITY 4.3-8, Mitigation Measure AQ-1 AQ-1 Prior to issuance of any encroachment permits, the Orange County Sanitation District shall confirm that all project plans and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non-toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shall be replaced with ground cover or hydroseed with native mix}3aved immediately after construction is completed in the affected area; • On-site vehicle speed shall be limited to 15 miles per hour; and • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site. Final I March 2016 3.1 Errata a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) SECTION 4.4, BIOLOGICAL RESOURCES 4.4-22,2,d Paragraph,210 and 3b Sentences Mitigation Measure BIO-4 would require all work to be conducted during the dry season (April 15 through October 15)when there would be less potential to impact water supporting special status fish species. Prior to initiation of activities within or adjacent to the Santa Ana River, pre-construction surveys would be required to be conducted in order to determine the presence or absence of the Santa Ana sucker within the impact area and that presence/absence reports be made available to the IjSFWS and the CDFW. Although not anticipated to be encountered, if the Santa Ana sucker is detected, work would be required to stop and the IjSFWS and the CDFW would be nofified. Additionally, sedimentation- and erosion-control measures would be implemented to reduce the amount of impact to waters downstream of the proposed impact area. 4.4-24, 1�Paragraph Based on the Biological Report, if least Bell's vireo is present during construction or if presence is assumed, a 500 foot buffer would be required to be installed around the nest and suitable habitat. and noise levels would be required to remain less than 60 A-weighted decibel scale (dBA) or the current existing noise level at the edge of riparian habitat throughout the nesting season or until a qualified Biologist has determined that the species no longer occupies the area (Mitigation Measure BIO-5). Noise minimization measures, such as temporary noise barriers developed in consultation with the 11SFWS and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no least Bell's vireos are observed, construction would proceed without any noise restrictions. The pre-construction focused surveys would be required to be made available to the IjSFWS and the CDFW. Additionally. if construction activities occur durna the nestina season for least Bell's vireo. OCSD would be required to see appropriate take authorization under the California Endangered Species Act (CESAI and Federal Endangered Species Act (FESA) prior to project implementation. Appropriate authorization from the CDFW(Fish and Game Code Section 2080.1, 2081, subds. (b).(M)and the 11SFW3 (FESA Section 7 or Section 10)may include an incidental take permit or a consistency determination. 4.4-24, Last Paragraph,V Sentence If construction activities would occur during the nesting season for the gnatcatcher(i.e., February 15 to August 31) within 500 feet of potential habitat for this species (e.g., mixed sage scrub), a pre- consWction focused survey would be required to be conducted no later than three (31 days prior construction to determine whether habitat in the impact boundaries is occupied at the time of construction. 4.4-28, 1�Paragraph, Last Sentence The ore-construction survey or multiple surveys would be required to be made available to the 11SFWS and the CDFW. If no active nests are found,no further mitigation would be required. Final I March 2016 3.2 Errata a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 4.4-28,2^ Paragraph,3"Sentence To protect any nest site,the following restrictions to construction activities would be required until nests are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest(the buffer shall be 300 feet for most Dasserines to 500 feet for raptors and sensitive species), unless otherwise determined by a qualified Biologist and (2)access and surveying would be restricted within the buffer of any occupied nest and conducted no later than three(3)days prior to construction, unless otherwise determined by a qualified Biologist. Construction and/or encroachment into the buffer area around a known nest would only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. 4.445, Mitigation Measures BIO-1 and BIO-2 BIO-1 Impacts to native vegetation types and those that may support special status species and foraging habitat for sensitive raptors and other bird species shall be avoided to the extent feasible. With the approval of a qualified Biologist, the Contractor shall install fencing, stakes, or flagging around the limits of disturbance (impact area) and around any sensitive habitat(i.e., mixed sage scrub, riparian/riverine) prior to initiation of construction activities in order to prevent damage to adjacent vegetation and habitat. To minimize disturbance in areas of sensitive habitat, the Contractor shall ensure that rock removal occurs progressively into the rock structure from a disturbed location, then backs out the same direction. A grappler loader truck (or similar equipment that would minimize disturbance)should be used in these locations. If significant impacts to native vegetation and foraging habitat are unavoidable, a qualified Biologist shall delineate on a map and quantify the amount of vegetation impacted prior the initiation of activities. Within 30 days of completion of the project, the qualified Biologist shall complete a post-project survey of the impact limits and provide a summary to the U.S. Fish and Wildlife Service (USFWS). Should unapproved impacts occur pursuant to the post-proiect sure As Pelt Gf the USFWS . .. IatGFy . 8At6 she ld the Iennre determined neeessary, a Restoration Plan may be required by the USFWS to be-developed-te-ensure no net loss of habitat values result from the project activities. This may include preservation, restoration, and enhancement on the project site and off site. The mitigation ratio shall be negotiated with the resource agencies. BIO-2 All trees (i.e., southern California black walnut, coast live oak, willows) are to be identified and protected in place to the extent feasible, consistent with removing the identified rock. A2EPQ of the identified and protected trees shall be made available to the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife (CDFW) upon request. With the approval of a qualified Arborist, the Contractor shall install fencing, stakes, or flagging around the trees prior to initiation of construction activities. If trees cannot be entirely avoided (such as necessary work within the dripline, branch Dimming, or root cutting), then a qualified Arborist shall be on site to monitor these activities. Should any protected tree need to be relocated or removed as part of the proposed project, a permit shall be obtained from the City of Yorba Linda Community Development Director prior to the removal, cutting down, or destruction of any protected tree, defined as any live plant that has a single trunk measuring at least three inches in diameter, measured at a point two feet above ground level. The Orange County Final I March 2016 3.3 Errata a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Sanitation District shall comply with conditions of the permit, as well as the Project's Streambed Alteration Agreement(issued by the CDFW,which may include tree replacement. 4.4-46, Mitigation Measures BIO-4, BIO-5,and BIO-6 BIO-4 If determined feasible by OCSDTAe-CeRI aeter, work shall be conducted during the dry season (April 15 through October 15) when there would be less potential to impact water supporting special status fish species. Prior to initiation of activities within or adjacent to the Santa Ana River, pre-construction surveys shall be conducted to determine the presence or absence of the Santa Ana sucker within the impact area and that presence/absence reports be made available to the U.S. Fish and Wildlife Service (USFWS) and the CDFW. If Santa Ana sucker is detected, work shall stop and the ".c Fish And rnrudnr c,.. ,,,., USFWS) and the CDFW shall be notified. Additionally, sedimentation- and erosion-control measures, such as straw wattles, silt fences and signage, shall be implemented to reduce the amount of impact to waters downstream of the proposed impact area. BIO-5 A qualified Biologist that conducts monitoring activities shall delineate (by the use of fencing or lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for least Bell's vireo occupation. In order to avoid impacts on the least Bell's vireo, it would be necessary to perform construction activities during the non-nesting season. If construction activities would occur during the nesting season for the least Bell's vireo (i.e., March 15 to September 15) within 500 feet of potential habitat for this species (e.g., southern willow scrub, mule fat scrub, southern cottonwood—willow riparian forest), a pre-construction focused survey shall be conducted no later than three (3) days prior to censtruction to determine whether habitat within the impact boundaries is occupied or unoccupied at the time of construction. If a pre-construction focused survey is not conducted, all riparian habitat (i.e., southern willow scrub, mule fat scrub, disturbed mulefat scrub, and southern cottonwood—willow riparian forest) shall be considered occupied. If least Bell's vireo is present during construction or if presence is assumed, a 500 foot buffer will be installed around the nest and suitable habitat, and noise levels shall remain less than 60 A-weighted decibels (dbA)or the current existing noise level at the outer drip line of riparian habitat throughout the nesting season or until a qualified Biologist has determined that the species no longer occupies the area. Noise minimization measures, such as sound walls developed in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no least Bell's vireos are observed, construction may proceed without any noise restrictions. The ore-constmction focused surveys shall be made available to the USFWS and the CDFW. Additionally. if construction activities occur during the nesting season for least Bell's vireo. OCSD shall seek appropriate take authorization under the Califomia Endangered Species Act (CESAI and Federal Endangered Species Act (FESA) prior to project implementation. Appropriate uthorizafion from the CDFW (Fish and Game Code4& 2080.1 . 