Loading...
HomeMy WebLinkAbout05-28-2014 Board Meeting Agenda Packet Orange County Sanitation District sw°i"renori°oisrn Wednesday, May 28, 2014 Regular Meeting of the 6:30 P.M. Board of Directors Board Room 10844 Ellis Avenue MAI Fountain Valley, CA 92708 WE (714) 593-7130 1954-2014 AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (David Shawver, City of Stanton) ROLL CALL & DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form (located at the table outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. SPECIAL PRESENTATIONS: • Presentation of Certificates of Commendation to: o National Water Research Institute o Southern California Coastal Water Research Project • Presentation of the "Large Plant Safety Award"from California Water Environment Association 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. 0512W14 OCSD Board of Directors Agenda Page 1 of 7 ELECTIONS: 1. A. Open nominations for Chair of the Board of Directors (Election to be held at the regular June Board Meeting, unless only one candidate is nominated). B. Open nominations for Vice Chair of the Board of Directors (Election to be held at the regular June Board Meeting, unless only one candidate is nominated). CLAIMS: DIRECTORS., Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party seeking a contract with OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with OCSD. For the specifics of Government Code Section 84308,please see your Director's Handbook or call the office of General Counsel. 2. Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 04/15/14 04/30/14 Totals $ 6,412,873.43 $ 12,774,929.70 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 3. Approve minutes for the Regular Board Meeting held on April 23, 2014. 4. A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to W.M. Lyles, Co. for Activated Sludge Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract No. P1-102A, for a total amount not to exceed $273,908; and C. Approve a contingency of$54,782 (20%). 5. Adopt Resolution No. OCSD 14-05, authorizing Financial and Legal Commitment of Funding Agreement and Related Documents for Funding under the U.S. Bureau of Reclamation, Water 2025, directing staff to apply for a grant up to $450,000 for the Effluent Reuse Study, Project No. SP-173. 0512W14 OCSD Board of Directors Agenda Page 2 of OPERATIONS COMMITTEE: 6. Approve minutes for the Committee Meeting held on May 7, 2014. 7. Approve a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Operation of the Center for Demographic Research, for the period July 1, 2014 through June 30, 2017, for a total amount not to exceed $239,344. 8. A. Terminate the agreement of May 1, 2007, between OCSD and SCCWRP, which provided use of OCSD laboratory facilities; and B. Direct the General Manager of OCSD to notify the Executive Director of SCCWRP of the decision to terminate this agreement effective three months from the date of the notice. 9. A. Approve Change Order No. 2 to Purchase Order 104627-OB to Olin Chlor Alkali Products, for the Purchase of sodium hypochlorite, Specification No. C-2012-536 authorizing a unit price increase of $0.05 per gallon for a new total unit price of$0.489/gallon delivered, plus applicable sales tax, for the period beginning September 1, 2014 through August 31, 2015, and for all subsequent contract renewal periods; and B. Approve a 10% annual unit price contingency. 10. A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer, Specification No. C-2013-59113D, for a unit price of $2.425 per active pound delivered for Solution Polymer (WE-192) plus applicable sales tax, and $2.225 per active pound delivered for Mannich Polymer (C-331) plus applicable sales tax, and $2.929 per active pound delivered for Emulsion Polymer (WE-1233) plus applicable sales tax, and $2.643 per active pound delivered for Emulsion Polymer (WE-1328) plus applicable sales tax, for a total estimated amount of $1,650,100 for the period July 1, 2014 through June 30, 2015, with four one-year renewal options; and B. Approve a 10% annual unit price contingency. 11. A. Approve Amendment No. 6 to the Professional Design Services Agreement with Tetra Tech, Inc., providing for additional engineering services for Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, for an additional amount of$416,000 increasing the total amount not to exceed $1,475,479; and 05/2a/14 OCSD Board of Directors Agenda Page 3 of 7 B. Approve a contingency increase for an additional amount of$73,774 (5%). ADMINISTRATION COMMITTEE - CONSENT: 12. Approve minutes for the Committee Meeting held on May 14, 2014. 13. Approve not-to-exceed numbers as follows, with the understanding that the Sanitation District's insurance broker will continue to negotiate with insurers to seek the lowest possible premiums prior to the expiration date of the current major insurance policies: A. Excess liability insurance - $390,224; and B. Excess workers compensation insurance - a rate of $0.3408 per $100 of payroll (estimated premium at $223,000); and C. Property and Boiler & Machinery combined - $705,830. 14. A. Authorize the General Manager to enter into contracts for Temporary Employment Services (Specification No.CS-2009-421BD) for a one-year period (July 1, 2014 through June 30, 2015), for a total amount not to exceed $550,000 per year, with a 5% annual aggregate escalation factor, with four one-year renewal options; and B. Authorize the General Manager to add or delete such firms as necessary to meet work requirements as identified by the Human Resources Department. ADMINISTRATION COMMITTEE - NON-CONSENT: 15. A. Introduce Ordinance No. OCSD-46, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District amending Section 2.03 of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of Sanitary Sewer Service Charges.'; and B. Motion to read Ordinance No. OCSD-46 by title only and waive reading of said entire Ordinance on May 28, 2014; and C. Set June 25, 2014 as the date for the second reading and adoption of Ordinance No. OCSD-46; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. 05/2a/14 OCSD Board of Directors Agenda Page 4 of STEERING COMMITTEE: 16. Approve minutes for the Steering Committee Meeting held on April 23, 2014. 17. Authorize the General Manager or his designee to vote on behalf of the Orange County Sanitation District in support of the California Association of Sanitation Agencies' new bylaws via ballot due on June 16, 2014. LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 18. Receive and file the minutes of the May 12, 2014 meeting of the Legislative and Public Affairs Special Committee. AB1234 REPORTS (IF ANY): DIRECTORS: Pursuant to Government Code section 53232.3(d), Directors must provide a brief report on any meetings attended at the District's expense. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. Convene in closed session. (1) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)) Significant Exposure to Litigation Number of Potential Cases: 2 Klean Water, Inc. Sonja Wassgren Morgan 05/2e/14 OCSD Board of Directors Agenda Page 5 of 7 (2) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(4)) Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 Number of Potential Cases: 1 Klean Water, Inc. (3) CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Number of Cases: 2 Ross v. Orange County Sanitation District, Orange County Superior Court, Case Number 30-2014-00714553-CU-OE-CJC Shaaban v. Orange County Sanitation District, Orange County Superior Court, Case Number 30-2014-00714553-CU-WT-CJC Reconvene in regular session. Consideration of action, if any, on matters considered in closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Adjourn the Board meeting until the next Regular Board Meeting on June 25, 2014, at 6:30 p.m. 05/28/14 OCSD Beard of Directors Agenda Page 6 of 7 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavalalglocsd.com For any questions on the agenda,Committee members may contact staff at General Manager Jim Herberg (714)593-7300 iherbera(g ocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli0ocsd.com Director of Engineering Rob Thompson (714)593-7310 rthomosonaocsd.com Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes0ocsd.cem Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(cDocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireed(rpocsd.com Director of Operations&Maintenance Ed Tortes 714 593-7080 etorres ocsd.com 05/28/14 OCSD Board of Directors Agenda Page 7 of 7 BOARD OF DIRECTORS NeeBng Date I TOBA.Or Dir. — 05/28/14 AGENDA REPORT Item Number Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Maria E. Ayala, Clerk of the Board SUBJECT: NOMINATIONS FOR CHAIR AND VICE CHAIR OF BOARD OF DIRECTORS GENERAL MANAGER'S RECOMMENDATION A. Open nominations for Chair of the Board of Directors (Election to be held at the regular June Board Meeting unless only one candidate is nominated). B. Open nominations for Vice Chair of the Board of Directors (Election to be held at the regular June Board Meeting unless only one candidate is nominated). SUMMARY As provided in the Board's Rules of Procedures, nominations for the Chair and Vice Chair are made at the regular May meeting, and the election will take place at the June meeting. The following is an excerpt from the current Rules of Procedures relative to the election of the Chair and Vice Chair for the Board of Directors of Orange County Sanitation District: "G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. If only one individual is nominated for Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Chairperson, no election shall be held in June, and the individual shall assume office July 1st. If only one individual is nominated for Vice Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Vice Chairperson, no election shall be held in June, and the individual shall assume office July 1". The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Page 1 of 2 Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson" PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENTS N/A Page 2 of 2 BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir. — oS/zs/14 AGENDA REPORT em Number Item Numbe Z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENTS The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website (mi w.ocsd.coml with the complete agenda package and attachments: 1. Copies of Claims Paid reports from 4/01/14—4/15/14 and 4/16/14—4/30/14 Page 1 of 1 Return to Aaentla Report Claims Paid From 411114 to 4115114 Vendor Warrant No. Amount Description Amounts Payable Warrants 1000BULBS.COM 64116 521.38 Electrical/Electronic Equipment,Parts&Repairs 30MA 63924 150.00 Professional Organizations MestaglTraining/Membership Absolute Standards,Inc. 63925 360.00 Laboratory Services&Supplies ACORN MEDIA 64117 460.21 Mina,Equipment.Parts,Accessories&Services AECOM Technical Services,Inc. 63913 43,089.98 Professional Services/Engineering Design Services Air Liquids America Specialty Gases LLC 64118 223.30 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 63926 16,066.15 Laboratory Services&Supplies Air Liquids l ndustrial U.S.,LP 64119 5,085]] Laboratory Services&Supplies Airgas Safety,Inc. 1665 15,357.38 Safety,Security,Health Equipment,Supplies,and Services Ain Safety, Inc. 1679 11,351.08 Safety,Security,Health Equipment,Supplies,and Services Airgas USA,LLC 1666 1,663.75 Laboratory Services&Supplies Algae USA,LLC 1680 50.01 Laboratory Services&Supplies Allstate Insurance Company 64120 3,132.18 Claim Settlement American Chemical Society 63927 154.00 Professional Organizations Meeting/Training/Membership American Tminco,Inc. 64121 1,680.00 Training Registration American Water Works Assay,Meter Qualit 64122 238.00 Professional Organizations Mea4ng(Tmining/MombershiplMeeting Registration Amtech Elevator Services 63928 4,410.00 Miscellaneous Services Amtech Elevator Services 64123 2,070.00 Miscellaneous Services AppleOne Employment Service 1667 919.60 Professional Services/temporary Services Applied Industrial Technology 63930 158.16 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 64124 251.16 Repair&Maintenance Services and/or Supplies Arizona Instruments,L.L.C. 64125 11306.08 Electrical/Electronic Equipment,Parts&Repairs AT&T Mobility II,L.L.C. 63933 699.96 Telecommunications AT&T Mobility ll, L.L.C. 639U 7,127.88 Telecommunications AT&T Universal Biller 63932 52.46 Telecommunications ATM AA,Inc. 64127 560.00 Lab Services AW Associates Inc. 63936 4,750.00 Repair&Maintenance Services and/or Supplies AW Associates Inc. 64128 620.10 Repair&Maintenance Services and/or Supplies Awards&Trophies Company 63936 T1.92 Awards and Framing Services Avre ds&Trophies Company 64129 47.52 Awards and Framing Services AWSI 64130 1,104.80 Professional Services-DOT Program Administration Barrel Corp.International 64131 3,542.50 Professional Organizations Meeting/Training/Membership Battery Specialties 63937 770.04 Batteries,Various Battery Specialties 64132 161.19 Batteries Various Battery Systems,Inc. 63938 10,709.78 Repair&Maintenance Services and/or Supplies BC Wine Rope&Rigging 63938 2,88l Tools&Supplies BC Wine Rope&Rigging 64133 750.06 Tools&Supplies Beach Wire and Cable 63940 903.20 Telecommunications Bell Pipe&Supply Co. 64134 1,130.95 Repair&Maintenance Services and/or Supplies Bently Nevada Inc. 63941 1,119.13 Repair&Maintenance Services and/or Supplies Blolverieux Vill Inc. 64135 8,761 Laboratory Services&Supplies Black&Veatch Corporation 63914 105,834.28 Professional Services/Engineering Design Services Bongarde Holdings,Ltd. 64136 9,748.05 Professional Organizations Meetingffmining/Membership Borden Decal Company 64137 628.30 Safety,Security,Health Equipment,Supplies,and Services Brenntag Pacific,Inc. 63942 3,446.17 Chemicals,WaterlWastewzter Treatment Brenntag Pacific,Inc. 64138 23,528.55 Chemicals,Water/Wastewater Treatment Bureau Venial North America,Inc. 1681 3,375.00 IndusVlal Hygiene Services C.A.Short Company 64139 331.36 Safety,Security,Health Equipment,Supplies,and Services C.S.M.F.O 63957 90.00 Professional Organizations Meoting/rraining/Membership Calrfornia Dept.of Child Support 63943 2,611.81 Judgments Payable EXHIBITA InOlnrlr Page 1 of 6 WM014 Claims Paid From 411114 to 4115/14 Vendor Warrant No. Amount Descripfion Callan Associates,Inc. 63944 4,351 Investment Advisory Services Cameron Compression Systems 64140 149.99 Repair&Maintenance Services and/or Supplies Canh Q.Nguyen 64104 431.90 Meeting/Training Expense Reimbursement CDW Government,Inc. 63945 8,859.20 Computers,Software/Hardware Chad..P.Crowley Co. 64141 540.95 Repair&Maintenance Services and/or Supplies City Clerk's Association of California 64142 55.00 Professional Organizations Meefing/Raining/Membership City of Fullerton 63915 49,251.04 Water Use City of Huntington Beach 63999 10,465.10 Water Use City of Seal Beach W47 165.21 Water Use City of Tustin 63946 171.59 Water Use City of Tustin 64107 250.00 Water Use Cla-Val Co 63947 199.06 Valve Repair Clean Energy 63948 50.37 CNG Fueling Station ServiceslSupplies Clean Harbors Environmental Services 63949 4,456.18 Grit&Screenings', Hand!Waste Disposal Connell Chevrolei 63950 687.23 Autos,Trucks&Marine Equipment Parts,Accessories&Services Constellation Newenergy Gas Division LLC 64143 17,013.63 Natural Gas Consumers Pipe&Supply Co. 1682 1,595.17 Repair&Maintenance Services and/or Supplies Continental Computers 64144 8,183.99 Computer Keyboards Corporate Image Maintenance,Inc. 61110 37,420.00 Janitor&Household Service&Supplies County of Orange Auditor Controller 63951 735.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 63952 735.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 63953 255.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 64145 1,200.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 64146 855.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 64147 930.00 Governmental Agency Fees&Charges County Wholesale Electric Co. 63954 9,815.69 EleWical/Electronic Equipment,Parts&Repairs Court Omer W08 2,179.38 Judgments Payable Court Order 64039 108.00 Judgments Payable Court Omer W96 912.50 Judgments Payable CR&R,Inc. 63956 688.18 Waste Disposal Crane Veyor Corp. 63956 5,654.20 Repair&Maintenance Services and/or Supplies Culligan of Orange County 64148 119.10 Repair&Maintenance Services and/or Supplies Cummins Cal Paci L.L.C. 64149 517.88 Repair&Maintenance Services and/or Supplies CWEA Membership 63958 296.00 Professional Organizations Meeting/Raining/Membership Dan's Machine Tool,Inc. 6liso 1,692.80 Autos,Trucks&Marina Equipment,Parts,Accessories&Services David Wheeler Pest Control,Inc. 63959 1,260.00 Pest Control Services DEMARIA ELECTRIC MOTOR SERVICES,INC. 63960 3,831.20 ElacbicallElectronic Equipment,Paris&Regains; Desert Pumps&Parts,Inc. 63961 3,202.13 Repair&Maintenance Services and/or Supplies Designer Stitch Embroidery 64151 142.25 Public Outreach Supplies Detection Instruments Corporation 63962 1,161 Eleotdcal Electronic Equipment,Parts&Repairs Dezurik Water Controls 64152 871.57 Repair&Maintenance Services and/or Supplies DIXIE DIESEL&ELECTRIC INC 63963 6,460.44 Electrical Equipment Traller/rralning Dudek&Associates,Inc. 63916 41,452.26 Professional Services/Enginee ding Design Services Dunn-Edwards Corporation 63964 1W.74 Facilities,Maintenance,Services&Supplies Dwyer Instruments,Inc. 63965 519.37 Electrical Electronic Equipment,Pads it Repairs EARLS.CARROLL 63966 4,658.69 Claim Settlement Electrabonl 64153 7,290.00 Repair&Maintenance Services anchor Supplies EMEDCO doe TRICOR 63967 596.33 Repair&Maintenance Services and/or Supplies Emerson Process Management,L.L.P. 64154 9,967.49 Repair&Maintenance Services anchor Supplies Employee Benefits Specialists,Inc. 63968 11,738.92 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 64111 822,681.0 Reimbursed Prepaid Employee Medical&Dependent Care EXHIBITA n,vzlsnr Page 2 of 8 61 Return to Arenas Report Claims Paid From 411114 to 4115114 Vendor Warrant No. Amount Description ENFOTECH&CONSULTING,INC. 64155 5,520.66 Software ENGINEER SUPPLY LLC 63969 359.20 Measuring Wheel ENS Resources,Inc. 64156 51500.00 Professional Services-Federal Advocacy Environmental Engineering&Contracting 64157 2,810.00 Professional Services/Specialty Course Audits Environmental Express,Inc. 63970 1,244.93 Laboratory Services&Supplies Environmental Resource Associates 63971 2,737.83 Laboratory Services&Supplies Environmental Water Solutions,Inc. 64158 188.45 Repair&Maintenance Services and/or Supplies Ewing Irrigation 63972 185.09 Irrigation Repair&Maintenance Services and/or Supplies Ewing Irrigation 64159 136.04 Irrigation Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. 