2081. subds. fbl.fc)1 and the USFWS (FESA Section 7 or Section 10)may include an incidental take permit or a consistency determination. BIO-6 A qualified Biologist that conducts monitoring activities shall delineate (by the use of fencing or lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for Final I March 2016 3.4 Errata a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) coastal California gnatcatcher occupation. In order to avoid impacts on the coastal California gnatcatcher, it would be necessary to perform construction during the non-nesting season. If construcfion activities would occur during the nesting season for the gnatcatcher(i.e., February 15 to August 31)within 500 feel of potential habitat for this species(e.g., mixed sage scrub), a pre-construction focused survey shall be conducted no later than three (3) days Prior construction to determine whether habitat in the impact boundaries is occupied or unoccupied at the time of construction. If a pre-construction focused survey is not conducted, all coastal sage scrub habitat shall be considered occupied. If coastal California gnatcatcher is present during construction or if presence is assumed, a 500 foot buffer will be installed around the nest and suitable habitat, and noise levels shall remain less than 60 dBA or the current existing noise level at the outer drip line of coastal sage scrub habitat throughout the nesting season or until a qualified Biologist has determined that the species no longer occupies the area. Noise minimization measures, such as sound walls developed in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no coastal Califomia gnatcatchers are observed, construction may proceed without any noise restrictions. The ore-construction focused surveys shall be made available to the USFWS and the CDFW. 4.4-47, Mitigation Measure BIO-7 BIO-7 In order to avoid impacts on nesting birds and raptors (common or special status), project activities shall be scheduled during the non-nesting season (generally between September 16 and February 14 for nesting birds; between July 1 and January 31 for nesting raptors), to the extent feasible, as determined by the Contractor. If project timing requires that construction activities be conducted during the nesting season (generally between February 1 and September 15), a pre-construction survey (or multiple surveys) shall be conducted by a qualified Biologist for nestng birds and/or raptors prior to disturbance to confirm the absence of active nests. The ore-construction survey or multiple surveys shall be made available to the U.S. Fish and Wildlife Service (USFWS) and the Califomia Department of Fish and Wildlife CDFW . If no active nests are found, no further mitigation would be required. If the Biologist finds an active nest within or adjacent to the construction area and determines that the nest may be impacted, the Biologist shall identify an appropriate buffer zone around the nest depending on the sensitivity of the species and the nature of the construction activity. The active site shall be protected with orange construction fencing and construction setbacks (described below) until nesting activity has ended to ensure compliance with the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code. To protect any nest site, the following restrictions to construction activities shall be required untl nests are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest (the buffer shall be 300 feet for most Passerines to 500 feet for raptors and sensitive species), unless otherwise determined by a qualified Biologist and (2) access and surveying shall be restricted within the buffer of any occupied nest and conducted no later than three (3) days Prior to construction, unless otherwise determined by a qualified Biologist. Construction and/or encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. Final I March 2016 3.5 Errata a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) SECTION 5.0, PREPARERS AND CONTRIBUTORS 5-1, Michael Baker International Richard Beck, Project Manaoa Eddie Torres, INCE, CEQA Task P{ejeet-Manager Kristen Bogue, Senior Environmental Analyst Achilles Malisos, AidNoise Technical Manager Alesia Hsiao, Environmental Analyst Karen Varela, Environmental Analyst Final I March 2016 3.6 Errata a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) 4.0 MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program has been prepared for the proposed Santa Ana River Interceptor Rock Stabilizers Removal, (Project No. 241-8). This Mitigation Monitoring and Reporting Program is intended to provide verification that all mitigation measures identified in the Initial Study prepared for the project are monitored and reported. Monitoring will include 1)verification that each mitigation measure has been implemented;2) recordation of the actions taken to implement each mitigation; and 3)retention of records in the project file. This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but also allows the Orange County Sanitation District (OCSD) flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstmfing that monitoring procedures took place and that mitigation measures were implemented. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: • OCSD distributes reporting forms to the appropriate entities for verification of compliance. • Departments/agencies with reporting responsibilities will review the Initial Study/Mitigated Negative Declaration, which provides general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to OCSD as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. • Responsible parties provide OCSD with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. • OCSD prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. Final I March 2016 4.1 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) • Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by OCSD. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution, or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. Final I March 2016 4-2 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) MITIGATION MONITORING AND REPORTING CHECKLIST iggation Monitoring and Monitoring Party Responsible VERIFICATION OF COMPLIANCE Number Mitigation Measure Reporting Milestones for Monitoring is Process Initials Date Remarks AIR QUALITY AQ-1 Prior to issuance of any encroachment permits,the Review of Project Prior to Issuance OCSD Engineering Orange County Sanitation District shall confirm that Plans; of Encroachment Department all project plans and specifications stipulate that, in Construction Permits;Ongoing compliance with SCAQMD Rule 403, excessive Inspections During fugitive dust emissions shall be controlled by Construction regular watering or other dust prevention measures, as specified in the SCAOMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non- toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; Final March 2016 4.3 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and for VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring P Responsible Number Process Milestones for Monitoring Initials Date Remarks • Disturbed areas shall be replaced with ground cover or hvdroseed with native mix paved-immediately after construction is completed in the affected area; • On-site vehicle speed shall be limited to 15 miles per hour;and • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the'ob site. BIOLOGICAL RESOURCES BIO-1 Impacts to native vegetation types and those that Review of Project Project Plan OCSD Engineering may support special status species and foraging Plans; Approval;During Department; habitat for sensitive raptors and other bird species Construction Construction Qualified Biologist; shall be avoided to the extent feasible. With the Inspections Contractor;and approval of a qualified Biologist, the Contractor USFWS shall install fencing, stakes, or flagging around the limits of disturbance (impact area)and around any sensitive habitat (i.e., mixed sage scrub, ripadanlrivedne) prior to initiation of construction activities in order to prevent damage to adjacent vegetation and habitat. To minimize disturbance in areas of sensitive habitat, the Contractor shall ensure that rock removal occurs progressively into the rock structure from a disturbed location, then backs out the same direction. A grappler loader truck for similar equipment that would minimize ftiSl0f¢8gr3]should be used in these locations. If significant impacts to native vegetation and foraging habitat are unavoidable, a qualified Biologist shall delineate on a map and quantify the Final I March 2016 4-4 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and VERIFICATION OF COMPLIANCE Mitigation Monitoring Measure Reporting Monitoring Party Responsible Number Process Milestones for Monitoring Initials Date Remarks amount of vegetation impacted prior the initiation of activities. Within 30 days of completion of the project, the qualified Biologist shall complete a post-project survey of the impact limits and provide a summary to the U.S. Fish and Wildlife Service (USFWS). Should unapproved impacts occur pursuant to the post-proiect survey_A&paft44he should the USFWS determ ned necessary,a Restoration Plan may be required by the USFWS to be-developed to ensure no net loss of habitat values result from the project activities. This may include preservation, restoration, and enhancement on the project site and off site. The mitigation ratio shall be negotiated with the resource agencies. BIO-2 All trees (i.e., southern California black walnut, Review of Project Prior to Issuance OCSD Engineering coast live oak, willows) are to be identified and Plans; of Encroachment Department; protected in place to the extent feasible, consistent Construction Permits;During qualified Arborist with removing the identified rock. A report of the Inspections Construction Contractor,USFWS; identified and protected tees shall be made CDFW;and City of available to the U.S. Fish and Wildlife Service and Yorba Linda the California Department of Fish and Wildlife Community (CDFWI upon request With the approval of a Development Director qualified Arborist, the Contractor shall install fencing, stakes, or flagging around the trees prior to initiation of construction activities. If trees cannot be entirely avoided (such as necessary work within the drpline, branch trimming, or root cutting),then a qualified Arborist shall be on site to monitor these activities. Should any protected tee need to be relocated or removed as part of the proposed project, a permit shall be obtained from the City of Yorba Linda Community Development Final I March 2016 4.5 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and for VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring P Responsible Number Process Milestones for Monitoring Initials Date Remarks Director prior to the removal, cutting down, or destruction of any protected tree, defined as any live plant that has a single trunk measuring at least three inches in diameter, measured at a point two feet above ground level. The Orange County Sanitation District shall comply with conditions of the permit, as well as the Project's Streambed Alteration Agreement(issued by the CDFW),which may include tree replacement. BIO3 A qualified Biologist that conducts monitoring Review of Project Approval of OCSD Engineering activities shall be on site during rock removal Plans; Project Plans; Department;and activities in the areas within the survey area Construction During Qualified Biologist boundaries that were found to contain sensitive Inspections Construction biological resources or habitat suitable to any special status species. The Biologist shall be responsible for ensuring that impacts on special status species, native vegetation, wildlife habitat, and unique resources are avoided to the fullest extent possible, as further described as follows. Where appropriate, the Biologist shall flag the boundaries of areas where activities need to be restricted to protect native plants and wildlife or special status species. These restricted areas shall be monitored to ensure their protection during construction;no activities shall be conducted within the restricted areas unless approved by and supervised by the Biologist. If non-listed sensitive wildlife resources are found within the project impact boundaries, the Biologist shall relocate the individual out of the project impact area. If listed species are found within the impact area, only a Biologist with the appropriate permit to handle that species is allowed to relocate the individual. Final March 2016 4.6 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring Party Responsible Number Process Milestones for Monitoring NNW Initials Date Remarks BIO-4 If determined feasible by 0 SDtge--6entraster, Review of Project Approval of OCSD Engineering work shall be conducted during the dry season Plans; Project Plans; Department; (April 15 through October 15)when there would be Construction During Qualified Biologist; less potential to impact water supporting special Inspections Construction Contractor,USFWS; status fish species. Prior to initiation of activities and CDFW within or adjacent to the Santa Ana River, pre- construction surveys shall be conducted to determine the presence or absence of the Santa Ana sucker within the impact area. and that presence/absence reports be made available to the U.S. Fish and Wildlife Service lUSFWSI and the CDFW. If Santa Ana sucker is detected,work shall stop and the a r.0 and ur,v_ c.... (USFWS) and the CDFW shall be notified. Additionally, sedimentation- and erosion-control measures, such as straw wattles, silt fences and signage, shall be implemented to reduce the amount of impact to waters downstream of the proposed impact area. BIO-5 A qualified Biologist that conducts monitoring Review of Project Approval of OCSD Engineering activities shall delineate (by the use of fencing or Plans; Project Plans; Department; lath and ropeslfiagging) all areas adjacent to the Construction During Qualified Biologist; impact area that contain habitat suitable for least Inspections Construction USFWS;and CDFW Bell's vireo occupation. In order to avoid impacts on the least Bell's vireo, it would be necessary to perform construction activities during the non- nesting season. If construction activities would occur during the nesting season for the least Bell's vireo (i.e., March 15 to September 15)within 500 feet of potential habitat for this species (e.g., southern willow scrub, mule fat scrub, southern cottonwood-willow riparian forest, a pre- Final March 2016 4.7 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and for VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring P Responsible Number Process Milestones for Monitoring Initials Date Remarks construction focused survey shall be conducted no later than three (3) days onor to construction to determine whether habitat within the impact boundaries is occupied or unoccupied at the time of construction. If a pre-construction focused survey is not conducted, all riparian habitat (i.e., southern willow scrub, mule Nat scrub, disturbed mulefat scrub, and southern cotlonwood—willow riparian forest) shall be considered occupied. If least Bell's vireo is present during construction or if presence is assumed, a 500 foot buffer will be installed around the nest and suitable habitat and noise levels shall remain less than 60 A-weighted decibels(dbA)or the current existing noise level at the outer drip line of riparian habitat throughout the nesting season or unfit a qualified Biologist has determined that the species no longer occupies the area. Noise minimization measures, such as sound walls developed in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife(CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no least Bell's vireos are observed, construction may proceed without any noise restrictions. Ilse_ - constructon focused surveys shall be made available to the USFWS and the CDFW. Additionally, If construction activ0ies occur during the nesting season for least Bell's vireo the OCSD shall seek appropriate take authorization under the California Endangered Species Act fCESAI and Federal Endangered Species Act (FESAI prior to roect implementation. A ro riate authorization Final March 2016 48 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring Part Responsible Number Process Milestones for Monitoring Initials Date Remarks from the CDFW (Fish and Game Code86 2080.1 2081, subds. (b1.(c)1 and the USFWS lFES Section 7 or Section 10) may include an incidental BIO-6 A qualified Biologist that conducts monitoring Review of Project Approval of OCSD Engineering activities shall delineate (by the use of fencing or Plans; Project Plans; Department; lath and ropeslfiagging) all areas adjacent to the Construction During Qualified Biologist; impact area that contain habitat suitable for coastal Inspections Construction USFWS;and CDFW California gnatcatcher occupation. In order to avoid impacts on the coastal California gnatcatcher, it would be necessary to perform construction during the non-nesting season. If construction activities would occur during the nesting season for the gnatcatcher (i.e., February 15 to August 31)within 500 feet of potential habitat for this species (e.g., mixed sage scrub), a pre- construction focused survey shall be conductedm later than three (3) Jan odor construction to determine whether habitat in the impact boundaries is occupied or unoccupied at the time of construction. If a pre-construction focused survey is not conducted, all coastal sage scrub habitat shall be considered occupied. If coastal California gnatcatcher is present during construction or if presence is assumed, a 500 foot buffer will be installed around the nest and suitable habitat. and noise levels shall remain less than 60 dBA or the current existing noise level at the outer drip line of coastal sage scrub habitat throughout the nesting season or until a qualified Biologist has determined that the species no longer occupies the area. Noise minimization measures,such as sound walls developed in consultation with the U.S. Fish and Final March 2016 4.9 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and VERIFICATION OF COMPLIANCE N b Mitigation Mitigation Measure Reporting Monitoring P Responsible umer for Milestones for Monitoring g Initials Date Remarks Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW), may be necessary to meet this condition. If a pre-construction survey is conducted and no coastal California gnatcatchers are observed, construction may proceed without any noise restricfions. The oreconstmction focused survevs shall be made available to the USFWS and the CDFW BIO-7 In order to avoid impacts on nesting birds and Review of Project Approval of OCSD Engineering raptors (common or special status), project Plans; Project Plans; Department; activities shall be scheduled during the non- Construction During Contractor;Qualified nesting season (generally between September 16 Inspections Construction Biologist;USFWS; and February 14 for nesting birds; between July 1 and CDFW and January 31 for nesting raptors), to the extent feasible, as determined by the Contractor. If project timing requires that construction activities be conducted during the nesting season (generally between February 1 and September 15), a pre- constructon survey (or multiple surveys) shall be conducted by a qualified Biologist for nesting birds and/or raptors prior to disturbance to confirm the absence of active nests. The ore-construction urvev or multiple surveys shall be made available to the U.S. Fish and Wildlife Service fUSFWSI and the California Deoarment of Fish and Wildlife (CDFWI. If no active nests are found, no further mitigation would be required. If the Biologist finds an active nest within or adjacent to the construction area and determines that the nest may be impacted, the Biologist shall identify an appropriate buffer zone around the nest Final March 2016 4.10 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring Party Responsible Number Process Milestones for Monitoring Initials Date Remarks depending on the sensitivity of the species and the nature of the construction activity. The active site shall be protected with orange construction fencing and construction setbacks (described below) until nesting activity has ended to ensure compliance with the Migratory Bird Treaty Act(META)and the California Fish and Game Code. To protect any nest site, the following restrictions to construction activities shall be required until nests are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest(the buffer shall be 300 feet(or most passerines to 500 feet for rapi sensitive srecies),unless otherwise determined by a qualified Biologist and (2) access and surveying shall be restricted within the buffer of any occupied nest and conducted no later than three (31 days prior to construction, unless otherwise determined by a qualified Biologist. Construction and/or encroachment into the buffer area around a known nest shall only be allowed ff the Biologist determines that the proposed activity would not disturb the nest occupants. NOISE NOW Prior to issuance of any encroachment permits,the During Prior to Issuance OCSD Engineering Orange County Sanitation District shall confirm that Construction of Encroachment Department;and the project complies with the following: Permits;During Contractor Construction Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Final I March 2016 4.11 Mitigation Monitoring and Reporting Program a ' Initial Study/Mitigated Negative Declaration Santa Ana River Interceptor Rock Stabilizers Removal,(Project No.2-41-8) Monitoring and for VERIFICATION OF COMPLIANCE Mitigation Mitigation Measure Reporting Monitoring P Responsible Number Process Milestones for Monitoring Initials Date Remarks • Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,residences,places of worship,etc.), to the extent possible. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction equipment staging areas shall be located as far away from adjacent sensitive receptors as possible. Final March 2016 4-12 Mitigation Monitoring and Reporting Program RESOLUTION NO. OCSD 16-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE SANTA ANA RIVER INTERCEPTOR ROCK REMOVAL, PROJECT NO. 241-8; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING THE SANTA ANA RIVER INTERCEPTOR ROCK REMOVAL, PROJECT NO. 241-8 WHEREAS, the Orange County Sanitation District (the "District") is presently considering the approval of a project known as the Santa Ana River Interceptor Rock Removal, Project No. 241-8 (the "Project"); WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 at seq. ("CEQA")) and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 at seq.), the District, as lead agency, prepared an Initial Study/Mitigated Negative Declaration ("Mitigated Negative Declaration') for the Project that analyzes the potential impacts of the Project and identifies applicable mitigation measures; and WHEREAS, the District has consulted with other public agencies and the general public, and provided such agencies and the public with the opportunity to provide written and oral comments on the Project and the Mitigated Negative Declaration as required by CEQA, including a public review period of 30 days which commenced on January 20, 2016 and ended on February 19, 2016. WHEREAS, on February 2, 2016 OCSD staff held a public meeting to provide a further opportunity for public agencies and the general public to comment on the Mitigated Negative Declaration; WHEREAS, the District has reviewed the comments received and has responded to the significant environmental issues raised during the review and consultation process; WHEREAS, the comments received on the Mitigated Negative Declaration, either in full or in summary, together with the District's responses, have been included in the Mitigated Negative Declaration for the proposed Project; and 1143523.1 OCSD 16-07-1 WHEREAS, the Mitigated Negative Declaration, including the comments received by the District on the Mitigated Negative Declaration, has been presented to the District's Board of Directors (the "Board")for review and consideration prior to the approval of, and commitment to, the Project. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE AND ORDER: 1. The Board has independently reviewed and considered the Mitigated Negative Declaration together with all comments received during the public review process; 2. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Board; 3. The Board finds on the basis of the whole record before it that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment; 4. The Board adopts the Mitigation Monitoring and Reporting Program (the "MMRP"), attached as Attachment A to ensure that all mitigation measures identified in the Mitigated Negative Declaration are implemented; 5. The Mitigated Negative Declaration has been completed in compliance with the requirements of CEQA and is hereby adopted; 6. The Board approves the Santa Ana River Interceptor Rock Removal, Project No. 2-41-8. 7. The documents and other materials that constitute the record of proceedings on which the Board's decision is based are located at the District Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and the custodian for these documents is the Clerk of the Board. 8. District staff is authorized and directed to file the Notice of Determination (NOD) and any other documents in accordance with the requirements of CEQA. 1143523.1 OCSD 16-07-2 PASSED AND ADOPTED at a regular meeting of the Board of Directors held April 27, 2016. John Nielsen Board Chair ATTEST: Kelly A. Lore Clerk of the Board 1143523.1 OCSD 16-07-3 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 16-07 was passed and adopted at a regular meeting of said Board on the 271h day of April 2016, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 271h day of April 2016. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District 1143523.1 OCSD 16-07-4 ITEM NO. 14 MINUTES OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, April 13, 2016, at 5:00 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was called to order by Committee Chair Curry on April 13, 2016, at 5:01 p.m., in the Administration Building of the Orange County Sanitation District. Director Kim led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Keith Curry, Chair Jim Herberg, General Manager Lucille Kring, Vice-Chair Bob Ghirelli, Assistant General Manager Steven Choi Celia Chandler, Director of Human Resources Jim Ferryman Rob Thompson, Director of Engineering Jim Katapodis Lorenzo Tyner, Director of Finance & Peter Kim Administrative Services Greg Mills Ed Torres, Director of Operations & Maintenance Joy Neugebauer Mike White, Controller Teresa Smith Kelly Lore, Clerk of the Board John Nielsen, Board Chair Jennifer Cabral Greg Sebourn, Board Vice-Chair Rich Castillon Rhea De Guzman COMMITTEE MEMBERS ABSENT: Norbert Gaia Glenn Parker Alfredo Garcia Sal Tinajero Brad Hamilton Mark Manzo John Swindler OTHERS PRESENT: Brad Hogin, General Counsel Dennis Mulqueeney, Alliant Insurance Services Robert Lowe, Alliant Insurance Services PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Curry did not provide a report. W13/2016 Administration Committee Minutes Page 1 of 5 REPORT OF GENERAL MANAGER: General Manager Jim Herberg reported that earlier today, the OC LAFCO Commission met and made the determination that the Area 7 Local Sewers will be transferred to East Orange County Water District. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Director of Finance and Administrative Services Lorenzo Tyner did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED AND DULY CARRIED TO: Approve Minutes of the March 9, 2016 Administration Committee Meeting. AYES: Choi, Curry, Katapodis, Kim, Kring, Mills, Neugebauer, Nielsen, and Seboum NOES: None ABSTENTIONS: None ABSENT: Ferryman, Parker, T. Smith, and Tinajero 2. PIPELINE CONDITION ASSESSMENT AND CLOSED CIRCUIT TELEVISION (CCTV) DATA SOFTWARE AND RELATED SERVICES (Lorenzo Tyner) MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a purchase order contract to Innovyze, Inc. for pipeline condition assessment and CCTV data software and related services per Specification No. S-2015-73513D, for an amount not to exceed $152,800; B. Authorize the purchase of an annual maintenance contract with four (4) annual renewals at$18,000 per year for a total of$72,000; and C. Approve a contingency of $17,080 per renewal period for software and related services for annual maintenance. AYES: Choi, Curry, Katapodis, Kim, Kring, Mills, Neugebauer, Nielsen, and Seboum NOES: None ABSTENTIONS: None ABSENT: Ferryman, Parker, T. Smith, and Tinajero 0413/2016 Administration Committee Minutes Page 2 of 5 3. COOPERATIVE PROCUREMENT WITH U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (Lorenzo Tyner) MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of Directors to: Authorize purchases of information technology products, services, and solutions using the County of Fairfax, Virginia contract number #4400006644 with Insight Public Sector available through U.S. Communities Government Purchasing Alliance, for the period May 1, 2016 though, April 30, 2019, for a total amount not to exceed $800,000, in accordance with Ordinance OCSD-47, Section 2.03(B) Cooperative Purchases. 4. CLASSIFICATION & COMPENSATION STUDIES - VENDOR CHANGE (Celia Chandler) MOVED, SECONDED AND DULY CARRIED TO: A. Award a Professional Consultant Services Agreement with Koff and Associates for the compensation phase of the classification and compensation study, Specification CS-2014-63013D, for a total amount not to exceed $65,040, with a new total amount of phase one and two not to exceed of$126,929; and B. Approve a contingency of$6,504 (10%). AYES: Choi, Curry, Katapodis, Kim, Kring, Mills, Neugebauer, Nielsen, and Seboum NOES: None ABSTENTIONS: None ABSENT: Ferryman, Parker, T. Smith, and Tinajero NON-CONSENT: 5. DISASTER RECOVERY DATA CENTER FACILITY (Lorenzo Tyner) MOVED, SECONDED AND DULY CARRIED TO: A. Authorize a sole source agreement with Switch (SUPERNAP)for a disaster recovery data center facility beginning May 13, 2016 through May 12, 2019, for the total amount of$140,000; and B. Approve a contingency of$14,000 (10%). AYES: Choi, Curry, Katapodis, Kim, Kring, Mills, Neugebauer, Nielsen, and Seboum NOES: None ABSTENTIONS: None ABSENT: Ferryman, Parker, T. Smith, and Tinajero 0413/2016 Atlminisaation Committee Minutes Page 3 of 5 Director Ferryman arrived at 5:04 p.m. Director T Smith arrived at 5:05 p.m. INFORMATION ITEMS: 6. STATUS OF 2016-17 PROPERTY-LIABILITY INSURANCE RENEWALS (Celia Chandler) Director of Human Resources Celia Chandler introduced Dennis Mulqueeney, Sr. Vice President Alliant who provided a short presentation highlighting the major components of the plans and costs. 7. FY 2016-17 AND FY 2017-18 BUDGET UPDATE (Lorenzo Tyner) Director of Finance and Administrative Services Lorenzo Tyner introduced Controller, Mike White, who provided an informative PowerPoint presentation on the proposed operational line item budget which included: proposed staffing increases; benefit cost decreases; materials and supplies expenses; contractual services; legal expenses; insurance programs; training; and additional OCERS UAAL pay down. Mr. White responded to a question regarding the calculation of overall increase of 3.5% net operating cost. 8. PRETREATMENT PROGRAM OVERVIEW (Bob Ghirelli) MOVED, SECONDED AND DULY CARRIED TO: Continue the item to the May 11, 2016 Administration Committee Meeting. AYES: Choi, Curry, Ferryman, Katapodis, Kim, Kring, Mills, Neugebauer, Nielsen, Sebourn and T. Smith NOES: None ABSTENTIONS: None ABSENT: Parker, and Tinajero CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: None. 0413/2016 Administration Committee Minutes Page 4 of 5 ADJOURNMENT: Committee Chair Curry declared the meeting adjourned at 5:20 p.m. to the next regularly scheduled meeting of Wednesday, May 11, 2016 at 5:00 p.m. Submitted by: Kelly A. Lore Clerk of the Board 0413/2016 Administration Committee Minutes Page 5 of 5 ADMINISTRATION COMMITTEE Meng D310 TOBE. Dir. 04/lti13/16 04/27/1Or6 AGENDA REPORT Item Item Number 2 16 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PIPELINE CONDITION ASSESSMENT AND CLOSED CIRCUIT TELEVISION (CCTV) DATA SOFTWARE AND RELATED SERVICES GENERAL MANAGER'S RECOMMENDATION A. Approve a purchase order contract to Innovyze, Inc. for pipeline condition assessment and CCTV data software and related services per Specification No. S-2015-7356D, for an amount not to exceed $152,800; B. Authorize the purchase of an annual maintenance contract with four (4) annual renewals at $18,000 per year for a total of $72,000; and C. Approve a contingency of $17,080 per renewal period for software and related services for annual maintenance. SUMMARY BACKGROUND The existing pipeline assessment data management program was developed in- house and has reached the end of its useful Iifespan. Orange County Sanitation District (OCSD) requires a replacement solution to effectively load, store, organize, analyze, and edit digital sewer condition assessment data. The primary purposes of the condition assessment program are to identify issues needing immediate repair or maintenance, and to provide condition assessments in support of long-term capital planning. RELEVANT STANDARDS • Data-driven asset intervention — Type, life data, inspections, costs, industry standards • Investment proposals and decisions based on clearly defined standards PROBLEM The existing pipeline assessment data management system has reached the end of its useful Iifespan preventing OCSD staff to load any new condition assessment information into the existing system. The existing system cannot handle newer assessment technologies. Page 1 of 2 PROPOSED SOLUTION Procure software and professional services to include: • Implementation services including all personnel, equipment, and resources necessary to supply, install and configure a Pipeline Assessment Data Management Software System • Integration with OCSD's Geographic Information System (GIS) • Provide comprehensive training and support for the new software system. TIMING CONCERNS The existing system became obsolete in March 2015 because of its limited storage. Deployment of a new solution is imperative to support maintenance initiatives and long-term capital planning. RAMIFICATIONS OF NOT TAKING ACTION Increased risk to OCSD. Knowing and managing the structural conditions of assets will allow OCSD to avoid emergencies, prioritize repair and replacement projects, and plan for the future. Without a proper solution to manage condition assessment information decreases the ability to make sound judgements regarding asset management. PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. ATTACHMENT The following attachment(a) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the complete agenda package: • License Agreement • Maintenance Agreement • License and Maintenance Agreement Addendum Page 2 of 2 Inno v- SOFTWARE LICENSE AGREEMENT SOFTWARE MAINTENANCE &SUPPORT AGREEMENT ADDENDUM The following Addendum to the Software License Agreement and Software Maintenance & Support Agreement (hereinafter referred to collectively as the "Addendum") is by and between Orange County Sanitation District(hereinafter"Licensee")and Innovyze, Inc.and shall apply to the Software licensed under the Innovyze Software License Agreement and maintained under the Software Maintenance & Support Agreement attached hereto. The Parties agree that Terms&Conditions of the following Agreements are amended as follows: 1. Software Maintenance and Support Agreement, Paragraph 1, is amended in its entirety to read as follows: "Effective Date" shall mean date of the Notice to Proceed issued by Orange County pursuant to the Award of Agreement by Orange County Sanitation District Board of Directors. 