63973 1,445.00 Repair&Maintenance Services and/or Supplies Facility Process Solutions Consulting 63974 3,712.20 Professional Services/Biotrickling Filter Inspection Services Facility Procees Solutions Consulting 64160 4,712.20 Professional ServiceslBioldckling Filter Inspection Services Fal la Miranda 64103 437.96 Meefing/rraining Expanse Reimbursement Fedex Corporation 63975 448.T1 Freight Services Filarsky&Waft.L.L.P. 64161 1,522.50 Prof.Services-SPMT Labor Negotiation Meetings&Spacial Services Fisher Scientific 63976 3,263.47 Laboratory Services&Supplies Flo Systems,Inc. 63977 13,473.00 Repair&Maintenance Services and/or Supplies Fountain Valley AAA Auto Spa 64162 852.12 Autos,Tracks&Marine Equipment,Parts,Accessories&Services Franchise Tax Board 64163 11,911.37 Judgments Payable Frank I.Barisal 63978 5,294.95 Professional Organizations MeelingRmining/Membership Franklin Covey 63979 68.82 Office Supplies Frys Electronics 63980 494.54 Computers,Softwara/Hardware Frys Electronics 64164 53.34 Computers,Software/Hardware Galco Industrial Electronics 63981 709.29 Electrical/Electronic Equipment,Parts&Repairs Gates Fiberglass Installers 63982 4,648.00 Repair&Maintenance Services and/or Supplies George Yardley Co. 63983 3,321.00 Repair&Maintenance Services and/or Supplies Global Environmental Nehwrk Inc. 64165 3,575.00 Safety,Security,Health Equipment,Supplies,and Services Golden State Overnight Delivery Service 63984 324.78 Courier Services Golden State Overnight Delivery Service 64166 27.04 Courier Services Golden West Window Service 63986 11,16TH Facilities,Maintenance,Services&Supplies Golden West Window Service 64167 6,750.00 Facilities,Maintenance,Services&Supplies Grainger,Inc. 63986 5,414.73 Repair&Maintenance Services and/or Supplies Grainger,Inc. 64168 936.30 Repair&Maintenance Services and/or Supplies Graphic Products,Inc. 63987 749.41 Miscellaneous Supplies Goal Electric Company 63988 3,638.13 Electrical Electronic Equipment,Parts&Repairs Graybar Electric Company 64169 15,5T1.17 Electrical/Electronic Equipment,Parts&Repairs Great Western Sanitary Supplies 63988 50.80 Janitor&Household Service&Supplies Great Western Sanitary Supplies 64170 519.04 Janitor&Household Service&Supplies GROTH CORPORATION 63991 4,322.87 Repairs&Maintenance Materials Guarantee Records Management 63990 2,080.45 Professional Services-Document Storage&Shredding Hach Company 63992 4,818.85 Laboratory Services&Supplies Hardy Diagnostics 63993 983.46 Laboratory Services&Supplies Harrington Industrial Plastics,Inc. 63994 194.38 Repair&Maintenance Services and/or Supplies Harrington Industrial Plastics,Inc. 64171 1,001.34 Repair&Maintenance Services and/or Supplies Hartzell Fan Inc. 63995 4,937.84 Electrical Electronic Equipment,Parts&Repairs Hasco Oil Co.,Inc. 64172 592.29 Fuel and Lubricants Highmark 63996 2,491.15 Safety,Security,Health Equipment,Supplies,and Services Hlghmark 64173 1,889.99 Safety,Security,Health Equipment,Supplies,and Services Hill Brothers 1663 148,338.11 Chemicals,Water/Wastewater Treatment Hill Brothers 1677 95,511.27 Chemicals,Water/Wasteventer Treatment Home Depot 63997 729.87 Miscellaneous Pads and Supplies EXHIBITA nmzlalr Page 3 of 8 WM014 Claims Paid From 411114 to 4115/14 Vendor Warrant No. Amount Description Home Depot 64174 325.62 Miscellaneous Parts and Supplies Hub Auto Supply 63998 WAS Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hub Auto Supply 64175 476.19 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Image Apparel for Business Inc. 64000 1,132.26 Uniform Logo Services Industrial Distribution Group 64176 86.19 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 1668 5,109.47 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 1683 2,259.51 Repair&Maintenance Services and/or Supplies Inorganic Ventures,Inc. 64001 436.37 Laboratory Services&Supplies Insight Public Sector,Inc. 64177 4,112.40 Computers,SoftwarefHardwars malts Instrument Group,Inc. 64178 4,160.00 Electrical/Electronic Equipment,Parts&Repairs Integrated Process Technologies,Inc, W02 1,137.36 Repair&Maintenance Services and/or Supplies Interstate Batteries of Cal Coast 64003 548.53 Repair&Maintenance Services and/or Supplies Intl.Union of Oper.Eng.AFL CIO Local W04 4,571.03 Dues Deductions Intmtek Computer,Inc. 64005 521.72 NetwoWServer/Printer Maintenance Services Invensys Systems,Inc. 16" 2,503.04 ElectricallElectronic Equipment,Parts&Repairs ISA 64006 874.45 Professional Organisations MeetingRraining/Membership J R Rand Construction 63922 674,988.68 Construction James D.Herberg 64252 535.11 Meeting/Training Expense Reimbursement Jaffrey Brovm 64099 190.Oo MeetingRraining Expense Reimbursement JOHNSON CONTROLS-REMIT 64179 85.97 Repair&Maintenance Services and/or Supplies Johnstone Supply 64007 76.63 Repair&Maintenance Services and/or Supplies Johnstone Supply 64180 3,136.69 Repair&Maintenance Services and/or Supplies JWC Environmental LLC 64181 208.53 Repair&Maintenance Services and/or Supplies Kanawha Insurance Company 64182 4,827.82 Voluntary Benefits-SSTD Insurance Kemim Water Solutions 16" 47,224.0 Chemicals,WaterlWastewernr Treatment Kemim Water Solutions 1685 6,004.40 Chemicals,WaterlWastewater Treatment Ken A.Sakamoto 64106 1,236.44 MeetingRraining Expense Reimbursement KIMCO STAFFING SERVICES 64009 1,962.00 Professional ServicesRempomry,Services KIRKPATRICK PARTNERS 64010 1,795.00 MeetingRraining Registration Koury Engineering and Testing,Inc. 84011 2,398.00 Professional ServicaslEngineenng Design Services L.Johnson Painting 64012 885.00 Facilities,Maintenance.Services&Supplies Lee&go,Inc. 64013 21,371.29 Professional ServicaslEngineenng Design Services Lieber Cassidy 64014 5,600.00 Professional Services/Employee Relations Linda Losurdo 64253 137.75 Meefing/Daining Expense Reimbursement Mail Dispatch,LLC 64183 330.12 Mail Delivery Service Marcom Interactive 64184 165.55 Professional Organisations Meeting/Raining/Membership Mane E.Ayala 64249 385.96 MeetingRraining Expense Reimbursement Mark H.Kawamoto 64101 205.00 Meefing/Daining Expense Reimbursement Matheson Tri Gas,Inc. 64185 2,841.48 Laboratory Services&Supplies McMaster-Car Supply Co. 64015 455.53 Repair&Maintenance Services and/or Supplies McMaster-Car Supply Co. 64186 441.63 Repair&Maintenance Services antllor Supplies MCR Technologies,Inc. U187 1,378.11 Repair&Maintenance Services and/or Supplies Measurement Control Systems,Inc. 64188 2,38l Repair&Maintenance Services and Supplies MED-]URGENT CARE CENTER MEDICAL GROUP 64016 144.00 Pre-Employment Physical Emma Mesa International Technologies,Inc. 64189 3,481 Repair&Maintenance Services antllor Supplies Mike Bubalo Construction Co.,Inc. 63923 262,234.92 Construction Mine Safety Appliance 1669 11,553.86 Electrical/Electronic Equipment,Pads&Repairs Mine Safety Appliance 1686 8,555.21 Electrical/Electronic Equipment,Paris&Repairs Mission Abrasive&Janitorial Supplies 64017 60.46 Janitorial&Household Services&Supplies Molecular Toxicology,Inc. 64190 433.58 Laboratory Services&Supplies Moore Medical Inc. 1687 603.86 Medical Supplies nmzralr EX Page 4 of 8 5isi Return to Aaenda Report Claims Paid From 411114 to 4115/14 Vendor Warrant No. Amount Description Morgan Company(WRM,Inc) 64112 27,043.80 Autos,Tracks&Marine Equipment,Parts,Accessories&Services MTM Recognition Corporation 64191 634.56 Service Awards Neopost USA Inc. 64018 63.54 Equipment LeaselPoslage Meter Nth Generation Computing,Inc. 63917 31,885.40 Computer Applications&Services 01 Reprographics 63931 815.60 Printing/Reprographice Services OCEI 64019 663.00 Dues Deductible O'Connell Engineering&Construction,In 54020 18,716.17 Repair&Maintenance Services and/or Supplies Office Depot 64021 302.51 Office Supplies Office Depot 54192 961 Office Supplies Office Team 64022 919.20 Professional Services"Fempomry Services Oi Corporation 54193 3,043.45 Laboratory Services&Supplies Olin Corporation 64023 6,982.13 Chemicals,WaterMastewaler Treatment Olin Corporation 54194 4,610.78 Chemicals,Water/Wastewater Treatment Omega Industrial Supply,Inc. 64195 2,375.67 Janitor&Household Service&Supplies OneSoume Distributors,Inc. 54024 6,610.84 Elermical/Electronic Equipment,Paris&Repairs OneSource Distributors,Inc. 64196 3,897.52 ElectricapElectronic Equipment,Parts&Repairs Orange County Auto Paris 64025 32.93 Truck Supplies Orange County Auto Parts 64197 628.43 Truck Supplies Orange County Sanitation District 64108 1,553.30 Petty Cash Expense Orange County Sheriff 64026 1,427.81 Judgments Payable Orange County United Way 64027 W.00 Employee Contributions Orange County Vector COntrol District 64028 145.38 Pest Control OSTS Inc. 64199 3,500.00 Professional Organizations Meeting(Training/Membership Parker Supply Company 1688 3,302.20 Miscellaneous Parts and Supplies Parkhouse Tire,Inc. 64029 797.52 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Peace Oficem Council of CA 64030 2,024.00 Dues Deductions,Supervisors&Professionals Peeress Wiping Materials Co. 64200 1,185.84 Janitor&Household Seoul&Supplies Pencco,Inc. 64031 15,760.76 Chemicals Pencco,Inc. 64201 21,135.79 Chemicals Performance Pipeline Technologies 64202 12,20).00 Professional Services/CCN lnspectionlSewerline Cleaning PL Hawn Company,Inc. 64032 7,763.65 Repair&Maintenance Services and/or Supplies Polydyne,Inc. 1678 42,695.63 Chemicals,WatedWastewater Treatment Port Supply 64033 335.55 Autos,Tucks&Marina Equipment,Parts,Accessories&Services Power Bros.Machine,Inc. 64204 6,615.94 Repair&Maintenance Services and/or Supplies Po rlo Products,Inc. 64203 94.60 Repair&Maintenance Services and/or Supplies Pral Distribution,Inc. 6`klu 640.97 Laboratory Services&Supplies Primrose Ica Co.,Inc. 64035 131.25 Water&Ice Services Procam Work Injury Center 64205 681 Medical Services Process Instruments&Controls,LLC 64206 2,7P.15 Electrical/Electronic Equipment,Paris&Repairs Projects Partners 64207 4,424.00 Professional Services/Fempomry Employment Services Prudential Clemson Services 6,4136 365.48 Uniforms Prudential Overall Supply 1670 1,593.56 Uniforms Prudential Overall Supply 1689 1,482.85 Uniforms Pumping Solutions,Inc. 64208 2,083.17 Repair&Maintenance Services and/or Supplies Pure Air Filtration,LLC 64209 3,580.50 Repair&Maintenance Services and/or Supplies Pyramid Fence Company,Inc. 64037 10,730.00 Facilities,Maintenance,Services&Supplies Quinn Power Systems 64038 3,393.35 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Quinn Power Systems 64210 368.30 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Rual ll International Inc. 64211 240.90 Repair&Maintenance Services and/or Supplies Rainbow Disposal CO. 64212 3,499.00 Waste Disposal Reliastar 64213 11,212.03 Voluntary Employee Life&Cancer Insurance FXHIBITA nN2lonr Page 5 of 8 WM014 Claims Paid From 411114 to 4115/14 Vendor Warrant No. Amount Description RMC Water and Environment 63918 58,289.46 Professional Services EMS Engineering&Design,Inc. 64040 1,125.00 Engineering Services RMS Engineering&Design,Inc. ( 1 2,775.00 Professional Servicas/Engineering Design Services Rockxell Engineering&Equipment Co. M214 7,884.60 Repair&Maintenance Services and/or Supplies Royale Cleaners W42 6.10 Miscellaneous Services RT CONTRACTOR CORP M043 1,069.00 Repair&Maintenance Services and/or Supplies RT CONTRACTOR CORP (f4215 9AN.90 Repair&Maintenance Services and/or Supplies Ruben Gomez 64100 300.00 Meeting/haining Expense Reimbursement S&J Supply Cc Inc 6,H)i 4,061 Repair&Maintenance Services and/or Supplies SA Recycling M254 2,00).00 Sewer User Fee Rebate Safety Max 64217 483,98 Safety,Security,Health Equipment,Supplies,and Services San Diego/Orange Fluid System Technologi M218 1,092.18 Repair&Maintenance Services and/or Supplies SCAOMD 64109 364.32 Governmental Agency Fees&Charges Schwfng Bioset 1671 1,127.70 Repair&Maintenance Services and/or Supplies Scientific Services Plus,LLC 64046 698116 Laboratory Services&Supplies Securities Security Services USA,Inc. 63919 28,116.88 Safety,Security,Health Equipment,Supplies,and Services Sequoia Consultants,Inc. 64048 4,903.00 Professional ServiceslEngineering Design Services SETAC M049 160.00 Professional Organizations Meeting/Raining/Membership SGS Tearoom,Inc. 64050 6.21 Computer HaNware and Services Shamrock Supply Co.,Inc. M051 794.06 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 64219 232.96 Repair&Maintenance Services and/or Supplies Sharesquared,Inc. M052 7,218.75 Computer Applications&Services Shawn R.May 64102 215.00 Meetingri-mining Expanse Reimbursement Shoeteria M220 660.82 Safety,Security,Health Equipment,Supplies,and Services Shureluck Sales&Engineering 64053 3,092.47 Repair&Maintenance Services and/or Supplies Shureluck Sales It Engineering M221 137.33 Repair&Maintenance Services and/or Supplies SIERRA TRANSPORT INC. 64054 11,735.82 Professional Service-Biosolids Management SIERRA TRANSPORT INC. M222 6,518.91 Professional Service-Biosolids Management SIGNDESIGN W55 1,294.36 Name Plates SKC West,Inc. M223 140.50 Laboratory Services&Supplies South Coast Environmental Co. W45 %555.90 Professional Services-Air Quality Monitoring Southern California Edison 63920 73,890.35 Utilities Sparklett-Dallas 64224 949.80 Miscellaneous Services Sperling Instruments,Inc. M057 2,947.04 Instrument Parts&Supplies SPEX Carboni ,Inc. W58 172.61 Laboratory Services&Supplies Staples M059 203.70 Office Supplies Staples 64225 io2,90 Office Supplies Summit Steel 1672 809.55 Repair&Maintenance Services and/or Supplies Summit Steal 1690 3,974.82 Repair&Maintenance Services antllor Supplies Sunset Industrial Parts U060 61.58 Repair&Maintenance Services and/or Supplies T&D Communications 64061 260.00 Computers,Software/Hardware TDI U062 7,000.00 Professional Services/Informa0on Technology TestAmerica Ontario 1673 3,053.00 Laboratory Services&Supplies Thatcher Company Of California U113 45,859.02 Chemicals,WaterMastewater Treatment The Cat Group,Inc. 64226 2,312.53 Repair&Maintenance Services antllor Supplies The Fire X-Tingulsher Service Co. U070 712.47 Safety,Security,Health Equipment,Supplies,and Services The Orange County Register 64198 4,528.00 Notices&Ads Theodore Robins Ford U063 1,060.49 Autos,Trucks&Marine Equipment,Paris,Accessories&Services Thomas R.Beamish 64250 501.03 Meeting?raining Expense Reimbursement Thompson Industrial Supply,Inc. 1674 4,022.82 Repair&Maintenance Services and/or Supplies Tiano Construction Ifti 11,176.00 Facilities Maintenance,Services&Supplies nvelalr EX Page 6 of 8 &1 Return to Anemia Report Claims Paid From 411114 to 4115114 Vendor Warrant No. Amount Description Tony's Lock&Safe Service&Sales 64965 4,127.76 Repair&Maintenance Services and/or Supplies Tony s Lock&Safe Service&Sales 64227 135.00 Repair&Maintenance Services and/or Supplies Toshiba Business Solutions USA Inc. 64066 2,986.26 Computers,Soflware/Hardware&Managed Services Total Resource Management,Inc. 64067 1,725.00 Professional Services/Implementation of IBM Maxim Townsend Public Affairs 64068 7,500.00 Professional Services-State Legislative Advocacy Trans U.S.Inc 64069 1,939.48 Repair&Maintenance Services and/or Supplies Trans U.S.Inc 64228 358.34 Repair&Maintenance Services and/or Supplies Tremcc Incorporated 1675 620.54 Repair&Maintenance Services and/or Supplies TRIMBLE NAVIGATION 64071 9,392.76 Navigational GPS Units Tropical Plan Nursery,Inc. 64229 12,877.50 Landscape Maintenance Services Troy D.Edger 64251 506.88 Meefingaraining Expanse Reimbursement Truck&Auto Supply,Inc. 64230 1,542.27 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Tule Ranch/Magan Farms 64114 284,9 7.78 Egli Management TW Telecom Holdings,Inc. 64072 9,276.87 Telecommunications TW Telecom Holdings,Inc, 64231 9,2P.20 Telecommunications UC Regents 64073 750.00 Training Registration Ultra Scientific 64074 119.85 Laboratory Services&Supplies Underground Service Alert of So.Calif 64075 1,638.00 Professional Services-Dig Alert Notifcation Service United Parcel Service 64076 279.12 Freight Services United Parcel Service 64232 116.81 Freight Services University of Wisconsin Madison 64077 695100 Training UPS Ground Freight,Inc. 64078 205.91 Freight Services US Peroxide,L.L.C. 64079 7,742.82 Chemicals,Water/Wasteweter Treatment US Peroxide,L.L.C. 64115 25,115.27 Chemicals,WatedWastewater Treatment Valve Automation&Controls 64233 2,258.33 Repair&Maintenance Services and/or Supplies Vanh Phonsin 64105 406.W Meefing/Training Expense Reimbursement Vag.Products,Inc. 64234 287.88 Electrical/Electronic Equipment,Parts&Repairs Verizon California 64235 800.00 Telecommunications Veri¢on California 64236 643.13 Telecommunications Verizon Wireless 64237 1,211.58 Telecommunications Verne's Plumbing 64080 2,152.61 Plumbing Services&Supplies Verne's Plumbing 64238 351 Plumbing Services&Supplies Verech Industrial Systems,Llc 64081 9,604.61 Professional Services/Construction Consulting Services Vornado Realty LP 64082 1,235.05 Sewer User Fee Rebate Vornado Realty LP 64083 18,730.19 Sewer User Fee Rebate Vornado Realty LP 64084 615.13 Sewer User Fee Rebate Vornado Realty LP 64085 1.930.19 Sewer User Fee Rebate Vornado Realty LP 64086 1,027.45 Sewer User Fee Rebate Voyager Fleet Systems,Inc. 64239 19,467.10 Autos,Trucks&Marine Equipment,Parts,Accessories&Services MR Scientific Products 64087 179.28 Laboratory Services&Supplies MR Scientific Products 64240 2,190.36 Laboratory Services&Supplies Wasserman Vomado Shot R.E.LLC 64088 671.92 Sewer User Fee Rebate Wasserman Vomado Strat R.E.LLC 6W89 602.76 Sewer User Fee Rebate Wasserman Vomado Shot R.E.LLC 64090 707.65 Sewer User Fee Rebate Wasserman Vomado Strat R.E.LLC 6W91 1,423.74 Sewer User Fee Rebate Wasserman Vomado Shot R.E.LLC 64092 10,189.95 Sewer User Fee Rebate Water Environment Federation 64241 606.00 Professional Organintions Meeting/Training/Membership Waxie Sanitary Supply 64093 2,261.59 Janitor&Household Service&Supplies Waxie Sanitary Supply 64242 1,506.97 Janitor&Household Service&Supplies West Coast Arbodsts,Inc. 64094 1,350.00 Landscape Maintenance Services West Coast Safety Supply Co. 64243 2,368.90 Safety,Security,Health Equipment,Supplies,and Services E HIBITA nmzlair Page 7 of 8 WM014 Claims Paid From 411114 to 4115114 Vendor Warrant No. Amount Description Western States Corrosion Seminar 64244 540.00 O&M Meeting Registration White Star Pools 64245 310.00 Repair&Maintenance Services anti/or Supplies Wilmington Instrument Co.,Inc. 64246 884.65 Instrument Parts&Supplies Winer Corporation 64247 1,061.20 Repair&Maintenance Services and/or Supplies Woodruff Spmdlin&Smart 63921 58,017.93 Pmfeuiional Services-Legal Workforce Software,Inc. 64248 12,987.00 Computer Applications and Services W REC Lido Ventures LLC W95 13,596.02 Sewer User Fee Rebate Xerox Corporation 1676 10,794.48 Computers,Software/Hardware&Managed Services Yorba Linda Water District 64097 54.24 Utilities Yorke Engineering,L.L.C. 64098 4,747.12 Professional Services-Engineering Total Accounts Payable-Warrants $ 4,059,328.38 Payroll Disbursements Employee Paychecks 52932 - 52952 $ 3,486.75 Interim Payroll-AREA(411/14) Employee Paychecks 52953 - 529" 69,881.35 Biweekly Payroll(4014) Employee Paychecks 52991 2,M.07 Interim Payroll-Retirements-Reg Hm(4/3/14) Employee Paychecks 52992 6,113.87 Interim Payroll-Retirements-Accrual Payout(4/3I14) Employee Paychecks 52993 136.21 Interim Payroll-Re-issue(49114) Direct Deposit Statements 352214-352399 32,676.00 Interim Payroll(4/1114) Direct Deposit Statement. 