2. Software Maintenance and Support Agreement, Paragraph 6, is amended in its entirety to read as follows: Section 6. Subscription Fees. On the anniversary of the Effective Date, Licensee agrees to pay Innovyze the Annual Maintenance Fees set forth in the Quotation and each year thereafter on the anniversary date of Effective Date. Payment shall be made within 30 days of receipt of invoice. Innovyze reserves the right to change the Annual Maintenance Fee, provided that:(i)any such change in the fee shall not take effect until fifth anniversary of the Effective Date, and (ii)there will be no more than one change in the Annual Maintenance Fee in any 12-month period. 3. Software Maintenance and Support Agreement, Paragraph 12, and Software License Agreement, Paragraph 17,are amended in their entirety to read as follows: If Licensee fails to comply with any of the terms and conditions of this Agreement, Innovyze may terminate the license granted hereunder upon thirty (30) days written notice, provided that Licensee shall be afforded ten (10)days to cure the non-compliance. In the event of termination, Licensee must immediately uninstall the Software and return any accompanying materials and hardware and provide written confirmation that Licensee has complied with the terms of this provision. 4. Software License Agreement, Paragraph 16, and Software Maintenance and Support Agreement Paragraph 11, are amended in their entirety to read as follows: Controlling Law. The validity, construction, and performance of this Agreement shall be governed in accordance with the laws of the State of California, USA. The parties agree that any proceeding arising out this Agreement shall be instituted in Orange County, State of California, USA, and each party irrevocably submits to the jurisdiction of such proceeding and waives any and all objections to jurisdiction and venue that it may have under any other law. Licensee acknowledges and agrees that this Addendum is subject to the terns and conditions set forth in the referenced Software License Agreement and Maintenance & Support Agreement between the parties. Except as set forth in the addendum, all other terms and conditions of the Software License Agreement and Maintenance&Support Agreement shall apply including the limitation of liability and consequential damage waivers. Signature page follows inn®vyz2° APPROVAL AND EFFECTIVE DATE This Addendum shall not be binding until signed by all Parties. The Parties signing this Addendum represent and acknowledge that they have the authority to bind their respective parties. Licensee Innovyze, Inc. Signature Signature Erick Heath Pnnted Name Pnnted Name Vice President Title Title Date Date SOFTWARE MAINTENANCE &SUPPORT AGREEMENT The following Maintenance and Support Agreement (hereinafter "Agreement') is by and between Orange County Sanitation District (hereinafter "Licensee') and Innovyze, Inc... (as provide in the Innovyze Standard License Agreement and hereinafter collectively "Innovyze") and shall apply to the provision of software maintenance and support services for the Software licensed under the Innovyze Standard License Agreement. If not otherwise defined herein, defined terms shall have the meaning as set forth in the Innovyze Standard License Agreement, which is specifically referenced and incorporated herein. In the event of any conflict in terms,the terms of the Standard License Agreement shall govern. 1. Definitions. "Effective Date" shall mean date set forth in the Quotation approved by Licensee. 7. Late Payment. If you fail to pay the Annual Maintenance Fee within thirty (30) days of the due 2. Term. This Agreement shall commence on the date, this Agreement will automatically terminate Effective Date and shall automatically renew on the without written notice. Failure to make payment will anniversary date of the Effective Date fora twelve(12) result in Licensee receiving no maintenance and month period or such other period as may defined in support services as described herein,including but not the Quotation ("Term"), unless cancelled as set forth limited to, the reactivation of the Software in below. connection with its transfer to another computer or server. If Licensee wishes to renew this Agreement 3. Software Updates and Maintenance. Innovyze will after it has been terminated for non-payment,Licensee support, maintain, update, and upgrade shall pay all Annual Maintenance Fees in arrears plus ("Maintenance') the Software during the Term. a charge of 25%on the total amount. Maintenance will only apply to unmodified Software and the most recently released and updated version of 8. Training. No software training is provided the Software. During the Term, Innovyze will use hereunder. commercially reasonable efforts to correct any functions in the Software which fail to perform as 9. Data. Any data or information provided by specified in the supporting documentation. Updates or Licensee to assist Innovyze in the provision of upgrades issued by Innovyze for the Software also maintenance services hereunder shall remain your may include enhancements or new features. sole and exclusive property. Innovyze shall have no liability for the accuracy or correctness of such data or 4. Software Support. Licensee may contact the information. Innovyze support team. The contact information can be found at http://www.Innoyyze.com/contactus/. 10. Limitation of Liability.The parties agree,to the Innovyze support staff will be available during normal fullest extent permitted by law, to limit the business hours to assist Licensee regarding the aggregate liability of Innovyze, its parents, operation of the Software within a reasonable time. subsidiaries and affiliates, and their respective directors, officers, employees and agents, to the 5. Cancellation. Either party may elect not to Annual Maintenance Fee as set forth in the automatically renew this Agreement by providing the Quotation. This limitation of liability shall apply to other party a written notification of cancellation at least all suits, claims, actions, losses, costs and sixty (60) days prior to the end of the then current damages of any nature arising from or related to Term. this agreement and without regard to the legal theory under which such liability is imposed. 6. Subscription Fees. On the anniversary of the Effective Date, Licensee agree to pay Innovyze the Under no circumstances shall Innovyze be liable Annual Maintenance Fees set forth in the Quotation for any, incidental, special, or consequential and each year thereafter on the anniversary date of damages of any kind (including, but not limited to, Effective Date. Payment shall be made within 30 days damages for loss of revenue or profit, business receipt of invoice. Innovyze reserves the right to interruption, or loss of business information) change the Annual Maintenance Fee, provided that:(1) arising out the provision of services under this any such change in the fee shall not take effect until agreement or the use, or inability to use, the the commencement of the next 12-month Term, and Software,even if Innovyze has been advised of the (it)there will be no more than one change in the Annual possibility of such damages. Maintenance Fee in any 12-month period. 11. Controlling Law. The validity, construction, and performance of this Agreement shall be governed Attachments: in accordance with the laws of the State of Colorado, USA. The parties agree that any proceeding arising Attachment"A"—Quote out this Agreement shall be instituted in the State of Attachment"B"—Innovyze Proposal and Scope of Work Colorado, Denver County, USA, and each party irrevocably submits to the jurisdiction of such proceeding and waives any and all objections to jurisdiction and venue that it may have under any other law. 12. Termination. If Licensee fails to comply with any of the terms and conditions of this Agreement, Innovyze may terminate the license granted hereunder without notice. In the event of termination, you must immediately uninstall the Software and return any accompanying materials and hardware and provide written confirmation that Licensee has complied with the terms of this provision. 13. Complete Agreement. This Agreement constitutes the entire agreement between the parties concerning the use of the Software and supersedes all prior or contemporaneous understandings or agreements, whether written or oral. This agreement may not be amended except by a writing signed by an authorized representative of Innovyze. 14. Binding Effect and Assignment. The terms of this Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. Innovyze may assign this Agreement,or any right or obligation hereunder, without the prior written consent of Licensee. 15. Parties in Interest. Nothing in this Agreement, express or implied, is intended to confer on any third party or person any right or remedy under or by reason of this Agreement. 16. Severability. The invalidity or unenforceability of any term of this Agreement shall not affect the other terms, and this Agreement shall be construed in all respects as if any invalid or unenforceable term were omitted. 17. Notice.All notices under this Agreement must be delivered hn writing by courier,certified or registered mail, to the other party and will be effective upon receipt or three (3) business days after being deposited in the mail,whichever occurs sooner. 18. Waiver.Any waiver, either express or implied, by either party of any term of this Agreement shall not constitute or be construed as a waiver of any subsequent breach or other default. IMPORTANT—READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT BEFORE USING THE ENCLOSED SOFTWARE. This is a legal agreement between Orange County Sanitation District, hereinafter "Licensee" and, Innovyze, Inc., a California corporation, (hereinafter collectively referred to as"Innovyze"). By installing the software, Licensee agrees and accepts to be bound by the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, promptly return the software and accompanying written materials and hardware to receive a refund. 1. Definitions. a. "Quotation'shall mean the quotation provided by Innovyze and approved by Licensee,which sets forth the software purchased, licensing and maintenance fees, any other fees or costs, and applicable duties or taxes. b. "Software" shall mean the software indicated on the Quotation, including any accompanying materials and hardware, in executable, machine readable,format. c. "Open-Source Components"shall mean any open-source, freeware, shareware or other software having similar licensing or distribution models by which it is subject to license agreement or other enforceable requirements or restrictions, including under any GNU General Public License or GNU Library or Lesser Public License,or other license agreement that conforms to a standard definition set by the Open Source Initiative. 2. Contracting Entity. Please refer to hfto://www.innowze.com/licensing/to determine which legal entity, either Innovyze, Inc. or Innovyze, Ltd., is party to this Agreement with Licensee for the Software described in the Quotation. 3. Grant of License. Innovyze hereby grants Licensee a perpetual, nonexclusive,nontransferable right to use the Software in accordance with the terms and restrictions of this Agreement, provided however, that any rental or short term Software licenses will expire at the end of the time period specified in the relevant Quotation. Unless otherwise agreed, Licensee is solely responsible for the installation of the Software. Innovyze or its duly appointed agents shall have the right at any time to inspect the Licensee's premises or computer network to verify the use of the Software is in accordance with the terms of this Agreement, including the number of licenses and configuration of the Software. Under no circumstances shall Licensee have the right to sublicense use of the Software to any third party. Innovyze provides the Software in two configurations: a. Fixed Seat. A fixed seat license configuration permits the installation and use of the Software on a single computer at any one time. The Software may be uninstalled and reinstalled on a different computer(not to exceed more than four (4)times per month)at the same location so long as the number of fixed seat licenses does not exceed the number purchased. b. Floating Seat A floating seat license configuration is installed on a centrally accessible computer or server(LAN or WAN)and consists of the numbers and combinations(sizes and types)of floating seat licenses purchased. The number of authorized concurrent floating seat licenses indicated on the approved Quotation may not be exceeded at any office location. Software granted as WAN or LAN licenses are limited to the office location or country to which they are issued, respectively.As permitted, licenses of the Software may be checked out to a specific computer for the purpose of operating remotely or for other purposes, and that checked out license will not be available to any other computer until returned.A floating seat license,once issued, may not be divided into multiple floating seat licenses. Licensee must take reasonable steps to ensure that the number of users of the Software at any one time does not exceed the number of licenses for the Software that you have obtained from Innovyze. 4. Open-Source Licenses. The Software may include Open-Source Components licensed under separate open-source licenses, hyperlinked copies of which can be found in the"About"section of the Software ("Open-Source Licenses"). Any use of the Open-Source Components by the Licensee shall be governed by,and subject to,the terms and conditions of the Open-Source Licenses.On written request to Innovyze, Innovyze shall provide the Licensee with a complete,machine-readable copy of the source code for such Open-Source Components in accordance with the terms of the Open-Source License(s). 5. Restrictions. Licensee agrees not to: (a) decompile, reverse engineer, or disassemble the Software, (b) create any derivative work based in whole or in part on the Software, (c) copy, change, modify, merge, or adapt the Software in any way, (d) sublicense, rent, lease, loan, export, or re-export the Software or otherwise transfer the Software to another person or entity, or (a) remove, obscure, or modify any trademark or copyright notice of Innovyze. Notwithstanding the foregoing, Licensee may make one copy of the Software solely for backup or archival purposes. 6. Updates. From time to time,at its option, Innovyze may change,modify,enhance,or otherwise develop new or updated versions of the Software. Licensee has no right under this Agreement to receive or use such updated versions of the Software, but may obtain such updated versions under the terms and conditions of a separately executed Maintenance and Support Agreement. 7. Payment. Licensee agrees to pay the fees indicated in the approved Quotation within thirty (30)days receipt of an invoice from Innovyze or its authorized representative, subsidiary, or affiliate. Failure to make payment shall be deemed a material breach of this agreement. For Software requiring the use of Dongle, failure to make payment will result in Licensee not receiving the necessary activation code for continued use of the Software after installation. 8. Intellectual Property. Licensee agrees that Innovyze is the sole and exclusive owner of all proprietary rights in and to the Software and any corrections, enhancements, updates, or modifications thereto, including any patent, copyright, trade secret, trademark, or other proprietary rights. The Software is protected under applicable law, including the laws of the United States, the United Kingdom, and applicable international treaties. No right,title or interest in or to the Software is transferred to Licensee under the terms of this Agreement. To the extent that a court of competent jurisdiction determines that Licensee is deemed to have any rights in or to the Software of any enhancements, upgrades, etc.,the Licensee assigns those rights to Innovyze. If the Software residing on the Licensee owned or leased server(s) will be accessed through a web application or any other remote access tool or device, Licensee shall provide such reasonable security,to include passwords,frewalls,and network/hardware security, as may necessary to prevent unauthorized access or damage to the Software and to protect Innovyze's Intellectual Property rights under this Agreement. 9. Reliability of Data. Model configurations, projections and the analysis generated by Software is provided "as is", without any warranty as to accuracy or validity, is intended for planning and decision support purposes only, and is subject to uncertainties that cannot be fully identified or qualified. Forecasts and actual results may materially vary due to events and circumstances that are not reasonably foreseeable, inaccurate or incomplete data provided and used to formulate the projections, or operation and system conditions that are beyond the scope or capability of Software. Innovyze is not responsible for the realization of forecasted conclusions or projections, or identification of matters that might affect actual system operation or conditions as a result of Licensee's use of Software. 10. Limited Warranty. Innovyze warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date the Software is received. Innovyze's sole liability and Licensee's exclusive remedy under this limited warranty will be, at Innovyze's option, either (a)the return of the purchase price paid for the Software or (b) repair or replacement of the Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty(30)days,whichever is longer. 2 11. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNOVYZE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. INNOVYZE DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, INNOVYZE MAKES NO WARRANTY, REPRESENTATION OR GUARANTEEE REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVYZE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY. 12. LIMITATION OF LIABILITY. THE PARTIES THEREFORE AGREE THAT IN NO EVENT SHALL INNOVYZE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE OR PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF INNOVYZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF LEGAL THEORY,WHETHER IN TORT, CONTRACT, OR OTHERWISE. 13. INNOVYZE'S TOTAL AGGREATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE. IN NO EVENT SHALL INNOVYZE BE LIABLE FOR THE PERFORMANCE OR NON-PEFORMANCE OF ANY THIRD PARTY PRODUCTS, INCLUDING SOFTWARE AND HARDWARE. 14. Export Restrictions. Licensee agrees not to export, re-export, or provide the Software in violation of this Agreement or any applicable law, including but not limited to, any regulations or restrictions of the United States Export Administration, United States Treasury Department, United States Commerce Department, or the United Kingdom Department of Trade and Industry. Any use, duplication, or disclosure of the Software by the United States Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights of Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) (2)of the Commercial Computer Software—Restricted Rights clause at 48 CFR 52.227-19,as applicable. 15. Third Party Software. Licensee acknowledges that Software may require the use of third party software covered by a separate license agreement, and Innovyze has no responsibility or liability for the functionality of such third party software. 16. Controlling Law. The validity, construction, and performance of this Agreement shall be governed in accordance with the laws of the State of Colorado, USA. The parties agree that any proceeding arising out this Agreement shall be instituted in the Stale of Colorado, Denver County, USA, and each party irrevocably submits to the jurisdiction of such proceeding and waives any and all objections to jurisdiction and venue that it may have under any other law. 17. Termination. If Licensee fails to comply with any of the terms and conditions of this Agreement, Innovyze may terminate the license granted hereunder without notice. In the event of termination,you must immediately uninstall the Software and return any accompanying materials and hardware and provide written confirmation that Licensee has complied with the terms of this provision. 18. Complete Agreement. This Agreement constitutes the entire agreement between the parties concerning the use of the Software and supersedes all prior or contemporaneous understandings or agreements, whether written or oral. This agreement may not be amended except by a writing signed by an authorized representative of Innovyze. 3 19. Binding Effect and Assignment. The terms of this Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. Innovyze may assign this Agreement,or any right or obligation hereunder, without the prior written consent of Licensee. 20. Parties in Interest. Nothing in this Agreement, express or implied, is intended to confer on any third party or person any right or remedy under or by reason of this Agreement. 21. Severability. The invalidity or unenforceability of any term of this Agreement shall not affect the other terms, and this Agreement shall be construed in all respects as if any invalid or unenforceable term were omitted. 22. Notice. All notices under this Agreement must be delivered in writing by courier,certified or registered mail,to the other party and will be effective upon receipt or three(3)business days after being deposited in the mail,whichever occurs sooner. 