352400-352963 1,385,741.14 Biweekly Payroll(4014) Total Payroll Disbursements $ 1,500,075.39 '52985-52990=used in a prior period Wire Transfer Payments OCSD Payroll Takes&Contributions $ 772,199.01 Biweekly Payroll(4014) Union Bank of California 81,270.65 Workers Compensation Services(4/10/14) Total Wire Transfer Payments $ 853,469.66 Total Claims Paid 4/01114.4/15/14 $ 6,412,873.43 EXHIBITA 1,11r" Page 8 of 8 5/1 Return to Aaenda Report Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Accounts Payable Warrants 1000BULBS.COM 64265 271.08 Electrical/Electronic Equipment,Parts&Repairs 1000BULBS.COM 64441 74.89 Electrical/Electronic Equipment,Parts&Repairs Absolute Standards, Inc. 64442 1,250.00 Laboratory Services&Supplies Accounting Options, Inc. 64267 195.00 Meeting Registration-Division 610 A-Check America,Inc. 1692 790.50 Human Resources Services AECOM Technical Services,Inc. 64255 25,884.55 Professional ServiceslEngineering Design Services AECOM Technical Services,Inc. 64582 33,553.74 Professional ServiceslEngineering Design Services Aerotek 64266 327.45 Professional Services/Temporary Services Aerotek 64443 60.00 Professional Services/Temporary Services Aerotek W95 60.00 Professional Services/Temporary Services Agilent Technologies,Inc. W96 4,688.23 Laboratory Services&Supplies Ago Industnei So-Cal Sweeping 64390 980.00 Street Sweeping Services Ago Industnei So-Cal Sweeping 64722 500.00 Street Sweeping Services Air Liquids America Specialty Gases LLC 64268 2,346.98 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 64269 21,045.32 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 64444 9,613.88 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 64597 15,032.24 Laboratory Services&Supplies Airgas Safety,Inc. 1693 7,298.35 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 1709 1,436.92 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 1721 4,674.72 Safety,Security,Health Equipment,Supplies,and Services Airgas USA,LLC 1694 1,693.80 Laboratory Services&Supplies Airgas USA,LLC 1710 200.31 Laboratory Services&Supplies Airgas USA,LLC 1722 350.53 Laboratory Services&Supplies Alan D.Ralph 64765 1,179.37 Meeting/I-raining Expense Reimbursement Alhambra Foundry Co.,Ltd. 64270 19,180.80 Repair&Maintenance Services and/or Supplies Alhambra Foundry Co.,Ltd. 64598 7,665.84 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. W99 104.22 Repair&Maintenance Services and/or Supplies Amazing Tents&Events 64271 365.00 Event Supplies American Express TVL Related Svcs Co.,1 64445 10,180.60 Purchasing Card Program for Miscellaneous Travel Expenses AMERICAN INDUSTRIAL HEAT TRANSFER,INC. woo 1,667.80 Sewer User Refund American Integrated Services, Inc. 64422 58,288.40 Grit&Screenings Disposal American Machinery&Blade,Inc. 64446 4,997.20 Repair&Maintenance Services and/or Supplies AMERICAN PRINTING&PROMOTIONS,LLC 64601 1,125.80 Payee# 648755 American Society of Civil Engineers 64447 135.75 Professional Organizations Meeting/TraininglMembership Ameron International 64448 4,549.02 Repair&Maintenance Services and/or Supplies AppleOne Employment Service 1695 1,839.20 Professional Services/remporary Services AppleOne Employment Service 1711 919.60 Professional Services/remporary Services AppleOne Employment Service 1723 919.60 Professional Services/-emporary Services Applied Industrial Technology 64449 138.37 Repair&Maintenance Services and/or Supplies Aquatic Blosystems,Inc. 64272 319.50 Laboratory Services&Supplies ARB/PERP-Air Resources Board 64602 570.00 Governmental Agency Fees&Charges Archie Ivy,Inc. 64605 4,865.00 Repair&Maintenance Services and/or Supplies ARTESIA SAWDUST PRODUCTS 64606 2,187.48 Sawdust ABBE American Society of Safety Engineer 64274 210.00 Professional Organizations Meeting/Training/Membership AT&T Mobility II,L.L.C. 64276 199.99 Telecommunications AT&T Mobility II,L.L.C. 64608 7,292.00 Telecommunications AT&T Universal Biller 64275 2,724.34 Telecommunications AT&T Universal Biller 64607 52.62 Telecommunications AT&T Teleconference Services 64450 121A1 Telecommunications Atkinson,Andelson,Loyal,Rudd&Ruud 64451 10,289.70 Professional Services-Legal AW Associates Inc. 64609 4,438.18 Repair&Maintenance Services and/or Supplies Awards&Trophies Company 64277 90.08 Awards and Framing Services Awards&Trophies Company 64452 59.52 Awards and Framing Services EXHIBIT 8 4nR1Mr Page 1 of 11 56/2014 Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description AWSI 64610 316.00 Professional Services-DOT Program Administration Ayala Engineering 64453 3,947.00 Repair&Maintenance Services and/or Supplies Ayala Engineering 64611 17,415.00 Repair&Maintenance Services and/or Supplies B&K Electric Wholesale 64278 1,273.19 Electrical/Electronic Equipment,Parts&Repairs Banagan Corp.International 64612 330.00 Professional Organizations Meeting/Traininglivembership Battery Specialties 64613 288.23 Batteries,Various Battery Systems,Inc. 64454 1,029.38 Repair&Maintenance Services and/or Supplies Battery Systems,Inc. 64614 2,245.59 Repair&Maintenance Services and/or Supplies Bavco 64279 39.53 Repair&Maintenance Services and/or Supplies Bavco 64615 729.54 Repair&Maintenance Services and/or Supplies BC Wire Rope&Rigging 64616 1,200.00 Tools&Supplies Bee Man Pest Control, Inc. 64280 310.50 Pest Control Services Bently Nevada Inc. 64281 1,444.83 Repair&Maintenance Services and/or Supplies Bermingham Controls 64282 834.74 Electrical/Electronic Equipment,Parts&Repairs Black&Veatch Corporation 64258 36,231.11 Professional ServiceslEngineering Design Services Black&Veatch Corporation 64423 26,991.42 Professional Services/Engineering Design Services Blair-Martin Co.,Inc. 64617 372.72 Repair&Maintenance Services and/or Supplies Brenntag Pacific,Inc. 64456 21,426.77 Chemicals,WaterWastewater Treatment Brenntag Pacific,Inc. 64618 6,233.91 Chemicals,WaterWastewater Treatment Bureau Values North America,Inc. 1696 8,500.00 Industrial Hygiene Services Bureau Values North America,Inc. 1724 2,975.00 Industrial Hygiene Services Burlington Safety Laboratory of CA, Inc. 64619 148.10 Safety,Security,Health Equipment,Supplies,and Services C.A.Short Company 64620 84.24 Safety,Security,Health Equipment,Supplies,and Services C.S.M.F.O 64641 150.00 Professional Organizations Meeting/TraininglMembership Caleb Wheatley 64769 300.00 Meeting/Training Expense Reimbursement California Barricade Rentals 64283 2,360.00 Miscellaneous Services California Barricade Rentals 64621 4,121.10 Miscellaneous Services California Dept.of Child Support 64284 2,455.35 Judgments Payable California Dept.of Child Support 64622 2,166.19 Judgments Payable California Recreation Company 64623 3,583.35 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Relocation Services,Inc. 64457 150.00 Miscellaneous Services-Moving/Relocation California Relocation Services,Inc. 64624 202.50 Miscellaneous Services-Moving/Relocation California Water Technologies 64424 49,060.75 Chemicals California Water Technologies 64625 4,940.05 Chemicals Campbell Window Film 64626 325.00 Autos,Trucks&Manna Equipment,Parts,Accessories&Services Camillo Engineers 64627 11,537.37 Professional Services/Engineering Design Services Cavanaugh Machine Works 64285 615.00 Repair&Maintenance Services and/or Supplies Carl Environmental,Inc. 64286 4,291.67 CEMS Maintenance Agreement CEPA Operations,Inc. 64628 2,137.00 Repair&Maintenance Services and/or Supplies Charles King Company,Inc. 64437 694,940.20 Construction Chem Search W29 401.83 Repair&Maintenance Services and/or Supplies Cheryl Schlefelbeln W81 135.22 MeetingrTraining Expense Reimbursement CINTAS FIRE PROTECTION 64287 328.87 Fire Extinguisher Supplies&Services City of Fountain Valley W30 6,916.99 Permits City of Huntington Beach 64323 12.46 Water Use City of Newport Beach W87 1,152.35 Water Use City of Westminster 64458 24.45 Water Use Clean Energy 64459 1,570.73 CNG Fueling Station Services/Supplies Clean Harbors Environmental Services 64288 2,841.47 Grit&Screenings;Hazard Waste Disposal Clean Harbors Environmental Services 64631 11,648.59 Gr0&Screenings;Hazard Waste Disposal CLEVELAND PUNCH AND DIE COMPANY 64460 906.62 Tools Compressor and Engine Supply,Inc. 64461 1,749.82 Repair&Maintenance Services and/or Supplies Connell Chevrolet\GEO 64289 259.03 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Connell Chevrolet\GEO 64632 233.86 Autos,Trucks&Marine Equipment,Parts,Accessories&Services EXHIBIT 8 fii Page 2 of 11 515c014 Return to Aaenda Report Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Consolidated Electrical Distributors 64290 2,272.76 Electrical/Electronic Equipment,Parts&Repairs Consolidated Electrical Distributors 64462 1,735.56 Electrical/Electronic Equipment,Parts&Repairs Consolidated Electrical Distributors 64633 5,850.54 Electrical/Electronic Equipment,Parts&Repairs Constructive Community Relations 64425 25,084.42 Construction Outreach Consumers Pipe&Supply Co. 1697 3,026.94 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 1712 4,280.25 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 1725 1,267.58 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 64634 574.97 Repair&Maintenance Services and/or Supplies Comer Bakery Cafe(CBC) 64291 174.56 Catering Services Corporate Image Maintenance,Inc. 64583 38,870.00 Janitor&Household Service&Supplies CORRPRO Companies, Inc. 64426 45,220.00 Professional Services/remporary Services Coss,Ronald J. 64418 253.78 Meeting/Training Expense Reimbursement Counterpart Enterprises,Inc. 64635 433.27 Repair&Maintenance Services and/or Supplies County of Orange Auditor Controller 64292 960.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 64293 1,365.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 64464 157.50 Governmental Agency Fees&Charges County of Orange Auditor Controller 64465 618.50 Governmental Agency Fees&Charges County of Orange Auditor Controller 64637 840.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 64638 1,080.00 Governmental Agency Fees&Charges County of Orange PFRO Geomatics 64636 100.00 Governmental Agency Fees&Charges County Wholesale Electric Co. 64639 650.16 Electrical/Electronic Equipment,Parts&Repairs Court Order 64333 2,179.38 Judgments Payable Court Order 64376 108.00 Judgments Payable Court Order 64416 912.50 Judgments Payable Court Order 64674 2,179.38 Judgments Payable Court Order 64707 108.00 Judgments Payable CR&R,Inc. 64294 1,376.36 Waste Disposal Crane Veyor Corp. 64295 12,311.02 Repair&Maintenance Services and/or Supplies CS-AMSCO 64296 21.60 Repair&Maintenance Services and/or Supplies CS-AMSCO 64640 6,550.52 Repair&Maintenance Services and/or Supplies CSI Services,Inc. 64297 7,457.50 Professional Services Curley Wholesale Elechlc 64466 1,431.00 Electrical/Electronic Equipment,Parts&Repairs CWEA Membership 64298 148.00 Professional Organizations Meeting/TraininglMembership CWEA Membership 64467 444.00 Professional Organizations Meeting/TraininglMembership CWEA Membership 64642 752.00 Professional Organizations Meeting/TraininglMembership David GutoH 64299 225.00 Laboratory Services&Supplies David GutoH 64643 225.00 Laboratory Services&Supplies David Rodriguez 64767 316.52 Meebng/rraining Expense Reimbursement David Wheeler Pest Control,Inc. 64644 1,260.00 Pest Control Services ODE Engineering,Inc. 64468 495.00 Professional Services-Advocacy Desert Pumps&Parts,Inc. 64300 153.06 Repair&Maintenance Services and/or Supplies Desert Pumps&Parts,Inc. 64469 6,988.69 Repair&Maintenance Services and/or Supplies Designer Stitch Embroidery 64645 1,747.05 Public Outreach Supplies Detection Instruments Corporation 64470 1,078.39 Electrical/Electronic Equipment,Parts&Repairs Detection Instruments Corporation 64646 105.00 Electrical/Electronic Equipment,Parts&Repairs Dudek&Associates,Inc. 64471 1,243.18 Professional Services/Engineenng Design Services Dudek&Associates,Inc. 64647 23,908.86 Professional Services/Engineering Design Services Dunn-Edwards Corporation 64472 221.62 Facilities,Maintenance,Services&Supplies EDWARD S BABCOCK&SONS INC 64301 590.00 Laboratory Services&Supplies Electrabond 64473 767.88 Repair&Maintenance Services and/or Supplies Electrical Power And Controls Inc 64648 2,212.22 Electrical/Electronic Equipment,Parts&Repairs Emerson Process Management,L.L.P. 64302 1,481.08 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists,Inc. 64303 14,980A3 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 64474 6,984.25 Reimbursed Prepaid Employee Medical&Dependent Care EXHIBIT 8 anntatr Page 3 of 11 51s2014 Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Employee Benefits Specialists,Inc. 64649 14,390.83 Reimbursed Prepaid Employee Medical&Dependent Care EMSL Analytical,Inc. 64650 3,393.00 Safety,Security,Health Equipment,Supplies,and Services Enchanter, Inc. 64304 800.00 Vessel Services-Monitoring Vessel Nerissa Enchanter, Inc. 64475 800.00 Vessel Services-Monitoring Vessel Nerissa Environmental Engineering&Contracting 64476 3,500.00 Professional ServiceslSpecialty Course Audits Environmental Engineering&Contracting 64651 1,412.50 Professional ServiceslSpecialty Course Audits Environmental Express,Inc. 64305 3,999.30 Laboratory Services&Supplies Environmental Resource Associates 64306 717.16 Laboratory Services&Supplies Environmental Resource Associates 64477 2,939.95 Laboratory Services&Supplies Environmental Resource Center 64307 1,002.72 Safety,Security,Health Equipment,Supplies,and Services Envirosupply&Service,Inc 64308 4,500.00 Laboratory Services&Supplies Ernest R.Savedra 64768 170.00 Meeting/Training Expense Reimbursement ESRI,Inc. 64427 27,259.69 Computer Applications&Services Ewing Irrigation 64479 619.66 Irrigation Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. 64309 1,180.38 Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. 64652 5,350.00 Repair&Maintenance Services and/or Supplies Faviola Miranda 64763 934.01 Meeting/Training Expense Reimbursement Fedex Corporation 64310 198.40 Freight Services Fedex Corporation 64480 38.02 Freight Services Ferguson Enterprises,Inc. 64311 533.21 Repair&Maintenance Services and/or Supplies First American Coralogic 64463 82.00 Software Maintenance Agreement Fisher Scientific 64312 2,000.56 Laboratory Services&Supplies Fisher Scientific 64481 3,473.30 Laboratory Services&Supplies Fisher Scientific 64653 5,813.07 Laboratory Services&Supplies Fountain Valley Paints,Inc. 64654 57.50 Facilities,Maintenance,Services&Supplies Fresno First Bank-Acct 100013315 64591 40,619.80 Construction,Retention Frys Electronics 64313 734.52 Computers,Software/Hardware Frys Electronics 64482 43.18 Computers,Software/Hardware FUSES UNLIMITED 64655 156.75 Miscellaneous Fuses Ganahl Lumber Company 64656 441.01 Facilities,Maintenance,Services&Supplies Garrett Callahan Company 64657 1,943.10 Chemicals,WaterWastewater Treatment Gates Fiberglass Installers 64314 1,136.00 Repair&Maintenance Services and/or Supplies GBC(General Binding Corp) 64483 110.37 Office Supplies Genente,Inc. 64484 1,341.69 Laboratory Services&Supplies George L.Robertson 64766 540.48 Meeting/Training Expense Reimbursement George Rivera 64580 136.33 Meeting/Training Expense Reimbursement Gienich-Mitchell,Inc. 64485 4,054.72 Repair&Maintenance Services and/or Supplies Gina A.Tetsch 64420 1,410.30 Meeting/Training Expense Reimbursement Glen Mills Inc. W58 1,133.66 Laboratory Services&Supplies Glens Alignment&Brake Service W59 405A9 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Golden State Overnight Delivery Service 64315 200.02 Courier Services Golden State Overnight Delivery Service 64486 39.00 Courier Services Golden State Overnight Delivery Service W60 91.60 Courier Services Golden West Window Service 64316 2,942.00 Facilities,Maintenance,Services&Supplies Golden West Window Service 64487 2,640.00 Facilities,Maintenance,Services&Supplies Golden West Window Service W61 9,499.19 Facilities,Maintenance,Services&Supplies Govplace 64488 964.70 Computer Applications and Services Grainger,Inc. 64317 7,118.00 Repair&Maintenance Services and/or Supplies Grainger,Inc. 64489 2,637.60 Repair&Maintenance Services and/or Supplies Grainger,Inc. 64662 4,029.45 Repair&Maintenance Services and/or Supplies Graphic Products, Inc. 64490 166.34 Miscellaneous Supplies Graybar Electric Company 64259 33,867.01 Electrical/Electronic Equipment,Parts&Repairs Graybar Electric Company 64491 2,153.76 Electrical/Electronic Equipment,Parts&Repairs Graybar Electric Company 64663 828.60 Electrical/Electronic Equipment,Parts&Repairs EXHIBIT 8 annronr Page 4 of 11 5152014 Return to Aaenda Report Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Guarantee Records Management 64492 368.50 Professional Services-Document Storage&Shredding Hach Company 64493 779.23 Laboratory Services&Supplies Hach Company 64664 5,746.55 Laboratory Services&Supplies Hardy Diagnostics 64494 153.76 Laboratory Services&Supplies Harrington Industrial Plastics, Inc. 64665 405.73 Repair&Maintenance Services and/or Supplies HAYLEY MCGRATH 64318 947.15 Beneficiary Payout HDR Engineering,Inc. 64260 138,698.86 Professional ServiceslEngineering Design Services Health Science Associates 64666 1,983.50 Safety,Security,Health Equipment,Supplies,and Services Hi Standard Automotive,L.L.C. 64319 2,102.98 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hi Standard Automotive,L.L.C. 64495 338.76 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Highmark 64667 317.05 Safety,Security,Health Equipment,Supplies,and Services Hill Brothers 1706 168,138.44 Chemicals,WaterAMaslewater Treatment Hill Brothers 1726 2,494.80 Chemicals,WaterAMaslewater Treatment Hilo,Inc. 64668 704.22 Repair&Maintenance Services and/or Supplies Home Depot 64320 137.83 Miscellaneous Parts and Supplies Home Depot 64669 36.66 Miscellaneous Parts and Supplies Horizon Technology 64321 766.47 Laboratory Services&Supplies Hub Auto Supply 64322 555.27 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hub Auto Supply 64670 437.79 Autos,Trucks&Marine Equipment,Parts,Accessories&Services HYDRAULIC CONTROLS 64496 162.60 Repair&Maintenance Services and/or Supplies IDEXX Distribution, Inc. 64497 4,995.52 Laboratory Services&Supplies Industrial Electric Machinery LLC 64324 253.80 Repair&Maintenance Services and/or Supplies Infrastructure Engineering Corp. 64325 370.00 Professional Services Innovative Net Systems 64498 1,150.00 Laboratory Services&Supplies Innovyze,Inc. 64499 13,350.00 Software Maintenance Agreement Insight Public Sector,Inc. 64500 11,512.27 Computers,Software/Hardware Insight Public Sector,Inc. 64671 5,648.78 Computers,Software/Hardware International Institute of Municipal Cie 64326 245.00 Professional Organizations Meeling/TraininglMembership Interstate Batteries of Cal Coast 64327 338.90 Repair&Maintenance Services and/or Supplies Intl.Union of Oper.Eng.AFL CIO Local 64328 4,569.19 Dues Deductions Intratek Computer,Inc. 64501 248.48 Network/Server/Printer Maintenance Services Irvine Ranch Water District 64329 11.12 Water Use Irvine Ranch Water District 64502 70.36 Water Use ISA 64503 110.00 Professional Organizations Meeting/TraininglMembership J R Filanc Construction 64592 225,023.56 Construction JACOBS PROJECT MANAGEMENT CO. 64261 95,018.81 Professional Services/remporary Services JACOBS PROJECT MANAGEMENT CO. 64584 101,592.23 Professional Services/remporary Services James D.Ruth 64419 700.00 Professional ServiceslConsultant James Litho 64331 187.42 Awards and Framing Services Jamison Engineering Contractors,Inc. 64428 181,876.05 Professional Services/Construction Support Services Jamison Engineering Contractors,Inc. 64672 7,297.00 Professional Services/Construction Support Services Jays Catering 64332 674.78 Catering Services Jays Catering 64505 60124 Catering Services JG Tucker And Son,Inc. 64330 3,805.74 Safety,Security,Health Equipment,Supplies,and Services JG Tucker And Son,Inc. 64504 4,054.21 Safety,Security,Health Equipment,Supplies,and Services JOHNSON CONTROLS-REMIT 64506 651-97 Repair&Maintenance Services and/or Supplies Johnson Mallhey Inc 64673 3,334.09 Repair&Maintenance Services and/or Supplies Johnstone Supply 64507 756.00 Repair&Maintenance Services and/or Supplies JP Morgan Chase Bank, NA 64429 87,219.02 Purchasing Card Program for Miscellaneous Parts and Supplies Kaman Industrial Technologies 64508 8,004.01 Repair&Maintenance Services and/or Supplies Keenan&Associates-Remit 64334 3,316.66 Professional Servlces/WorkeYs Compensation Program Kelly Paper 64335 156.90 Office Supplies Kemira Water Solutions 1699 23,161.44 Chemicals,WaterM/astewater Treatment Kemira Water Solutions 1707 46,539.77 Chemicals,WaterM/astewater Treatment EXHIBIT B enr2lWr Page 5 of 11 51s2014 Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Kemira Water Solutions 1718 40,723.74 Chemicals,WaterMastewater Treatment KIMCO STAFFING SERVICES 64336 1,282.50 Professional Servicestremporary Services KIMCO STAFFING SERVICES 64509 623.70 Professional Servicestremporary Services K-LOG,INC. 64510 1,546.25 Minor EquipmentlFurniture&Fixtures Koff&Associates,Inc. 64337 3,260.00 Professional ServiceslComp&Class Study KURZ INSTRUMENTS INC 64675 5,041.20 Payee# 93147 LA Testing 64676 34.00 Safety,Security,Health Equipment,Supplies,and Services Lee&Ro,Inc. 64677 4,919.37 Professional ServiceslEngineering Design Services Letner Roofing Co. 64430 91,132.00 Repair&Maintenance-Roof Repair and/or Replacement Lewis Brisbois Bisgaard&Smith 64678 496.80 Professional Services-Legal Lems-Nexis 64338 84.00 Books&Publications On-Line Liberty Mutual Claims 64339 4,728.36 Insurance LIBERTY PIPELINE SERVICES,LLC 64340 23,250.00 Professional Services-DOT Program Training Linda Losurdo 64761 108.80 Meetmg/rraining Expense Reimbursement Louis W.Poll 64764 148.00 Meei ngrrraining Expense Reimbursement Lucci's Gourmet Foods, Inc. 64341 86.13 Catering Services Lucci's Gourmet Foods, Inc. 64511 272.94 Catering Services Malcolm Pirnie Inc. 64256 43,553.26 Construction Malcolm Pirnie Inc. 64604 3,094.00 Construction Marcom Communications System 64512 165.55 Telecommunications Marlin A.Dix 64760 330.98 Meelmg/rraining Expense Reimbursement Matheson Tri Gas,Inc. 64342 986.72 Laboratory Services&Supplies Maureen Kane&Associates 64680 1,500.00 Professional Organizations Meeting/TraininglMembership Maxim Security Systems 64513 5,900.00 Safety,Security,Health Equipment,Supplies,and Services Maxim Security Systems 64681 85.00 Safety,Security,Health Equipment,Supplies,and Services Mayer Hoffman McCann,PC 64514 165.00 Professional Services-Financial Auditing MOCrometer,Inc. 64343 3,239.03 Instrument Parts&Supplies McMaster-Cart Supply Co. 64344 1,681.45 Repair&Maintenance Services and/or Supplies McMaster-Cart Supply Co. 64515 1,070.93 Repair&Maintenance Services and/or Supplies McMaster-Cart Supply Co. W82 135.92 Repair&Maintenance Services and/or Supplies McNeill International Inc. 64345 1,090.91 Electrical/Electronic Equipment,Parts&Repairs McNeill International Inc. 64516 3,387.03 Electrical/Electronic Equipment,Parts&Repairs Mesa International Technologies, Inc. 64517 491.40 Repair&Maintenance Services and/or Supplies Michael D.White 64770 475.16 Meelmg/rraining Expense Reimbursement Mine Safety Appliance 1727 2,533.16 Electrical/Electronic Equipment,Parts&Repairs Mission Abrasive&Janitorial Supplies 64518 1,438.17 Janitorial&Household Services&Supplies Moore Medical Inc. 1728 432.24 Medical Supplies Morrow Meadows Corp. 64593 103,183.20 Construction Motion Industries,Inc. 64519 1,014.52 Electrical/Electronic Equipment,Parts&Repairs MOTION SAVERS, INC. 64520 5,688.50 Small Tools MTM Recognition Corporation 64346 209A0 Service Awards MTM Recognition Corporation 64683 191.97 Service Awards MWH Americas,Inc. 64521 17,226A1 Professional Services/Engineering Design Services Myron L.Company 64522 689.87 Repair&Maintenance Services and/or Supplies NACE International 64347 1,080.00 Professional Organizations Meetingrrraining/Membership NAGDCA 64348 600.00 Professional Organizations MeetingrrralninglMembershlp Natural Seminars Group 64349 149.00 Training Registration Neal Supply Co. 64350 1,681.23 Repair&Maintenance Services and/or Supplies Neal Supply Co. 64523 2,136.12 Repair&Maintenance Services and/or Supplies Neopost USA Inc. 64351 61 Equipment Lease/Postage Meter NEW ENGLAND CONTROLS, INC. 64684 1,27500 Payee# 648878 New Pig 64685 1,847.93 Repair&Maintenance Services and/or Supplies Newark Electronics 64524 1,333.03 Electrical/Electronic Equipment,Paris&Repels Newark Electronics 64686 161 Electrical/Electronic Equipment,Paris&Repels EXHIBIT 6 fii Page 6 of 11 51srz014 Return to Acenda Report Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Nickey Petroleum Co.,Inc. 64352 1,589.65 Fuel and Lubricants Northern Tool&Equipment 64455 417.22 Electrical parts&Supplies NRG Engine Services,L.L.C. 64525 95.09 Repair&Maintenance Services and/or Supplies OCB Reprographics 64273 11,870.58 Printing/Reprographics Services OCB Reprographics 64603 2,684.08 PrintingtReprographics Services OCEA 64353 653.25 Dues Deductible OCEA 64688 653.25 Dues Deductible Office Depot 64354 1,311.09 Office Supplies Office Depot 64526 354.12 Office Supplies Office Depot 64689 1,282.75 Office Supplies Office Team 64355 1,798.40 Professional Services/remporary Services Office Team 64527 982.46 Professional Services/remporary Services Office Team 64690 939.20 Professional Services/remporary Services Oi Corporation 64356 85.51 Laboratory Services&Supplies Olin Corporation 64357 6,954.06 Chemicals,WaterMastewater Treatment Olin Corporation 64528 4,547.17 Chemicals,WaterMastewater Treatment OneSource Distributors, Inc. 64358 168.02 Electrical/Electronic Equipment,Parts&Repairs OneSource Distributors, Inc. 64529 2,740.06 Electrical/Electronic Equipment,Parts&Repairs OneSource Distributors,Inc. 64691 3,a49.62 Electrical/Electronic Equipment,Parts&Repairs Oracle America Inc. 64359 21,713.40 Software Maintenance Agreement Oracle America Inc. 64530 290.39 Software Maintenance Agreement Orange County Auto Parts 64692 33.85 Truck Supplies Orange County Sheriff 64360 1,427.81 Judgments Payable Orange County Sheriff 64694 1,365.13 Judgments Payable Orange County United Way 64361 40.00 Employee Contributions Orange County United Way 64695 40.00 Employee Contributions PAC 64531 933.05 Laboratory Services&Supplies Pacific Investment Management 64585 186,834.99 Professional Financial Services Pacific Mechanical Supply 1700 290.44 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 1713 77.46 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 1729 842.31 Repair&Maintenance Services and/or Supplies Parker Supply Company 1730 2,742.79 Miscellaneous Parts and Supplies Parkhouse Tire, Inc. W96 386.99 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Patdot Video Productions 64362 369.05 Miscellaneous Services PBS&J 64257 141,039.24 Professional ServiceslEngineering Design Services PCS Express, Inc. 64363 157.88 Courier Services PCS Express, Inc. W97 157.88 Courier Services Peace Officers Council of CA 64364 2,012.50 Dues Deductions,Supervisors&Professionals Peace Officers Council of CA 64698 2,081.50 Dues Deductions,Supervisors&Professionals Peak Scientific Inc 64365 1,577.82 Laboratory Services&Supplies Pencco, Inc. 64366 16,170.70 Chemicals Pence., Inc. 64532 10,807.04 Chemicals Pence., Inc. 64699 16,518.03 Chemicals Performance Pipeline Technologies 64431 86,839.39 Professional ServlCesICCTV Inspection/Sewerline Cleaning Performance Pipeline Technologies 64700 15,956.92 Professional ServicesICCTV Inspection/Sewerline Cleaning PL Hawn Company, Inc. 64367 3,114.72 Repair&Maintenance Services and/or Supplies PL Hawn Company, Inc. 64533 314.57 Repair&Maintenance Services and/or Supplies PL Hawn Company, Inc. 64701 352.90 Repair&Maintenance Services and/or Supplies Planet Associates 64534 20,000.00 Computer Applications&Services Planetbids,Inc. 64702 4,201.00 Computer Applications&Services Polydyne,Inc. 1691 35,025.57 Chemicals,WaterWastewater Treatment Polydyne,Inc. 1708 36,943.86 Chemicals,WaterWastewater Treatment Polydyne,Inc. 1719 26,277A5 Chemicals,WaterWastewater Treatment Person Industries, Inc. 64368 2,232.00 Laboratory Services&Supplies EXHIBIT B 4n121Mr Page 7 of 11 515/2014 Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Port Supply 64703 218.53 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Power Bros.Machine,Inc. 64535 3,903.69 Repair&Maintenance Services and/or Supplies Power Bros.Machine,Inc. 64704 2,031.20 Repair&Maintenance Services and/or Supplies PR Electronics,Inc. 64536 264.33 Electrical/Electronic Equipment,Parts&Repairs Praaair Distribution, Inc. 64369 451.66 Laboratory Services&Supplies Praxair Distribution, Inc. 64537 638.68 Laboratory Services&Supplies Praxair Distribution, Inc. 64705 311.40 Laboratory Services&Supplies Prawn Products 64370 1,506.60 Repair&Maintenance Services and/or Supplies Primary Source Office Furnishings,Inc. 64538 911.52 Minor EquipmenNFurniture&Fixtures Primrose Ice Co.,Inc. 64371 131.25 Water&Ice Services Primrose Ice Co.,Inc. 64706 131.25 Water&Ice Services Procare Work Injury Center 64539 985.00 Medical Services Professional Services/Core Ocean Monitor 64679 14,150.00 Marine Taxonomic Services,Ltd. Project Management Institute 64372 164.00 Professional Organizations Meeting/Training/Membership Project Management Institute 64540 164.00 Professional Organizations Meeting/Training/Membership Projects Partners 64373 2,150.00 Professional Servicestremporary Employment Services Projects Partners 64541 7,252.62 Professional Services/Temporary Employment Services Propipe Professional Pipe Services 1705 7,421.29 Professional ServiceslCCTV Sewerline Inspections Propipe Professional Pipe Services 1720 27,782.87 Professional ServiceslCCTV Sewerline Inspections Prudential Cleanroom Services 64374 182.74 Uniforms Prudential Cleanroom Services 64542 368.98 Uniforms Prudential Insurance Company of America 64262 48,444.61 Benefits Prudential Overall Supply 1701 1,473.64 Uniforms Prudential Overall Supply 1731 3,131.06 Uniforms Psomas 64375 4,429.22 Professional Services-Geographic Information System Quayle Consulting Inc. 64432 60,630.00 Computer Applications&Services QUILL CORP. 64543 77.70 Laboratory Services&Supplies Rabobank,Escrow Aoot#272295573 64438 47,875.20 Construction RANDSTAD TECHNOLOGIES,L.P. 64377 4,400.00 Software RANDSTAD TECHNOLOGIES,L.P. 64544 3,600.00 Software RANDSTAD TECHNOLOGIES,L.P. 64708 4,400.00 Software Raul Cuellar 64759 517.46 Meeting/Training Expense Reimbursement Red Wing Shoes 64378 954.96 Safety,Security,Health Equipment,Supplies,and Services Red Wing Shoes 64709 695.52 Safety,Security,Health Equipment,Supplies,and Services ReportsNow,Inc. 64710 5,630.40 Computers,Software/Hardware Reatek Corp. 1702 4,983.37 Laboratory Services&Supplies Reatek Corp. 1714 970.55 Laboratory Services&Supplies Reatek Corp. 1732 1,712.95 Laboratory Services&Supplies RMC Water and Environment 64586 53,481 B5 Professional Services Roberto's Auto Trim Shop 64711 323.60 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Rockwell Engineering&Equipment Co. 64379 12Z09 Repair&Maintenance Services and/or Supplies RPM Electric Motors 64380 2,637.08 Repair&Maintenance Services and/or Supplies S&J Supply Co Inc 64545 3,718.66 Repair&Maintenance Services and/or Supplies S.S.Mechnical Corporation 64417 2,168.85 Construction Safety-Kleen 64712 1,338.00 Repair&Maintenance Services and/or Supplies SALSBURY INDUSTRIES 64546 12,362.50 Minor Equipment/Furniture&Fixtures San Diego/Orange Fluid System Technologl 64547 1,539.61 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologi 64713 5,573.01 Repair&Maintenance Services and/or Supplies Sancon Engineering,Inc. 64433 42,985.00 Repair&Maintenance Services and/or Supplies SC Fuels 64714 4,694.11 Fuel and Lubricants Scaffolding Unlimited 64381 2,995.00 Scaffolding Rental SCAP 64382 1,075.00 Professional Organizations Meeting/Tralninglivembershlp Dues Schwing America,Inc. 64548 1,869.59 Mechanical Parts&Supplies SCP Science 64383 576.00 Laboratory Services&Supplies EXHIBIT B fin0 Mr Page 8 of 11 vsr2014 Return to Acenda Report Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description Sea Bird Electronics,Inc. 64715 356.50 Electrical/Electronic Equipment,Parts&Repairs SECURED RETAIL NETWORKS 64549 800.00 Software Secumas Security Services USA,Inc. 64587 31,250.21 Safety,Security,Health Equipment,Supplies,and Services Sequoia Consultants,Inc. 64384 3,602.00 Professional ServiceslEngineenng Design Services Sequoia Consultants,Inc. 64550 18,422.00 Professional ServiceslEngineenng Design Services SETAC 64385 140.00 Professional Organizations Meeting/TraininglMembership SETAC 64716 160.00 Professional Organizations Meeting/TraininglMembership SGE, Inc. 64551 278.50 Laboratory Services&Supplies SGE, Inc. 64717 790.56 Laboratory Services&Supplies SGS Testoom,Inc. 64552 3.10 Computer Hardware and Services Shamrock Supply Co.,Inc. 64386 4,694.56 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 64553 839.61 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 64718 1,693.94 Repair&Maintenance Services and/or Supplies Sharesquared,Inc. 64588 28,702.85 Computer Applications&Services Shawn R.May 64762 246.00 MeetingTrraining Expense Reimbursement SHOETERIA 64719 476.25 Payee# 648456 Shureluck Sales&Engineering 64387 211.55 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 64554 113.40 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 64720 2,777.65 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 1698 1,523.84 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 64478 5,179.68 Repair&Maintenance Services and/or Supplies Sierra Instruments,Inc. 64388 637.19 Repair&Maintenance Services and/or Supplies SIERRA TRANSPORT INC. 64721 7,823.74 Professional Service-Biosolids Management Sigma-Aldrich,Inc. 64555 1,436.40 Laboratory Services&Supplies Skalar,Inc. 64389 103.95 Laboratory Services&Supplies So.Cal Gas Company 64263 36,280.60 Utilities So.Cal Gas Company 64556 984.43 Utilities South Coast Air Quality Management Dist. 64723 118.94 Governmental Agency Fees&Charges South Coast Shipyard,Inc. 64724 9,594.06 Autos,Trucks&Manne Equipment,Parts,Accessories&Services Southern Califoria Sefac 64392 240.00 Professional Organization Southern California Edison 64391 1,697.86 Utilities Southern California Edison 64434 121,537.26 Utilities Southern Counties Lubricants 64393 4,308.65 Fuel and Lubricants Southern Counties Lubricants 64557 2,275.42 Fuel and Lubricants SPEX Certiprep, Inc. 64725 263.84 Laboratory Services&Supplies SSPC The Society for Protective Coating 64726 95.00 Professional Organizations Meeting/TraininglMembership St.Croix Sensory, Inc. W58 4,652.05 Olfactometry Testing Services St.Croix Sensory, Inc. 64727 1,227.60 Olfactometry Testing Services Stantec Consulting Services,Inc. 64394 4,026.00 Professional Services/Surveying Star-Odd/ 64395 9,245.00 Repair&Maintenance Services and/or Supplies State Water Resources Control Board 64396 170.00 Governmental Agency Fees&Charges State Water Resources Control Board 64421 170.00 Governmental Agency Fees&Charges Summit Steel 1733 2,587.68 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 64397 308A5 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 64559 228.96 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 64728 475.20 Repair&Maintenance Services and/or Supplies Super Chem Corporation 64729 457.92 Repair&Maintenance Services and/or Supplies Synagro West, Inc. 64264 706,370.81 Biosolids Management TDI 64730 3,359.38 Professional Servicesllnfonnation Technology Tektronix Inc 64731 195.00 Instrument Repairs&Calibration Services TestAmenca Ontario 1715 210.00 Laboratory Services&Supplies TestArnwica Ontario 1734 681.00 Laboratory Services&Supplies Tetra Tech, Inc. 64732 864A9 Professional Services/Engineering Design ServlcesS Thatcher Company Of California 64435 35,177.72 Chemicals,WaterANastewater Treatment EXHIBIT B anntatr Page 9 of 11 51 n014 Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description The Automotive Training Group, Inc. 64560 796.00 Professional Organizations Meeting/Training/Membership The Bank of New York Mellon 64733 1,726.06 Quarterly Service Fee-Asset Administration The Clock Sales and Service Co.,Inc. 64734 145.90 Repair&Maintenance Services and/or Supplies The Orange County Register 64693 3,302.00 Notices&Ads The Standard Insurance Company 64561 6,659.11 Disability Insurance Theodore Robins Ford 64562 123.61 Autos,Trucks&Marne Equipment,Parts,Accessories&Services Thompson Industrial Supply,Inc. 1703 3,874.48 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 1716 8,910.23 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 1735 1,291.07 Repair&Maintenance Services and/or Supplies Tiano Construction 64563 1,038.00 Facilities,Maintenance,Services&Supplies Time Warner Communications 64735 61.72 Telecommunications Tony's Lock&Safe Service&Sales 64564 45.36 Repair&Maintenance Services and/or Supplies Tony's Lock&Safe Service&Sales 64736 16.74 Repair&Maintenance Services and/or Supplies Toshiba Business Solutions USA Inc. 64565 4,336.32 Computers,Software/Hardware&Managed Services Toshiba Business Solutions USA Inc. 64737 271.80 Computers,Software/Hardware&Managed Services Total Resource Management,Inc. 64589 118,878.94 Professional Servicesllmplementation of IBM Maxim Townsend Public Affairs 64738 7,500.00 Professional Services-State Legislative Advocacy TOXGUARD FLUID TECHNOLOGIES 64739 1,669.64 Professional Services-Legal Tran Consulting Engineers 64398 17,954.00 Professional ServiceslEngineenng Design Services Trans U.S.Inc 64566 17,882.46 Repair&Maintenance Services and/or Supplies Transcat 1736 698.33 Repair&Maintenance Services and/or Supplies Trained,Incorporated 1737 1,236.25 Repair&Maintenance Services and/or Supplies Truck&Auto Supply,Inc. 64740 34.45 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Tule Ranch/Magan Farms 64399 844.99 Biosolids Management Tule Ranch/Magan Farms 64436 297,779.83 Biosolids Management UC Regents 64400 2,925.00 Training Registration Ultra Scientific 64568 1,903.00 Laboratory Services&Supplies Underground Service Alerl of So.CaIH 64401 1,621.50 Professional Services-Dig Alert Notification Service Union Bank of California 64741 1,660.00 Annual Administrative Fee for Series 2007A Certificates of Participation