23. Waiver. Any waiver, either express or implied, by either party of any term of this Agreement shall not constitute or be construed as a waiver of any subsequent breach or other default. Attachments: Attachment"A" Quote Attachment"B" Innovyze Proposal and Scope of Work 4 ADMINISTRATION COMMITTEE Meng D310 TOBE. Dir. 04/lti13/16 04/27/1Or6 AGENDA REPORT Item Item Number 3 16 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: COOPERATIVE PROCUREMENT WITH U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE GENERAL MANAGER'S RECOMMENDATION Authorize purchases of information technology products, services, and solutions using the County of Fairfax, Virginia contract number#4400006644 with Insight Public Sector available through U.S. Communities Government Purchasing Alliance, for the period May 1, 2016 through April 30, 2019, for a total amount not to exceed $800,000, in accordance with Ordinance OCSD47, Section 2.03(B) Cooperative Purchases. SUMMARY County of Fairfax, Virginia has awarded the contract for purchasing technology products, services, solutions, and related products and services to Insight Public Sector under contract #4400006644 per RFP2000001701 beginning May 1, 2016 through April 30, 2019. This contract has been established by County of Fairfax, Virginia's Department of Purchasing and Supply Management as the lead agency, with Insight Public Sector as the primary provider of technology products needed to complete an entire technology solution based on contract pricing, breadth of product offerings, availability and the ease of using online ordering systems. Large capital items will be procured through the bidding process. BACKGROUND In order to properly maintain and provide solutions to Orange County Sanitation District's (Sanitation District) facilities, the Information Technology Division (IT) has needs to purchase technology products, services, solutions, and related products and services. Such item requirements have been forecasted based upon projected obsolete equipment, historical productfailure rates, and new items to address general capacity, redundancy, or security. Since technology changes so frequently, it is not appropriate to stock these items in the Sanitation District's warehouses. RELEVANT STANDARDS Ensure that the public's money is wisely spent Page 1 of 3 PROBLEM The procurement process on information technology items and services for a local agency like the Sanitation District involves a lot of effort and associated costs. IT needs to work diligently in finding ways to streamline the procurement process while minimizing cost concomitant of the procurement of technology items. PROPOSED SOLUTION The Sanitation District's purchasing power is limited therefore utilizing other large agencies' cooperative agreement/s who have completed a vetted procurement process is a viable and economical solution. TIMING CONCERNS Existing purchase order to procure technology items using U.S. Communities Government Purchasing Alliance expires on April 30, 2016. Deployment of new systems and solutions is imperative to support plant operations and maintenance initiatives without delay. RAMIFICATIONS OF NOT TAKING ACTION Increased cost related to the procurement of technology items; increased risk of being unable to or delay support plant operations and maintenance. PRIOR COMMITTEE/BOARD ACTION/S: November 2014: Board Award Minute Order 11/19/2014, Item 9. ADDITIONAL INFORMATION U.S. Communities Government Purchasing Alliance is the leading national government purchasing cooperative, providing government procurement resources and solutions to local and state government agencies, school districts (K-12), higher education institutes, and nonprofits looking for the best overall supplier government pricing. The program is available to all State of California governmental entities (State agencies, cities, counties, special districts, school districts, universities, etc.) that expend public funds for the acquisition of both goods and services. U.S. Communities Government Purchasing Alliance is a government purchasing cooperative that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide. U.S. Communities has over 55,000 participating agencies, from both the public and nonprofit sectors. The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States. The Advisory Board provides leadership and overall direction for the U.S. Communities Government Purchasing Alliance. The State of California Procurement Division (PD) is the central purchasing authority for all State departments and local government agencies. Page 2 of 3 With a massive marketplace and billions of dollars in purchasing power they are able to offer a lower procurement cost to California's State, county, city, special district, education and other government entities through their Leveraged Procurement Agreements (LPAs). LPAs allow entities/agencies to buy directly from suppliers through existing contracts and agreements. One of the LPA's that the state offers to California governmental agencies is the U.S. Communities Government Purchasing Alliance for technology products, equipment and technology services, and solutions. The Sanitation District staff has verified that pricing has been checked for competitiveness based upon volume pricing through this cooperative. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance OCSD-47, Section 2.03(B) Cooperative Purchases. This item has been budgeted in the established annual Joint Operating budget. ATTACHMENT The following attachments) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: N/A Page 3 of 3 ITEM NO. 17 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, April 11, 2016 at 3:30 p.m. A regular meeting of the Legislative and Public Affairs Committee was called to order by Chair Nielsen on Monday, April 11, 2016 at 3:30 p.m., in the Administration Building of the Orange County Sanitation District. Chair Nielsen led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: John Nielsen, Board Chair Jim Herberg, General Manager Greg Sebourn, Board Vice-Chair Bob Ghirelli, Assistant General Manager Tom Beamish, Director Celia Chandler, Director of Human Robert Kiley, Director Resources Peter Kim, Director Rob Thompson, Director of Engineering Lucille Kring, Director Ed Torres, Director of Operations & John Withers, Director Maintenance Lorenzo Tyner, Director of Finance & COMMITTEE MEMBERS ABSENT: Administrative Services None. Kelly Lore, Clerk of the Board Jennifer Cabral Norbert Gala Alfredo Garcia Tina Knapp Rebecca Long Mark Manzo Kelly Newell Xuan Nguyen OTHERS PRESENT: Kendra Carney, Associate General Counsel Eric O'Donnell, Townsend Public Affairs Eric Sapirstein, ENS (via Teleconference) Cori Williams, Townsend Public Affairs (via Teleconference) PUBLIC COMMENTS: None. 04/11/2016 Legislative and Public Affairs Committee Minutes Page 1 of REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. General Manager Jim Herberg informed the Committee of the tentative agenda for upcoming Lobby days (April 20—22) in Washington, DC, where he, Chair Nielsen and Vice-Chair Sebourn will be attending scheduled meetings with the Environmental Protection Agency staff and several elected officials. He also reported on his attendance at a General Managers Forum hosted by NWRI and the Utility Branding Network where discussions included: transparency; branding; investment in infrastructure and efficiency. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED and DULY CARRIED TO: Approve minutes for the regular Legislative and Public Affairs Committee meeting held on March 15, 2016. AYES: Beamish, Kiley, Kim, Kring, Nielsen, Sebourn and Withers NOES: None ABSTENTIONS: None ABSENT: None NON-CONSENT CALENDAR: None. INFORMATION ITEMS: 2. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Principal Public Affairs Specialist, Jennifer Cabral provided a PowerPoint presentation regarding Community Outreach & Public Affairs, including information regarding tours and speaking engagements. Senior Public Affairs Specialist, Rebecca Long provided further information of the Children's Water Festival held on March 271h and explained the "What 2 Flush Recycling Game' which she developed for that event. Ms. Cabral referenced a co-authored letter to the editor of the Los Angeles Times in response to the recent Superbugs article, and stated that an anticipated follow- up segment has not been done. 04/11/2016 Legislative and Public Affairs Committee Minutes Page 2 of 4 Ms. Cabral notified the Committee of two upcoming construction projects (7-37 and 2-72) and the proposed outreach efforts that will take place. Discussion ensued regarding communication and construction notification strategies and the affects our projects place on cities. Director of Engineering, Rob Thompson and Ms. Cabral responded to questions regarding the challenges of project planning; timelines and public notification. Ms. Cabral provided information on recent and upcoming tours; city council presentations; and the success of external communications including: "Five minutes per month" and "Wastewater word of the week". She also announced her recent appointment to the CASA communication workgroup. 3. LEGISLATIVE UPDATE (Rebecca Long) Eric Sapirstein, ENS Resources, stated that visits to U.S. Representatives Ed Royce and Mimi Walters, and U.S. Congresswoman Loretta Sanchez are scheduled for the upcoming Washington, DC trip, while visits to the Bureau of Reclamation and the Environmental Protection Agency are still in the process of scheduling. The focus of these visits will be priority CIP packages, biosolids, and alternative energy projects such as AquaCritox®. Mr. Sapirstein provided recent developments in regards to: the Water Resources Development Act; drought relief policy; 5.2533 (Feinstein) and the budget completion. Senior Public Affairs Specialist, Rebecca Long provided an update on the following bills: SB 1213 Wieckowski (support); SB 885 Wolk (oppose); AB 2022 Gordon (support); and SB163 Herzberg (support). Ms. Long also provided an overview of the recent Sacramento lobby day which included visits to: SWRCB; Environmental Safety and Toxic Materials Committee; and the offices of Senator Hertzberg and Assemblymember Rich Gordon. Cori Williams, Townsend Public Affairs, provided an update on fiscal bill deadlines; AB 2022 (Gordon) Advanced purified demonstration water; SB 1213 (Wiekowski) Renewable energy, biosolids and matching grants; cap and trade funds; and Proposition 1 funding requests. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Withers, stated that he had spoken with David Van Dorpe, US Army Corps of Engineers, regarding the SARI river rock removal contract, and the possibility of selling the material that will be removed. Vice-Chair Seboum shared the participation award from the Children's Water festival. 04/11/2016 Legislative and Public Attains Committee Minutes Page 3 of 4 ADJOURNMENT: Chair Nielsen declared the meeting adjourned at 4:23 p.m. to the next Legislative and Public Affairs Committee Meeting, Tuesday, May 10, 2016 at 8:00 a.m. Submitted by: Kelly A. Lore Clerk of the Board 04/11/2016 Legislative and Public Affairs Committee Minutes Page 4 at ITEM NO. 18 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, March 23, 2016 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Nielsen on Wednesday, March 23, 2016 at 5:02 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: John Nielsen, Chair Jim Herberg, General Manager Keith Curry, Administration Committee Bob Ghirelli, Assistant General Manager Chair Celia Chandler, Director of Human John Withers, Operations Committee Resources Chair Rob Thompson, Director of Engineering Tom Beamish, Member-At-Large Ed Torres, Director of Operations & Lucille Kring, Member-At-Large Maintenance David Shawver, Member-At-Large Lorenzo Tyner, Director of Finance & Administrative Services COMMITTEE MEMBERS ABSENT: Kelly A. Lore, Clerk of the Board Greg Sebourn, Vice-Chair Jennifer Cabral Jim Colston Norbert Gaia Al Garcia Tina Knapp Mark Manzo OTHERS PRESENT: Brad Hogin, General Counsel Mike Markus, General Manager OCWD Bill Hunt, Director of Special Projects, OCWD Patrick Shields, IRWD PUBLIC COMMENTS: No public comments were provided. REPORTS Chair Nielsen provided information from the March 161"legislative visit to Sacramento where he, Vice-Chair Seboum and Mr. Herberg met with Senator Hertzberg's office; 03/23/2016 Steering Committee Minutes Page 1 d3 Assembly Member Gordon; State Water Control Board and the Assembly Committee on Environmental Safety & Toxic Materials offices. Chair Nielsen noted that due to timing issues, Item No. 2 is on the agenda for this committee rather than Legislative and Public Affairs. General Manager Jim Herberg reminded the committee of the upcoming Honor Walk Ceremony, which will be held on May 25, 2016 at 4:00 p.m. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the February 24, 2016 Regular Steering Committee Meeting. AYES: Beamish; Curry; Kring; Nielsen; Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Seboum NON-CONSENT CALENDAR: Assistant General Manager Bob Ghirelli provided a brief overview of the history of the proposed bill and noted the time constraints for which this is being brought forward. 2. OPPOSE SENATE BILL 885 (WOLK) (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Authorize the Chair to sign a letter of opposition for: Construction Contracts: Indemnity. An act to amend Section 2782 of the Civil Code, relating to contracts (SB 885). AYES: Beamish; Curry; Kring; Nielsen; Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Seboum INFORMATION ITEMS: 3. PROPOSED ORANGE COUNTY WATER DISTRICT NORTH BASIN GROUNDWATER DISCHARGE (Bob Ghirelli) Mr. Ghirelli introduced Mike Markus, General Manager, OCWD who provided information of the proposed groundwater extraction system. Mr. Markus distributed documents illustrating the contamination of the aquifer monitoring wells and generally discussed the following: pending litigation against potential contributors; urgency of the problem and the proposed preventative measures to halt contamination; OCSD's discharge fees and a possible partnership for 03/23/2016 Steering Committee Minutes Page 2 of 3 initial clean-up efforts. Mr. Markus and General Counsel Brad Hogin fielded questions from the committee regarding: alternative measures; date certain deferment of fees; recovering fees from responsible parties; budgeting and possible Prop. 1 funding. Mr. Markus stated that he will work together with Mr. Herberg to hopefully find a solution; an Ad Hoc Committee was also suggested to possibly address this issue. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 5:30 p.m. to the next Steering Committee meeting to be held on Wednesday, April 27, 2016 at 5:00 p.m. Submitted by: Kelly A. Lore Clerk of the Board 03/23/2016 Steering Committee Minutes Page 3 of 3 ITEM NO. 19 MINUTES OF MEETING GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE ORANGE COUNTY WATER DISTRICT& ORANGE COUNTY SANITATION DISTRICT January 11, 2016, 5:00 p.m. Committee Chair Beamish called the Groundwater Replenishment System Steering Committee meeting to order in the Boardroom at the District office. Following the Pledge of Allegiance to the flag, the OCWD Assistant District Secretary called the roll and reported a quorum. 2016 Committee Members Roger Yoh OCWD Director, Chair (not present) Cathy Green OCWD Director Philip Anthony OCWD Director John Nielsen OCSD Director, Vice Chair Tom Beamish OCSD Director Jim Ferryman OCSD Director Alternates Denis Bilodeau OCWD Director(No. 1) (not present) Jordan Brandman OCWD Director(No. 2) (not present) Dina Nguyen OCWD Director(No. 3) (not present) Lucille Kring OCSD Director (No. 1) (not present) Greg Sebourn OCSD Director (No. 2) Steve Jones OCSD Director (No. 3) (arrived 5:05 p.m.) OCWD OCSD Mike Markus Jim Herber William Dunivin KathyMillea Mehul Patel Cindy Murra Sandy Scott-Roberts Eros Yon Gina Ayala Jennifer Cabral Paula Bou ounes Alicia Dunkin Other s Judy-Rae Karlsen, Recording Secretary Debbie Burris, DDB Engineering • Annual Reorganization of GWRS Steerino Committee Officers The 2015 GWRS Steering Committee Chair Tom Beamish stated the Committee reorganizes on an annual basis. It was a consensus of the Committee members present to approve the following nominations: • 2016 GWRS Committee Chair- OCWD Director Roger Yoh • 2016 GWRS Committee Vice Chair- OCSD Director John Nielsen Orange County Water District (OCWD) President Green reported that Director Brandman has been appointed as OCWD Alternate Director No. 2. Orange County Sanitation District (OCSD) Alternate Director No. 3 Steve Jones arrived during the following discussion. CONSENT CALENDAR The Consent Calendar was approved upon motion by Director Green, seconded by Director Beamish and carried [5-01 as follows. [Yes- Green, Anthony, Nielson, Beamish, Ferryman/No-0] 1/11/2016 1. Minutes of Previous Meeting The Minutes of the GWRS Steering Committee meeting held October 13, 2015 are approved as presented. 2. OCWD & OCSD Joint Resolution of Support for the MWD Indirect Potable Reuse Proiect Recommended by Committee for approval at January 20 OCWD and January 27 OCSD Board meeting: Adopt resolution supporting the Metropolitan Water District efforts to implement an indirect potable reuse project with County Sanitation District No. 2 of Los Angeles County. MATTER FOR CONSIDERATION 3. Joint Security Vulnerability Assessment Director of Water Production/GWRS Mehul Patel advised that the Joint Operating Agreement allows for a security vulnerability assessment every 5 years if significant changes on the joint campus take place. He noted that Pinkerton recently completed the OCSD security vulnerability assessment and staff is recommending that Pinkerton extend its assessment to include a joint campus security vulnerability assessment for an amount not to exceed $15,000. The Committee then took the following action. Upon motion by Director Anthony, seconded by Director Ferryman and carried [5-01, the Committee recommended that the OCWD Board at its February 17 Board meeting: Authorize issuance of Agreement to Pinkerton for an amount not to exceed $16,000 for a joint security vulnerability assessment of the joint OCWD and OCSD Fountain Valley campus as a cost shared item between both agencies. [Yes- Green, Anthony, Nielson, Beamish, Ferryman/No-01 INFORMATIONAL ITEMS 4. GWRS Operations Update Executive Director of Operations Bill Dunivin provided an update on GWRS water production is 3,100 acre feet above the projected target production of 103,000 acre feet. He advised the treatment plant is operating very efficiently and he reported that staff commenced installation of new reverse osmosis membranes in 6 of the original 15 membrane units and the life expectancy of the membrane unit was approximately 5-6 years. These membranes lasted over 8 years. 5. Change Position to Co-Sponsor Proposed Bill to Bottle Advanced Purified Water for Educational Purposes OCWD General Manager Mike Markus reported that OCWD has supported the introduction of legislation in the past that allowed for the bottling of GWRS water and there was significant resistance and the bill was dropped. He stated that bottling GWRS water for drinking at demonstrations is a key component of education and reaffirms the safety factor of the water treatment purification process. Mr. Markus reported that Water ReUse is looking for an author for new bill to bottle GWRS water and has recommended OCWD participate as a co-sponsor for the legislation. OCWD Director Anthony recommended the GWRS Steering Committee formally invite OCSD to participate as another co-sponsor of the bill. The Committee then took the following action. - 2 - 1/11/2016 Upon motion by Director Anthony, seconded by Director Green and carried [6-0], the Committee recommended that the OCWD Board at its January 27 Board meeting: Invite the Orange County Sanitation District to co-sponsor proposed legislation to bottle GWRS water for educational purposes. (Yes- Green, Anthony, Nielson, Beamish, Ferryman/No- 01 6. Update on SP-173 Effluent Reuse Study OCWD Principal Engineer Sandy Scott-Roberts gave an update on the SP-173 Effluent Reuse study and reported the Final Expansion of GWRS production water will be capable of increased production from 100 million gallons per day (mgd) to 130 mgd. She reported on improvements and expansions needed onsite and the need for increased source water. Ms. Scott-Roberts noted that the GWRS facilities will need 174 mgd of secondary effluent to achieve the 130 mgd water production goal. She discussed the current challenges with recycling the Santa Ana River Intercept (SARI) line source water and then reviewed the initial technical recommendations from the OCSD SP-173 Effluent Reuse Study. Ms. Scott- Roberts stated the draft implementation plan is scheduled to be available in May 2016 and completed in July 2016. OCSD General Manager Jim Herberg advised that OCSD has initiated plans on diverting more non SARI line water into Plant 1 for GWRS water. 7. Quarterly Outreach Report rOct- Dec 20151 OCWD Public Affairs Specialist Gina Ayala provided the fourth quarter outreach report and stated the Public Affairs staff from both agencies meet on a regular basis to review outreach related goals, pertinent legislation issues, brochures, press releases and website issues. She stated the GWRS has won two awards: the IUVA award, "UV Engineering Project of the Year' and the American Membrane Technology Association award, "Membrane Facility of the Year". DIRECTOR COMMENTS Director Anthony requested that staff distribute the final draft of the GWRS brochure to the Steering Committee members prior to distribution. He also requested that staff provide updates on the MWD Los Angeles Sanitation project. VERBAL REPORTS Mr. Markus stated the OCWD and OCWD joint resolution on today's agenda supports the Metropolitan Water District efforts to implement an indirect potable reuse project with County Sanitation District No. 2 of Los Angeles County. OCSD Director John Nielsen announced the next GWRS Steering Committee meeting is scheduled for Monday, April 11, 2016 @ 5:00 p.m. ADJOURNMENT There being no further business, the meeting was adjourne 5:3 p.m. John iel en, Vice Chair - 3 - ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District GOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration PCSA Professional Consultant Services Agreement POTW Publicly Owned Treatment Works ppm Parts per million PSA Professional Services Agreement RFP Request For Proposal Glossary of Terms and Abbreviations RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAW PA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos — The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Glossary of Terms and Abbreviations Certificate of Participation (COP) -A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) - Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D!f) - the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Greenhouse gases - In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System - A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)-Goals to support environmental and public expectations for performance. NOMA- N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) - An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume-A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)- Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line - A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer - Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) - Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment - Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge - Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)-The amount of solids floating and in suspension in wastewater. Glossary of Terms and Abbreviations Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.