United Parcel Service 64402 121.92 Freight Services United Parcel Service 64569 479.73 Freight Services United Parcel Service 64742 443.08 Freight Services United States Postal Service 64567 5,000.00 Postage Univar USA Inc 1717 2,232.95 Chemicals,WaterMastewater Treatment US Peroxide,L.L.C. 64403 19,499.83 Chemicals,WaterMastewater Treatment US Peroxide,L.L.C. 64570 14,015.72 Chemicals,WaterMastewater Treatment US Peroxide,L.L.C. 64743 24,978.08 Chemicals,WaterMastewater Treatment UTILITY TRAINING ACADEMY 64404 3,000.00 Meeting/Training Registration Valye Automation&Controls 64571 2,258.36 Repair&Maintenance Services and/or Supplies Vapex Products,Inc. 64744 4,524.02 Electrical/Electronic Equipment,Parts&Repairs Vaughans Industrial Repair Cc Inc 64745 5,340.48 Repair&Maintenance Services and/or Supplies Verbal Ink 64746 722.50 Human Resources Services Verizon California 64747 645.05 Telecommunications Verizon Wireless 64405 47A1 Telecommunications Verizon Wireless 64748 1,260.28 Telecommunications Verne's Plumbing 64572 1,433.40 Plumbing Services&Supplies Veme's Plumbing 64749 14,261.26 Plumbing Services&Supplies Vedech Industrial Systems,Lie 64750 6,815.15 Professional Services/Construction Consulting Services Veterinary Pet Insurance Company 64573 858.59 Employee Voluntary Benefits Village Nurseries 64406 55800 Repair&Maintenance Services and/or Supplies Village Nurseries 64751 161 Repair&Maintenance Services and/or Supplies Vision Internet Providers, Inc 64407 350.00 Professional Services/Web Design Services VW R Scientific Products 64408 4,140.83 Laboratory Services&Supplies VW R Scientific Products 64574 4,081.24 Laboratory Services&Supplies EXHIBIT B ramp/o- Page 10 of 11 51srz014 Return to Aaenda Report Claims Paid From 4/16114 to 4130114 Vendor Warrant No. Amount Description MR Scientific Products 64752 331.92 Laboratory Services&Supplies W M_Lyles Co. 64594 771,776.20 Construction Water Environment Federation 64409 529.00 Professional Organizations Meeting/TraininglMembership Water Environment Federation 64410 640.00 Meeting Registration Water Environment Federation 64753 1,344.00 Professional Organizations Meeting/TraininglMembership Waters Corporation 64411 4,786.77 Laboratory Services&Supplies Waxie Sanitary Supply 64575 75.17 Janitor&Household Service&Supplies Waxie Sanitary Supply 64754 963.09 Janitor&Household Service&Supplies Wayne Perry Inc 64576 1,900.00 Laboratory Services&Supplies Well Welding Alloys 64755 1,022.79 Repair&Maintenance Services and/or Supplies West Lite Supply Company,Inc. 64577 785.81 Electrical/Electronic Equipment,Parts&Repairs Western Analytical Laboratories,Inc. 64412 3,005.00 Outside Laboratory Services Western States Controls 64578 2,497.65 Electrical/Electronic Equipment,Parts&Repairs Winzer Corporation 64413 128.83 Repair&Maintenance Services and/or Supplies Winzer Corporation 64756 941.61 Repair&Maintenance Services and/or Supplies Woodruff Spiradlin&Smart 64590 49,122.05 Professional Services-Legal WoddatWork 64414 245.00 Professional Organizations Meeting/Training/Membership Xerox Corporation 1704 396.82 Computers,Software/Hardware&Managed Services Xerox Corporation 1738 11,225.62 Computers,Software/Hardware&Managed Services Yale/Chase Materials Handling, Inc. 64415 126.86 Electrical/Electronic Equipment,&Electnc Cart Parts&Repairs Yale/Chase Materials Handling, Inc. 64579 4,467.37 Electrical/Electronic Equipment,&Electnc Cart Parts&Repairs Yale/Chase Materials Handling, Inc. 64757 9,235.29 Electrical/Electronic Equipment,&Electnc Cart Parts&Repairs Yorke Engineering,L.L.C. 64758 235.75 Professional Services-Engineering Total Accounts Payable-Warrants $ 6,850,288.53 Payroll Disbursements Employee Paychecks 52994 - 53043 $ 80,823.62 Biweekly Payroll(4/16/14) Employee Paychecks 53044 - 53080 82,228.29 Biweekly Payroll(4/30/14) Employee Paychecks 53110 - 53113 3,321.07 Interim Payroll-OCERS Reimb.(4128/14) Employee Paychecks 53114 1,907.56 Interim Payroll-Resignation leave payout(4/29114) Direct Deposit Statements 352964 -353546 1,400,389.40 Biweekly Payroll(4/16/14) Direct Deposit Statements 353547 -354119 1,456,285.66 Biweekly Payroll(4/30/14) Total Payroll Disbursements $ 3,024,955,60 '53081-53109=used in a future period Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 783,692.55 Biweekly Payroll(4116/14) OCSD Payroll Taxes&Contributions 796,928.47 Biweekly Payroll(4130/14) W.M Lyles 909,628.80 Construction P1-101/PP15(4/24114) W.M Lyles 409,435.75 Construction P1-112&P2-101/PP3(4/24/14) Total Wire Transfer Payments $ 2,899,685.57 Total Claims Paid 4l16114-W30114 $ 12,774,929.70 EXHIBIT B fli Page 11 of 11 Vs 014 ITEM NO. 3 Orange County Sanitation District MINUTES BOARD MEETING April 23, 2014 1 SANITgTj�y Q ? ¢ e� o � Fcl�N HE ENv���� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 0 412 312 01 4 Minutes of Board Meeting Page 1 of 10 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on April 23, 2014, at 6:30 p.m., in the Administration Building. Director Mike Levitt 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 Troy Edgar, Chair Richard Murphy X Tom Beamish, Vice Chair Rose Espinoza X David Benavides Sal Tinajero X Joe Carchio Dave Sullivan X Steven Choi Christina Shea X Keith Curry Rush Hill X Tyler Diep AI Krippner X James M. Ferryman Bob Ooten X Gene Hernandez John Anderson X Steven Jones Kris Beard X Peter Kim Gerard Goedhart X Lucille Kring Jordan Brandman X Michael Levitt Gordon Shanks X Brett Murdock Roy Moore Steve Nagel X Michael Vo X Prakash Narain Doug Bailey Scott Nelson X Constance Underhill X Janet Nguyen Shawn Nelson X John Nielsen Allan Bernstein X Brad Reese Greg Mills X Gregory Sebourn Jan Flory X David Shawver Carol Warren X Fred Smith Steve Berry Teresa Smith X Mark Murphy X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Herberg, General Manager, Bob Ghirelli, Assistant General Manager; Rob Thompson, Director of Engineering, Nick Arhontes, Director of Facilities Support Services; Lorenzo Tyner, Director of Finance & Administrative Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board; Norbert Gaia; and Kelly Lore. OTHERS PRESENT: Brad Hogin, General Counsel; from SAWPA: Celeste Cantu, and Rich Haller; from OCWD: Cathy Green and Mike Markus; from OCHCA: Richard Sanchez and Larry Honeyboume; from OCPW: Shane Silsby; and Sarah Rose George, Student. 04/23/2014 Minutes of Board Meeting Page 2 of 10 SPECIAL PRESENTATIONS: • Celeste Cantu and Rich Haller, from SAWPA, presented OCSD with a Certificate of Commendation in acknowledgement of the District's 601"Anniversary. Director Benavides arrived at the meeting at 6:37 p.m. • Chair Troy Edgar and General Manager Jim Herberg presented Certificates of Commendation to the following agencies and their respective representatives as appreciation for their agency's collaborative work with the District over the last 60 years: o Santa Ana Watershed Project Authority, Celeste Cantu and Rich Haller o Orange County Water District, Mike Markus and Cathy Green o OC Public Works, Shane Silsby o County of Orange Health Care Agency, Richard Sanchez and Larry Honeyboume Director Carchio arrived at the meeting at 6:39 p.m. Director Diep arrived at the meeting at 6:43 p.m. • Chair Edgar presented student, Sarah Rose George with the OC Science and Engineering Fair Award for Jr. Level OCSD Environmental Stewardship. PUBLIC COMMENTS: None. REPORTS: Chair Edgar announced the May 21" State of the District event, and said a reminder would be sent out in the next few days. He also reminded the Committee about the required discrimination and harassment training, and that two dates would be offered for the Board to participate in this training; a yellow form was provided for the Directors in their meeting folders so that they may select a training session. Chair Edgar took a moment to display the US Water Prize the District had recently been awarded. Jim Herberg, General Manager, reported that OCSD's What 2 Flush campaign had received an Excellence in Communications award from CAPIO for marketing/communications campaign. He also announced that Chair Edgar was recently awarded the ACC-OC Liaison Awards for actively promoting the value and benefit of collaborative policymaking. 04/23/2014 Minutes of Board Meeting Page 3 of 10 Mr. Herberg reported on the following from his General Manager's Monthly Status Update: upcoming earthquake inspections presentation at the next committee meetings; the District receiving the Water Prize, Safety award, Headworks award, and GFAO award; update on the disinfection program; recent hiring of four new managers (two engineering managers, a Risk Manager, and a Maintenance Manager); update on community outreach events for the month of April; labor negotiations brief update as no closed session would be necessary; and an update on the biosolids hydrogen fuel project. RATIFICATION OF PAYMENT OF CLAIMS: 1. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 03/15/14 03/31/14 Totals $ 9,292,561.10 $ 12,804,778.93 AYES: Beamish; Benavides; Carchio; Choi; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Narain; Reese; F. Smith; and Underhill (Alternate). NOES: None Curry; Diep; M. Murphy (Alternate); Nielsen; Sebourn; ABSTENTIONS: Shawver; Vo (Alternate) ABSENT: Nguyen; and Withers* *Director Withers stepped out of the meeting at the time of the roll call vote on Agenda Item 1. CONSENT CALENDAR: 2. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular Board Meeting held on March 26, 2014. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Narain; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None M. Murphy (Alternate); Underhill (Alternate); and Vo ABSTENTIONS: (Alternate) ABSENT: Nguyen O4 W2014 Minutes of Board Meeting Page 4 of 10 3. MOVED, SECONDED, AND DULY CARRIED: A. Approve Plans and Specifications for CenGen Emissions Control, Project No. J-111; and B. Approve Addendum Nos. 1, 2, 3, 4, 5, and 6 to the plans and specifications; and C. Receive and file bid tabulation and recommendation; and D. Award a construction contract to Shimmick Construction Company, Inc. for CenGen Emissions Control, Project No. J-111, for a total amount not to exceed $14,895,000; and E. Approve a contingency of$1,117,125 (7.5%). AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nielsen; Reese; Sebourn; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: Nguyen 4. MOVED, SECONDED, AND DULY CARRIED: A. Authorize the General Manager to award a contract to the lowest responsive and responsible bidder, for the Replacement of Valves at Bay Bridge Valve Vault, Project No. FR10-018, for an amount not to exceed $235,600; and B. Approve a contingency of$47,120 (20%). AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nielsen; Reese; Sebourn; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: Nguyen O4 W2014 Minutes of Board Meeting Page 5 of 10 NON-CONSENT. PUBLIC HEARING: Mr. Hogin, General Counsel, gave a brief explanation of the change in compensation being proposed for the new ordinance. 5. A. At 7:00 p.m. Chair Edgar opened the public hearing for proposed Ordinance No. OCSD45, pertaining to the compensation of the members of the Board of Directors. B. No public comments were received. C. At 7:01 p.m. Chair Edgar closed the public hearing. B n49t An 19 ...n.i n.A:nnn.... N.. Oren nG by title only and waiven...tinn ni said enure Ord Parise n nn:i 73 2914j .,na n:.n,.tn... of n.nnnn nn..nt., San tatinn n:nt.:..t n...nn,tinn n.,tin..nAn NA Oren an Pertn n n to the Gempensat'n of the Mernt.n.n of the Board of Directors". Director Nguyen arrived at 7:11 p.m. After considerable discussion by the Board, the Board of Directors: MOVED, SECONDED, AND DULY CARRIED to TABLE Agenda Items 5D and 5E until time uncertain. AYES: Beamish; Benavides; Carchio; Choi; Diep; Edgar, Ferryman; Hernandez; Jones; Kring; Levitt; Murdock; Narain; Nguyen; Nielsen; Reese; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: Curry; Kim; M. Murphy (Alternate); and Sebourn. ABSTENTIONS: None ABSENT: None 04/23/2014 Minutes of Board Meeting Page 6 of 10 OPERATIONS COMMITTEE: 6. Approve minutes for the Committee Meeting held on April 2, 2014. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None 7. MOVED, SECONDED, AND DULY CARRIED: A. Approve a Professional Consultant Services Agreement with Black & Veatch Corporation to provide construction support services for CenGen Emissions Control, Project No. J-111, for an amount not to exceed $1,097,212; and B. Approve a contingency of$109,721 (10%). AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None 8. MOVED, SECONDED, AND DULY CARRIED: A. Approve a Professional Consultant Services Agreement with Brown & Caldwell to provide construction support services for Newport Force Main Rehabilitation, Project No. 5-60, for an amount not to exceed $2,231,925; and B. Approve a contingency of$178,554 (8%). 04/23/2014 Minutes of Board Meeting Page 7 of 10 AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None ADMINISTRATION COMMITTEE: 9. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Committee Meeting held on April 9, 2014. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None 10. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to issue new fixed rate Certificates of Participation (COP), to be referred to as Wastewater Refunding Revenue Obligations, in an amount sufficient to refund up to $267.3 million of COP Series 2007B. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None 04/23/2014 Minutes of Board Meeting Page 8 of 10 STEERING COMMITTEE: 11. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering Committee Meeting held on March 26, 2014. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 12. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of the April 16, 2014 meeting of the Legislative and Public Affairs Special Committee. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. NOES: None ABSTENTIONS: None ABSENT: None GWRS STEERING COMMITTEE: 13. MOVED, SECONDED, AND DULY CARRIED: Receive and file the Groundwater Replenishment System Steering Committee minutes of the January 13, 2014 meeting, and the amended minutes of the January 10, 2011; April 9, 2012; July 9; 2012; April 8, 2013 and July 8, 2013 meetings. AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar, Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; M. Murphy (Alternate); Narain; Nguyen; Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill (Alternate); Vo (Alternate) and Withers. 04/23/2014 Minutes of Board Meeting Page 9 of 10 NOES: None ABSTENTIONS: None ABSENT: None AB 1234 REPORTS: Chair Edgar gave a report on his recent trips with the General Manager to: • Washington DC. Accepted the U.S. Water Prize and held various congressional meetings. • Sacramento. Attended the AB 946 Hearing. Director Ferryman reported on his recent meetings as part of the following Boards: • SARFPA; OCCOG; and NWRI. CLOSED SESSION None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Edgar noted that staff projections indicate that lower than anticipated CIP expenditures will result in greater than forecasted reserve levels. He asked staff to review these projections and provide options to reduce OCSD's debt and/or unfunded liabilities with these reserves at a subsequent Board meeting. ADJOURNMENT: The Chair adjourned the meeting at 7:20 p.m., until the next Regular Board Meeting on May 28, 2014 at 6:30 p.m. Maria E. Ayala, Clerk of the Board 04/23/2014 Minutes of Board Meeting Page 10 of 10 BOARD OF DIRECTORS Meeting Dare I TOBA./f Dir. - os/zs/ia AGENDA REPORT em Number Item Numbe a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION, CONTRACT NO. P1-102A GENERAL MANAGER'S RECOMMENDATION A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to W.M. Lyles, Co. for Activated Sludge Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract No. P1-102A, for a total amount not to exceed $273,908; and C. Approve a contingency of$54,782 (20%). SUMMARY Modifications are needed in the new Activated Sludge Facility 2 (AS2) at Plant No. 1 as part Secondary Treatment Expansion Project at Plant No. 1, Project P1-102. These modifications are needed to resolve hydraulic capacity issues and involve expanding the openings within the AS2 Aeration Basin Effluent Splitter Box in this facility and installing isolation gates to be able to remove portions of the facility from service. The original designer, Black and Veatch, has prepared a design for modifications to the AS2 Aeration Basin Effluent Splitter Box. These modifications will allow normal operation of the aeration basin blowers and allow gravity conveyance of 120 MGD of peak flow through AS2. The design was completed by Black and Veatch without additional compensation by the Sanitation District. Black and Veatch has agreed to reimburse OCSD for the construction costs to meet the original performance criteria. The Sanitation District advertised for bids on April 18, 2014. Five sealed bids were received on May 12, 2014. The bids were evaluated in accordance with the Sanitation District policies and procedures. W.M. Lyles Co. was deemed the lowest responsive, responsible bidder. Staff recommends awarding a construction contract to W.M. Lyles Co. for Activated Sludge Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract No. P1-102A, for a total amount not to exceed $273,908. Page 1 of 3 Summary information on the bid opening for Activated Sludge Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract No. P1-102A, is as follows: Project Budget $255,471,000 Construction Contract Budget $ 500,000 Engineer's Estimate $ 470,000 Lowest Responsive, Responsible Bid $ 273,908 $ 609,000 Bidder Amount of Bid W.M. Lyles, Co. $ 273,908 Tharsos, Inc. $ 380,000 Environmental Construction, Inc. $ 386,160 Cora Constructors, Inc. $ 454,454 Jamison Engineering Contractors, Inc. $ 609,000 PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION The water surface elevations at AS2 are higher than the elevations predicted in the hydraulic models prepared during the design phase. The higher water surface elevations were discovered during the Performance Acceptance Test in December 2012. These higher water levels have resulted in aeration basin blower operational issues and have limited AS2 ability to pass the design peak hydraulic flow of 120 million gallons per day (MGD). The AS2 Aeration Basin Splitter Box modification involves the removal of a 7-foot wide by 4-foot high section of wall above each splitter trough opening to allow more flow to go through during peak flow events. Modifications will result in water surface elevations in the aeration basins that are comparable to the water surface elevation predicted in the design phase hydraulic model. The design consultant has agreed to pay for the construction cost of these changes with an up-front payment in the amount of the bid award sum, and a second payment at completion to cover any necessary change orders. CEQA A Notice of Exemption was filed and recorded with the County of Orange on March 14, 2014. Page 2 of 3 BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (Line item: FY2013-14 Update, Page A-9, Item 49). Project contingency funds will be used for this construction contract. Sanitation District will pursue cost recovery in the construction cost of this project. Date of ADDroval Contract Amount Contingency 05/28/14 $273,908 $54,782(20%) ATTACHMENT The following attachment(s) maybe viewed on-line at the OCSD webske (www.ocsd.com) with the complete agenda package: Construction Contract RT:EY:dm:gc Page 3 of 3 Return to Aaenda Report PART A CONTRACT AGREEMENT C-CA-021414 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION -2 MATERIALS AND LABOR.................................................................4 SECTION -3 PROJECT..........................................................................................5 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................6 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................7 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................8 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................8 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................10 SECTION - 13 COMPLETION.................................................................................10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................13 SECTION - 16 INSURANCE....................................................................................14 SECTION - 17 RISK AND INDEMNIFICATION.......................................................21 SECTION - 18 TERMINATION................................................................................22 SECTION - 19 WARRANTY....................................................................................22 SECTION -20 ASSIGNMENT.................................................................................23 SECTION -21 RESOLUTION OF DISPUTES ........................................................23 SECTION -22 SAFETY& HEALTH ........................................................................23 SECTION -23 NOTICES.........................................................................................24 C-CA-021414 Return to Aaenda Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION Part of PROJECT NO. P1-102 SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO. 7 THIS AGREEMENT is made and entered into, to be effective, this May 28, 2014, by and between W.M. Lyles Company, hereinafter referred to as"CONTRACTOR"and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 1 of 25 and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report (GBR), if attached as a Contract Document i. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR'S Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 2 of 25 Return to Aaenda Report a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 3 of 25 ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION-2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 4 of 25 Return to Aaenda Report SECTION-3 PROJECT The Project is described as: CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPLITTER BOX MODIFICATION Part of PROJECT NO. P1-102 SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO. 1 SECTION —4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPLITTER BOX MODIFICATION Part of PROJECT NO. P1-102 SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO. 1 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION—5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within 160 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 5 of 25 completion includes 3 calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. In addition, CONTRACTOR shall accomplish such milestones within the periods of performance set forth in Appendix A of the Special Provisions entitled "Work Completion Schedule." SECTION—6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION — 7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay"and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General C-CA-021414 CONTRACT NO. Pl-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 6 of 25 Return to Aaende Report Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. SECTION—8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. SECTION-9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 7 of 25 All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION—10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Two Hundred Seventy-Three Thousand Nine Hundred Eight Dollars ($273,908)as itemized on the Attached Exhibit"A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements"and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 8 of 25 Return to Aaenda Report the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work—General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 9 of 25 3. "Retention Amount"for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." SECTION—13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00)and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 10 of 25 Return to Aaende Report the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. 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. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 11 of 25 E. 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 (B)above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sea.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight(8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Record of Waaes: 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- C-CA-021414 CONTRACT NO. Pl-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 12 of 25 Return to Aaenda Report compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. SECTION— 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel—one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%)of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 13 of 25 SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD Premises/worksite without Possessing the required insurance coverage. C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 14 of 25 Return to Aaende Report CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties'), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general aggregate limit of Five Million Dollars ($5,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Five Million Dollars ($5,000,000) per occurrence and a general aggregate limit of Five Million Dollars ($5,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 15 of 25 d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Either(1)a combined single limit of Two Million Dollars ($2,000,000) and a general aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury and property damage; C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 16 of 25 Return to Aaende Report Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Worker's Compensation/Emolover's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 17 of 25 shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. 5. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 18 of 25 Return to Aaende Report Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10)days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s)will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 19 of 25 D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20)days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured"on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 20 of 25 Return to Aaenda Report all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25-S (7/97) 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION-17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 21 of 25 indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION-18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract Shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION—19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion' that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 22 of 25 Return to Aaende Report corrected deficiency until the later of(1)the remainder of the original one-year warranty period; or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. SECTION-20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION—21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION—22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safely and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 23 of 25 SECTION-23 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin &Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: W.M. Lyles Company 1250 West Olive Avenue Fresno, CA 93728 Copy to: Robert P. Saleen, Vice President W.M. Lyles Company 1250 West Olive Avenue Fresno, CA 93728 C-CA-021414 CONTRACT NO. Pi-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 24 of 25 Return to Aaende Report IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: W.M. Lyles Company 1250 West Olive Avenue Fresno, CA 93723 By Printed Name Its CONTRACTOR's State License No. 422390 (Expiration Date—5/31/2014) OCSD: Orange County Sanitation District By Chair, Board of Directors By Maria Ayala Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Division Manager C-CA-021414 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 25 of 25 EXHIBIT A SCHEDULE OF PRICES C-EXA-071012 Return to Aaenda Report TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION ..............................................................................1 EXA-2 PROGRESS PAYMENTS....................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS .........................................................1 EXA-4 STOP PAYMENT NOTICE ..................................................................................3 EXA-5 PAYMENT TO SUBCONTRACTORS..................................................................3 EXA-6 PAYMENT OF TAXES.........................................................................................3 EXA-7 FINAL PAYMENT ................................................................................................4 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.....5 ATTACHMENT 1 CERTIFICATION FOR REQUEST FOR PAYMENT........................7 ATTACHMENT 2 SCHEDULE OF PRICES ...........................................................8 C-EXA-071012 EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement—Section 11 —"Contract Price and Method of Payment;" 2. General Conditions—"Payment—General"; 3. General Conditions—"Payment—Applications for Payment"; 4. General Conditions—"Payment— Mobilization Payment Requirements;" 5. General Conditions—"Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions—"Contract Price Adjustments and Payments"; 7. General Conditions—"Suspension of Payments"; 8. General Conditions—"OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. C-EXA-071012 CONTRACT NO.P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 1 of 8 Return to Aaenda Report B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20)calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-071012 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%)of the amount claimed under any stop payment notice under Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a slop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-5 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. C-EXA-071012 CONTRACT NO.P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 3 of 8 Return to Aaenda Report EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions—"Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor(per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or fled in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR'S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon C-EXA-071012 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 4 of 8 acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been fled with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty (30) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%)of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract(per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30)days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; C-EXA-071012 CONTRACT NO.P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 5 of 8 Return to Aaentle Report 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-071012 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 6 of 8 ATTACHMENTI CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Ads to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Ads to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date C-EXA-071012 CONTRACT NO.P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 7 of 8 Return to Mende Report ATTACHMENT SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (W.M. Lyles Co.): BF-14 Schedule of Prices, Pages 1-2 C-EXA-071012 CONTRACT NO. P1-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION CONFORMED Page 8 of 8 Bid Subrnitted By: W.M. Lyles Co. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices,it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids,and that the actual value of Work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change Orders,pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be Initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which,in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity;and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work. including Profit.overhead,etc., unless otherwise specified in the Contract Documents. All applicable sales taxes.slate and/or federal.and any other special taxes.patent rights or royalties shall be included in the Prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID"LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor,materials,equipment and services for the construction of the Project per the Contract Documents. SF-14 SCHEDULE OF PRICES C-BF-031014 CONTRACT NO.Pl-102A ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION Page 1 of 2 Return to Aaenda Report e Bid submitted By: W.Ivf. Lyles Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS(Refer to Note 1 in the Instructions): Item Description Unitof Approx Unit Price Extended Price No. Measurement city 1. Mobilization: Mobilization in conformance with the Contract Documents for the lump sum Lump Sum 1 = $ 25r000 . 00 price of... (Not in excess of 10 percent of the Total Contract Price) 2. All Other Portions of the Work except for the Work of Items No. 1 and 3: Fumish all labor,equipment and materials necessary to complete all other Lump Sum 1 = $ 1-33, qD8 portions of the Work,except for the Work specified in Items No. 1 and 3, in conformance with the Contract Documents for a lump sum price of... 3. Demobilization: Demobilization shall include but not be limited to the acceptance of Work by OCSD,completion of all items on final punch list,final cleanup and Lump Sum 1 = $ 15, ODD . 00 processing of final progress payment requests, in conformance with the Contract Documents for a lump sum price of... (Not less than 5 percent of the Total Contract Price) TOTAL AMOUNT OF BID (BASIS OF AWARD) s 273 t qVS. 00 BF-14 SCHEDULE OF PRICES C-BF-031014. CONTRACT NO.P1-102A .- ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION ' Page 2of2 MOH BOARD OF DIRECTORS Neetlng Dare I TOBA./f Dir. - os/zs/i4 AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: AUTHORIZING APPLICATION TO BUREAU OF RECLAMATION FOR THE WATERSMART TITLE XVI WATER RECLAMATION AND REUSE FEASIBILITY STUDIES GRANT PROGRAM GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 14-05, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District approving and authorizing the application for the Watersmart Title XVI Water Grand Funds and the Execution of Grant Documents with the United Stated Department of the Interior, Bureau of Reclamation', authorizing financial and legal commitment of funding agreement and related documents for funding under the U.S. Bureau of Reclamation, Water 2025, and directing staff to apply for a grant up to $450,000 for the Effluent Reuse Study, Project No. SP-173. SUMMARY Staff has identified a grant through the U.S. Bureau of Reclamation, known as WaterSMART Title XVI Water Reclamation & Reuse Program that may be used for Orange County Sanitation District (OCSD) Project SP-173 (Effluent Reuse Study). The purpose of the grant is to fund projects that focus on identifying and investigating opportunities to reclaim and reuse wastewater and naturally impaired ground and surface water in the 17 Western States and Hawaii. Project SP-173 will evaluate the opportunities available to OCSD for recycling all of its effluent and has a budget of $2,800,000. The Board of Directors approved a new five- year Strategic Plan in November 2013 that identified future water recycling as a strategic goal. California's current drought has made evaluating water recycling opportunities crucial for the sustainability of the state's water resources. The attached resolution (required by the U.S. Bureau of Reclamation) authorizes staff to move forward with the application and formalizes our understanding of the grant requirements. The requirements of this grant are not significantly different from other grants received by OCSD, so the cost impact would be minimal. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 of 2 ADDITIONAL INFORMATION N/A CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENT The following attachment is attached in hard copy and may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: Draft Resolution No. OCSD 14-05 JDH:RT:KM:sa Page 2 of 2 Return to Mende Report RESOLUTION NO. OCSD 14-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING AND AUTHORIZING THE APPLICATION FOR THE WATERSMART TITLE XVI WATER RECLAMATION AND REUSE FEASIBILITY STUDIES PROGRAM GRANT FUNDS AND THE EXECUTION OF GRANT DOCUMENTS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION. WHEREAS, The Board of Directors approved a five year Strategic Plan in November 2013 establishing future water recycling as a strategic goal; and WHEREAS, in furtherance of the Strategic Plan, the District is conducting an Effluent Reuse Study (SP-173) to assess the feasibility of water recycling at Plant 2 and to evaluate options to improve the region's local water supply reliability by substituting recycled water for existing potable water demands; and WHEREAS, the U.S. Department of the Interior, Bureau of Reclamation, has announced grant funding through a program entitled "WaterSMART: Title XVI — Water Reclamation & Reuse Program" ("Grant") established under Title XVI of Public Law No. 102-575 to assist in identifying and investigating opportunities to reclaim and reuse wastewater and promote the availability of new sources of clean water while promoting water and energy efficiency and environmental stewardship; and WHEREAS, this resolution certifies the Board of Directors' approval of the District's application for grant funding for the Grant. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: The Board of Directors hereby approves the District's application for a Grant in the amount of $450,000 to the United States Department of the Interior, Bureau of Reclamation, for Fiscal Year 2013-2014 to support SP-173, support water reclamation and reuse, and promote water efficiency, sustainable water management, and environmental stewardship. Section 2: The Board of Directors authorizes the General Manager or his designee to submit an application for the Grant and to negotiate and execute any documents related to this Grant, including a grant application and cooperative agreement, to accept financial assistance from the U.S. Department of the Interior, Bureau of Reclamation. Section 3. If the application for the Grant is approved, the District has the capability to provide matching grant funds and/or in-kind contributions specified in the grant requirements. OCSD14-05-01 Return to Mende Report Section 4. The District will work with the U.S. Department of the Interior, Bureau of Reclamation, to meet established deadlines for entering into a cooperative agreement. PASSED AND ADOPTED at a regular meeting held May 28, 2014. Troy Edgar Chairman of the Board ATTEST: Maria E. Ayala Clerk of the Board OCSD14-05-02 ITEM NO. 6 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Facilities Support Services Orange County Sanitation District A regular meeting of the Operations Committee of the Orange County Sanitation District was held on May 7, 2014, at 5:05 p.m. at the District's Administrative Office. Vice Chair Murdock led the Flag Salute. A quorum was declared present, as follows: Operations Directors Present: Staff Present: John Nielsen, Chair Jim Herberg, General Manager Brett Murdock, Vice-Chair Bob Ghirelli, Assistant General Manager Keith Curry Rob Thompson, Director of Engineering Steve Jones Nick Arhontes, Director of Facilities Support Lucille Kring Services Michael Levitt Ed Torres, Director of Operations & Maintenance Steve Nagel Lorenzo Tyner, Director of Finance & Greg Sebourn Administrative Services David Shawver Jeff Reed, Director of Human Resources Fred Smith Kelly Lore, Secretary Pro Tern Constance Underhill (Alternate) Jennifer Cabral Troy Edgar, Board Chair Jim Colston Tom Beamish, Board Vice-Chair Mark Esquer Dean Fisher Norbert Gala Operations Directors Absent: At Garcia Kathy Millea Mike Puccio Others Present: Brad Hogin, General Counsel Bob Ooten (Alternate Director) PUBLIC COMMENTS: No public comments. REPORT OF COMMITTEE CHAIR: Committee Chair, John Nielsen did not provide a report. 05/07/2014 Opeations Committee Minutes Page 1 of 7 REPORT OF GENERAL MANAGER General Manager, Jim Herberg reminded the Committee of the State of the District Breakfast celebrating the District's 60th anniversary being held on May 21, 2014 from 8:30 a.m. — 10:30 a.m. at Mile Square Park. CONSENT CALENDAR: 1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of April 2, 2014, Operations Committee meeting. AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 3. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Terminate the agreement of May 1, 2007, between OCSD and SCCWRP, which provided use of OCSD laboratory facilities; and B. Direct the General Manager of OCSD to notify the Executive Director of SCCWRP of the decision to terminate this agreement effective three months from the date of the notice. AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 05/07/14 Operations CommRtee Minutes Page 2 of 7 4. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Approve Change Order No. 2 to Purchase Order 104627-OB to Olin Chlor Alkali Products, for the Purchase of sodium hypochlorite, Specification No. C-2012-536 authorizing a unit price increase of $0.05 per gallon for a new total unit price of$0.489/gallon delivered, plus applicable sales tax, for the period beginning September 1, 2014 through August 31, 2015, and for all subsequent contract renewal periods; and B. Approve a 10% annual unit price contingency. AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 5. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer, Specification No. C-2013-59113D, for a unit price of $2.425 per active pound delivered for Solution Polymer (WE-192) plus applicable sales tax, and $2.225 per active pound delivered for Mannich Polymer (C-331) plus applicable sales tax, and $2.929 per active pound delivered for Emulsion Polymer (WE-1233) plus applicable sales tax, and $2.643 per active pound delivered for Emulsion Polymer (WE-1328) plus applicable sales tax, for a total estimated amount of $1,650,100 for the period July 1, 2014 through June 30, 2015, with four one-year renewal options; and B. Approve a 10% annual unit price contingency. AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 0507 14 Opeations Committee Minutes Page 3 of 7 6. MOVED, SECONDED, and DULY CARRIED: Approve sole sourcing with MH3 Corporation to qualify and quantify certain odorants to complete the Odor Control Master Plan's characterization work, for a total amount not to exceed $99,500. AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 2. ITEM PULLED AND HEARD SEPARATELY Director Shawver requested additional information regarding this item. Director of Engineering, Rob Thompson gave a brief presentation and answered questions from the Committee regarding the benefits of this service. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Operation of the Center for Demographic Research, for the period July 1, 2014 through June 30, 2017, for a total amount not to exceed $239,344. AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 05/07/14 Operations CommRtee Minutes Page 4 of 7 NON-CONSENT: Rob Thompson, Director of Engineering, gave a brief presentation of the item. 7. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: A. Approve Amendment No. 6 to the Professional Design Services Agreement with TetraTech, Inc., providing for additional engineering services for Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, for an additional amount of$416,000 increasing the total amount not to exceed $1,475,479; and B. Approve a contingency increase for an additional amount of$73,774 (5%). AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel, Nielsen, Seboum, Shawver, F. Smith and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None INFORMATION ITEMS: 8. Warehousing of Critical Programmable Logic Controllers Director of Operations & Maintenance, Ed Torres provided a short presentation regarding this item. He stated that these critical devices are used throughout the facilities to control and monitor treatment systems, pumps, valves etc. The manufacturer announced an end of life date for the units and therefore OCSD must purchase and warehouse 20 controllers until an alternative can be found. 9. Post March 28, 2014 Earthquake Activities: Director of Finance and Administrative Services, Lorenzo Tyner reported on the District's Incident Command System (ICS); the principles and goals of the Integrated Emergency Response Plan (IERP) and earthquake response activities, including collection and operations inspections. He further went over the steps for inspection and stated that staff is finalizing a post-earthquake response checklist. 05/07/14 Operations CommRtee Minutes Page 5 of 7 10. Reserves, Investments and Financial Management Policies Mr. Tyner presented an informational PowerPoint Presentation regarding: four major categories of revenues; user fees; debt issuances; operating contingency fees; seven major criteria for reserves and funds management. He stated that two RFP's would soon be released to select an Investment Advisor and an Investment Manager. Once selected, the Investment Advisor will assist the District in the selection of the Investment Manager. He clarified that the Advisor and the Manager could not be the same firm. 11. Quarterly Odor Complaint Report Ed Torres gave a brief update on the odor complaints during the third quarter of FY 2013/14, reporting that Plant No. 1 had no complaints and Plant No. 2 had only six complaints. Mr. Torres answered questions from the Committee on the cost of odor control. He was referred back to Item 6, to which Mr. Torres reported that the item refers to a contract to qualify and quantify certain specific odorants, not the cost to control the odor itself. DEPARTMENT HEAD REPORT: Director of Engineering, Rob Thompson reported that Dean Fisher has been transferred laterally from the Project Management Office to Engineering Construction. He also introduced Kathy Millea and Mike Puccio who have been promoted to Engineering Managers. He also reported that sewage was introduced into the SARI line; testing remains to be completed. He notified the Committee that an item would be presented at the next Board meeting regarding modifications that are needed in the new Activated Sludge Facility 2 (AS2) at Plant No. 1 as part Secondary Treatment Expansion Project at Plant No. 1, Project P1- 102. Mr. Tyner reported on four recent violations received from OSHA in regards to two incidents and stated that OCSD is appealing the citations. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Edgar commended Dean Fisher and congratulated and the new Engineering Managers. Director Shawver thanked OCSD for the public outreach efforts at the City of Stanton's recent event. 05/07/14 Opeations Committee Minutes Page 6 of 7 ADJOURNMENT At 5:53 p.m., Committee Chair Nielsen declared the meeting adjourned to the next scheduled meeting of Wednesday, June 4, 2014 at 5:00 p.m. Submitted by, Kelly A. Lore, Secretary Pro Tem 05/07/14 Operations CommRtee Minutes Page 7 of 7 BOARD OF DIRECTORS NeedngDole TOBe.orDir. 05/07/14 OS/28/14 AGENDA REPORT Item Number Item Numbe z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: 2014-17 SPONSORSHIP OF THE CENTER FOR DEMOGRAPHIC RESEARCH GENERAL MANAGER'S RECOMMENDATION Approve a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Operation of the Center for Demographic Research, for the period July 1, 2014 through June 30, 2017, for a total amount not to exceed $239,344. SUMMARY The Center for Demographic Research (CDR), located at California State University Fullerton, develops demographic and related information for Orange County. Since 1996, CDR has been supported by sponsoring agencies, including the Orange County Sanitation District (Sanitation District). The Sanitation District uses CDR information to develop flow projections, to project revenues from connection fees, and to assess capacity needs for sewer conveyance and treatment facilities. This Memorandum of Understanding covers the three-year period required to update the CDR population projection model used by the Sanitation District to update flow projections and estimated revenues from connection fees. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION The Center for Demographic Research produces core demographic products such as the "Orange County Progress Report," "Orange County Projections" and census, and employment data by traffic analysis zone (TAZ). Recognizing the importance of local area expertise in developing demographic projections and associated products, a number of agencies sponsor CDR: the County of Orange, the Orange County Transportation Authority, the Orange County Local Agency Formation Commission, the Southern California Association of Governments (SCAG), the Orange County Council of Governments, the Sanitation District, the Transportation Corridor Agencies, the Municipal Water District of Orange County, and the Orange County Water District. Page 1 of 2 Respective fees shall be as follows for the following fiscal year: 2014-2015 2015-2016 2016-2017 TOTALS Orange County Transportation $ 79,922 $ 79,481 $ 79,941 $ 239,344 Authority County of Orange 79,922 79,481 79,941 239,344 Orange County Council of 79,922 79,481 79,941 239,344 Governments Orange County Sanitation District 79,922 79,481 79,941 239,344 Transportation Corridor Agencies 79,922 79,481 79,941 239,344 Southern California Association of 79,922 79,481 79,941 239,344 Governments Municipal Water District of Orange 39,961 39,740 39,971 119,672 Orange County Water District 39,961 39,740 39,971 119,672 Orange County Local Agency 15,000 15,000 15,000 45,000 Formation Commission TOTALS $574,454 $571,366 $574,588 $1,720,408 The 2014 to 2017 Memorandum of Understanding established the Sanitation District sponsorship fees at $79,922 for 2014-15, $79,481 for 2015-16, and $79,941 for 2016-17. CEQA This is not a project. CEQA is not applicable. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted within the Operational Budget of Division 740 under memberships. (Line item: Section 6, Page 56). Date of ADDroval Contract Amount Continaencv 05/28/14 $239,344 N/A ATTACHMENT: The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: Memorandum of Understanding RT:KH:sa:gc Page 2 of 2 Return to A enda Re on MOU2014-17 20140218 final.do" CSUF OGC: AGREEMENT NO. MEMORANDUM OF UNDERSTANDING by and between ORANGE COUNTY INTERESTS and CALIFORNIA STATE UNIVERSITY, FULLERTON AUXILIARY SERVICES CORPORATION for the CONTINUED OPERATION OF THE CENTER FOR DEMOGRAPHIC RESEARCH AT CALIFORNIA STATE UNIVERSITY,FULLERTON This Memorandum of Understanding ("MOU") is entered into between the County of Orange, Transportation Corridor Agencies, Orange County Sanitation District, Orange County Transportation Authority, Municipal Water District of Orange County, Orange County Water District, Orange County Council of Governments, and Southern California Association of Governments ("SPONSORS"); the Orange County Local Agency Formation Commission ("CONTRIBUTING PARTNERS") and the CSU Fullerton Auxiliary Services Corporation, ("ASC"), which is a 501 (c)3 California corporation organized under California law as an auxiliary organization of California State University, Fullerton ("CSUF"). This MOU is for the development of demographic data and related support products. Obligations and rights specified for CSUF in the MOU shall be exercised by the ASC. WHEREAS, the development of demographic and related information for Orange County is a vital data source used for a wide range of local, subregional and regional applications, including, transportation infrastructure planning, facilities planning and timing, development of fee programs,bond revenue stream analysis, general planning and other applications; and WHEREAS, a number of primary users of data in Orange County have recognized the benefit of having a local area expertise in developing demographic projections and associated products; and WHEREAS, these SPONSORS, CONTRIBUTING PARTNERS, and California State University, Fullerton agree on the importance of having a single entity in Orange County developing demographic products and providing such products to data users; and WHEREAS, these agencies also desire to establish a long-term process which allows each individual agency participation in the development and review of demographic products; and WHEREAS, the Center for Demographic Research located at CSUF provides an opportunity to place demographic activities in a setting that accomplishes SPONSORS' and CONTRIBUTING PARTNERS' objectives and provides augmented educational opportunities for CSUF; and WHEREAS,CSUF will be listed as a"SPONSOR"based upon their financial contribution as outlined in the budget in Attachment 1 and in-kind contributions for the balance of the remaining Sponsor seat; and MOU2014-17 20140218 final.docx WHEREAS, the SPONSORS and CSUF have worked cooperatively in supporting and organizing the Center for Demographic Research for eighteen years and wish to continue their cooperation; and WHEREAS, the CONTRIBUTING PARTNERS wish to participate in supporting the Center for Demographic Research beginning in Fiscal Year 2014/2015; and NOW, THEREFORE, IT IS RESOLVED that the SPONSORS, CONTRIBUTING PARTNERS,and the ASC agree as follows: I. The SPONSORS and CONTRIBUTING PARTNERS will fund the Center for Demographic Research for the next three years, subject to an annual review and two one-year options by the SPONSORS and CONTRIBUTING PARTNERS, for an annual total fee as set forth in Item IV below and Attachment 1. U. Process and Structure A. Orange County Projections The Orange County Council of Governments (OCCOG) will be responsible for the approval of the Orange County Projections at the Regional Statistical Area level and subsequent to that action the County of Orange will approve the Orange County Projections. The OCCOG will work with CDR staff to integrate the Orange County Projections as approved into the Southern California Association of Governments (SCAG) Regional Growth Forecast. Sponsors will make good faith efforts to use the Orange County Projections data in all future forecasting and planning efforts. B. Management Oversight The Management Oversight Committee shall meet at least four(4)times each year to (1) consider policy matters associated with the operations of the Center for Demographic Research, (2) review products status and activities which are part of the core Work Program, (3) review the Center for Demographic Research's financial status and status of annual MOU signatures, (4) set CDR budget and modify staff salaries funded by this MOU (5) consider requests from additional agencies wishing to become sponsors or contributing partners, (6) modify budget and work program upon addition or termination of a sponsor or contributing partner, (7) address other matters vital to the function of the Center for Demographic Research, and (8) undertake additional tasks as requested by the SPONSORS. The Management Oversight Committee will be comprised of staff representing the SPONSORS, CONTRIBUTING PARTNERS and CSUF. Each SPONSOR will have one voting member of equal standing on the Management Oversight Committee including one member jointly representing the Municipal Water 2 Return to Mende Report MOU2014-17_20140218_final.docx District of Orange County and the Orange County Water District; each CONTRIBUTING PARTNER will have one non-voting Ex-Officio member. The designees from each SPONSOR, CONTRIBUTING PARTNER, and the university shall be named by July 1 of each year. An organization may also designate an individual(s) to serve as an alternate member of the Management Oversight Committee. The committee chair and vice-chair will be elected for a three-year term. C. Technical Oversight: The Technical Advisory Committee provides technical guidance and input into the development of each product produced under this MOU before they are reviewed by the Management Oversight Committee. The Technical Advisory Committee advises the Director of the Center for Demographic Research, as well as reports to the Management Oversight Committee. The Committee will include one voting representative from each SPONSOR including a member representing the Municipal Water District of Orange County and the Orange County Water District; each CONTRIBUTING PARTNER will have one non-voting Ex-Offrcio member. University participation on the Technical Advisory Committee will include at least one voting member from CSUF, and one voting member each from the University of California, Irvine and Chapman University. The Director of the Center for Demographic Research will coordinate with research centers at these universities to ensure data consistency. The designees from each SPONSOR, CONTRIBUTING PARTNER, and agency shall be named by July 1 of each year. The committee chair and vice-chair will be elected for a three-year term. The Technical Advisory Committee shall schedule at least four (4) meetings each year. It will (1) provide a report to the Management Oversight Committee summarizing its meetings, (2) provide advice on the approach, techniques, data sources and methods used to develop new products, (3) facilitate the acquisition of data necessary to produce products, (4) provide suggestions on the interpretation and analysis incorporated into deliverables, (5) provide input on assumptions for the development of the growth projections, (6)provide review of deliverables prior to approval by the Management Oversight Committee and (7) undertake other tasks as identified by the Management Oversight Committee. D. Transportation Modeling Data The Orange County Transportation Authority (OCTA) will be responsible for the approval of all transportation modeling variables used in the Orange County Transportation Analysis Model (OCTAM) at the Traffic Analysis Zone level. The transportation modeling variables shall be consistent with the Orange County Projections, as approved by the Orange County Council of Governments and the County of Orange at the Regional Statistical Area Level. The OCTA and Southern California Association of Governments (SCAG) will exercise user agreements for their consultants to access the transportation modeling variables. 3 MOU2014-17 20140218 final.docx III. Duration and Terminations This agreement will become effective upon execution and ends on June 30, 2017. A review of the performance of the Center for Demographic Research in meeting its obligations under this MOU will be conducted by the Management Oversight Committee throughout the term July 2014 through June 2017. This MOU may be extended and/or amended by mutual agreement of all signatories. A party may terminate its participation under this MOU by giving each of the other parties sixty (60) days written notice thereof Upon said notice of termination, the SPONSOR or CONTRIBUTING PARTNER terminating its participation shall pay the balance of fees owed by the SPONSOR or CONTRIBUTING PARTNER for that given fiscal year. Each fiscal year, the SPONSORS and CONTRIBUTING PARTNERS shall review and approve in writing the MOU, work program, and funding arrangement. Such written approval shall constitute a SPONSOR'S or CONTRIBUTING PARTNER'S agreement to participate in this Agreement. In the event that ASC wishes to terminate its participation, it shall reimburse the SPONSORS and CONTRIBUTING PARTNERS any advance payments, less an amount to cover expenses related to work in progress and less costs reasonably necessary to effect such termination. If a party wishes to withdraw from the agreement, said notice shall be affected by delivery of such notice in person or by depositing said notice in the United States mail, registered or certified mail, return receipt required,postage prepaid. IV. Funding and Schedule Respective fees shall be as follows for the following fiscal year: Payment Schedule for 2014-2017 2014-2015 2015-2016 2016-2017 Three Year Total Orange County Transportation Authority $79,922.00 $79,481.00 $79,941.00 $239,344.00 County of Orange $79,922.00 $79,481.00 $79,94L00 $239,344.00 Orange County Council of Governments $79,922.00 $79,481.00 $79,941.00 $239,344.00 Orange County Sanitation District $79,922.00 $79,481.00 $79,941.00 $239,344.00 Transportation Corridor Agencies $79,922.00 $79,481.00 $79,941.00 $239,344.00 Southern California Association of Governments $79,922.00 $79,481.00 $79,941.00 $239,344.00 Municipal Water District of Orange County $39.961.00 $39,739.50 $39,971.50 $119,672.00 Orange County Water District $39.961.00 $39,739.50 $39971.50 $119,672.00 Orange County Local Agency Formation Commission $15,000.00 $15,000.00 $15,000.00 $45,000.00 TOTAL $574,454.00 $571,365.00 $574,589.00 $1,720,408.00 Payments shall be made in accordance with invoicing policies of the ASC according to the schedule below. SPONSORS and CONTRIBUTING PARTNERS will be invoiced at the beginning of each quarter. Quarterly payments equal to 25% of the annual fees shall follow invoices submitted according to the calendar below: 4 Return to Mende Report MOU2014-17 20140218 final.docx Fiscal Year 2014/2015: July 2014, October 2014,January 2015, April 2015 Fiscal Year 2015/2016: July 2015,October 2015,January 2016, April 2016 Fiscal Year 2016/2017: July 2016, October 2016,January 2017, April 2017 SPONSORS and CONTRIBUTING PARTNERS shall pay one-quarter of their annual fees upon receipt of said invoices or may prepay for an entire fiscal year. Prepayment does not imply a discounted rate. V. Administrative Representatives A. The Principal Investigator for the operations and management of the Center for Demographic Research and the conduct of this MOU is Deborah Diep, Director. The Assistant Director, Scott Martin, will serve as the Principal Investigator in the Director's absence. They are authorized to negotiate supplemental services with the SPONSORS, CONTRIBUTING PARTNERS, and Non-sponsors as noted in Section VII. Denise Bell is designated as the administrative representative for the ASC. Should the Principal Investigators become unavailable for any reason, no other Principal Investigator shall be chosen by CSUF or the ASC without the approval of the SPONSORS. Furthermore, the ASC agrees that the Management Oversight Committee shall make the recommendation on the selection of the Director or interim Director of the Center for Demographic Research and no Director or interim Director shall be appointed without approval of the Management Oversight Committee. The Management Oversight Committee will serve as the search committee if a search committee for the Director is required by the ASC. B. Equipment and furniture purchased by ASC under the terms of this MOU shall remain the property of the SPONSORS. In the event that the Center for Demographic Research is disbanded, the equipment remains the property of the SPONSORS and the Management Oversight Committee shall determine its disposition. C. Databases and applications developed and maintained for the Center for Demographic Research purposes shall remain under control of the SPONSORS. In the event that Center for Demographic Research is relocated from CSUF, all Center for Demographic Research functions and designations shall accompany the Center for Demographic Research. VI. Additional Sponsorships and Revenues Other agencies and entities can become sponsors or contributing partners of the Center for Demographic Research with unanimous agreement among the SPONSORS as determined by a vote of the Management Oversight Committee. Adjustments in sponsor fees found necessary resulting from the addition of sponsors shall be 5 MOU2014-17 20140218 final.docx determined by the Management Oversight Committee with consultation from the Center for Demographic Research Principal Investigators. The disposition of additional revenues generated through additional sponsors, and the sale of products and services to non-sponsors shall be determined by the Management Oversight Committee. The additional funds shall be prorated according to the respective sponsor fee. SPONSORS shall have the option of expending their share of the additional funds on CDR activities, products or equipment or having the funds returned to the SPONSORS at the end of the fiscal year. VII. Products and Deliverables A. The Center for Demographic Research will produce the identified core Demographic Products and Services as listed in Attachment 2 and described in Attachment 3. Each SPONSOR will receive ten (10) copies in printed form and one(1)copy of estimates and projections in electronic form. B. The SPONSORS and CONTRIBUTING PARTNERS have the right to request supplemental products and support services from the Center for Demographic Research through a purchase order. Projects above the amount of$25,000 shall be approved by the ASC. Such purchases may be entered into if the SPONSOR or CONTRIBUTING PARTNER agrees to pay ASC all additional costs resulting from the additional products or services, including an indirect cost of 25%, and if the activities do not interfere with the normal functioning of the CDR. If requests for additional products or services require interference with the normal functioning of the CDR as determined by the Management Oversight Committee or additional resources from the CDR's basic budget the proposal for such products and services will be forwarded to the Management Oversight Committee for their advice and consent prior to finalization of the agreement. In all cases, supplemental work for SPONSORS and CONTRIBUTING PARTNERS shall be assessed indirect costs of 25%. C. Non-sponsors can contract with the Center for Demographic Research through the ASC for its services or obtain supplemental products and support services from the Center for Demographic Research through a Non-sponsor purchase order. A list of these projects will be submitted to the MOC on a quarterly basis. If the Director assesses a proposed project contains a conflict of interest, conflict of time commitment, or interference with the normal functioning of CDR, the Management Oversight Committee will be informed of the request for services and will review it for any potential conflicts. The Director shall notify the Management Oversight Committee of any such proposed agreement and provide the committee with draft text and budget, before the intended start of work. The Management Oversight Committee shall review the proposed project for possible conflicts of interests, conflicts of time commitment, and budgetary adequacy. The Management Oversight Committee may at its discretion impose a surcharge of funds to be used at its discretion. Action on these matters may be taken only with 6 Return to Mende Report MOU2014-17 20140218 final.docx the concurrence of a majority of the members of the Management Oversight Committee and all such supplemental work for Non-sponsors shall be assessed normal indirect costs of 25%. D. Use of revenues generated by the sale of products produced by the Center for Demographic Research shall be determined by the Management Oversight Committee. A quarterly report on product sales will be presented to the Management Oversight Committee. E. Additional projects should not adversely affect the schedule of deliverables unless otherwise agreed to by the Management Oversight Committee. VIII. Sponsorship This Agreement shall be signed by all SPONSORS and CONTRIBUTING PARTNERS by June 30, 2014 with the exception of the Southern California Association of Governments. The Southern California Association of Governments shall sign this Agreement by September 30, 2014. If all SPONSORS and CONTRIBUTING PARTNERS listed in Section XVIII do not sign by September 30, 2014, the work program and budget will be modified to reflect the committed funding. If any SPONSOR or CONTRIBUTING PARTNER does not sign this Agreement, the funding amounts of the remaining SPONSORS and CONTRIBUTING PARTNERS will not change. The remaining SPONSORS and CONTRIBUTING PARTNERS are not required to make up the difference in the reduced budget. Any SPONSOR or CONTRIBUTING PARTNER listed as an ORANGE COUNTY INTEREST that does not sign this Agreement forfeits all rights, services, and privileges as a CDR SPONSOR or CONTRIBUTING PARTNER unless otherwise negotiated. A formal status report on execution will be delivered at each Management Oversight Committee meeting until all SPONSORS and CONTRIBUTING PARTNERS sign this Agreement. IX. Liability and Insurance Each party to this MOU hereby assumes any and all risks for personal injury and property damage attributable to the negligent acts or omissions of that parry and the officers, employees, and agents thereof. ASC warrants that it has adequate Worker's Compensation Insurance and liability insurance for its own employees. The ASC, the SPONSORS (the County of Orange, Transportation Corridor Agencies, Orange County Sanitation District, Orange County Transportation Authority,Municipal Water District of Orange County, Orange County Water District, Orange County Council of Governments, and Southern California Association of Governments), and the CONTRIBUTING PARTNERS (the Orange County Local Agency Formation Commission) agree to indemnify and hold each other, their respective officers, employees, students, agents, harmless from and against all liability, loss, expense (including reasonable attorney's fees), or claims for injury of damages arising out of the performance of this Agreement but only in proportion to and to the extent such 7 MOU2014-17 20140218 final.docx liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from negligent or intentional acts or omissions of the indemnifying party, its officers, employees, students or agents. X. Independent Contractor In the performance of all services and obligations under this agreement, SPONSORS, CONTRIBUTING PARTNERS, and ASC shall act as independent contractors. None shall be considered an employee or agent of the other. XI. Use of Names SPONSORS and CONTRIBUTING PARTNERS agree not to use the names of the ASC or CSUF in any commercial connection with work performed under this Agreement without prior written permission from the ASC. SPONSORS and CONTRIBUTING PARTNERS may use said names in ordinary internal business reports concerning this Agreement and may use the names of the Center for Demographic Research and the Principal Investigators in non-commercial publicity announcing the results of the project. ASC agrees not to use the names of SPONSORS and/or CONTRIBUTING PARTNERS in any commercial connection with this work without prior written permission from SPONSORS and/or CONTRIBUTING PARTNERS. ASC may use SPONSORS' and/or CONTRIBUTING PARTNERS' name in ordinary internal business reports concerning this agreement and in non-commercial publicity announcing the awarding of the contract. The provisions of this Section of the Agreement shall survive for two (2)years beyond any termination date specified in Section III or any extension thereof. XH. Force Majeure SPONSORS, CONTRIBUTING PARTNERS, and ASC shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, strikes, labor disputes, or any similar cause beyond the reasonable control of SPONSORS, CONTRIBUTING PARTNERS, or ASC, provided the affected party notifies the other party of the delay in writing within ten days of the onset of the delay. XHI. Assignment This Agreement shall inure to the benefit of and be binding upon and enforceable by the parties and their successors and permitted assigns. However, neither party may assign any of its rights or obligations under this Agreement without the prior written consent of the other. 8 Return to Aaenda Report MOU2014-17_20140218_final.docx XIV. Modification and Waiver None of the terms of the Agreement may be waived or modified except by an express agreement in writing signed by SPONSORS, CONTRIBUTING PARTNERS, and ASC. Modifications not documented in writing cannot be enforced. The failure or delay of either party in enforcing any of its rights under this Agreement shall not be deemed a continuing waiver or a modification by such party of such right. XV. Governing Law The validity and interpretation of this Agreement shall be governed by the laws of the State of California. XVI. Federal Statutes Relating to Nondiscrimination ASC will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S. C. sections 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S. C. section 794), which prohibits discrimination on the basis of handicaps; (d)Age discrimination Act of 1975, as amended (42 U.S.C. sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.O. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-d and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirement of any other federal nondiscrimination statue(s)which may apply to the application. XVII.Notices Notices under this agreement shall be considered to be given if delivered by first class mail to the following addresses: For SPONSORS: Carolyn McInerney County of Orange 10 Civic Center Plaza, 3rd Floor Santa Ana,CA 92701 9 MOU2014-17 20140218 final.docx Gwenn Norton-Perry Orange County Council of Governments 550 South Main Street P.O. Box 14184 Orange, CA 92613-1584 Jim Herberg Orange County Sanitation District 10844 Ellis Avenue P.O. Box 8127 Fountain Valley,CA 92738-8127 Kurt Brotcke Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92613-1584 Hasan Ikhram Southern California Association of Governments 818 West Seventh Street, 12'n Floor Los Angeles,CA 90017-3435 Valarie McFall Transportation Corridor Agencies 125 Pacifica, Suite 100 Irvine,CA 92618-3304 Robert Hunter Municipal Water District of Orange County 18700 Ward Street P.O Box 20895 Fountain Valley, CA 92728 Michael R. Markus Orange County Water District 18700 Ward Street P.O. Box 8300 Fountain Valley, CA 92728-8300 For CONTRIBUTING PARTNERS: Carolyn Emery Orange County Local Agency Formation Commission 12 Civic Center Plaza,Room 235 Santa Ana, CA 92701 10 Return to Mende Report MOU2014-17 20140218 final.docx For CSU FULLERTON AUXILIARY SERVICES CORPORATION Denise Bell, Director, Sponsored Programs CSUF Auxiliary Services Corporation 2600 Nutwood Ave., Suite 250 Fullerton, CA 92831 XVIII. Execution IN WITNESS THEREOF, the SPONSORS, CONTRIBUTING PARTNERS, and the ASC have executed this Agreement on the date first herein written. This Agreement is to be signed in counter parts. For the CSU Fullerton Auxiliary Services Corporation: Frank Mumford, Executive Director Date For the County of Orange: Michael B. Giancola, County Executive Officer Date For the Orange County Council of Governments: Gwenn Norton-Perry, Executive Director Date For the Orange County Sanitation District: Jim Heiberg, General Manager Date For the Orange County Transportation Authority: Darrell Johnson, Chief Executive Officer Date For the Southern California Association of Governments: Hasan Ikhrata, Executive Director Date 11 MOU2014-17 20140218 final.docx For the Foothill]Eastern Transportation Corridor Agency: Neil Peterson, Chief Executive Officer Date For the San Joaquin Hills Transportation Corridor Agency: Neil Peterson,Chief Executive Officer Date For the Municipal Water District of Orange County: Joan Finnegan, President of the Board Date Robert Hunter, General Manager Date For the Orange County Water District: Shawn Dewane,President Date Michael R. Markus, General Manager Date For the Orange County Local Agency Formation Commission: Joe Carchio, Chair Date r Return to Agenda Report MOU2014-17_20140218_final.docx :Utaclnnent 1:Center for Dente,rapmc Research Proposed Annual Budget; July 1,21114 through June 30,2017 2014-15 2015-16 2016-17 Director $98,717 S98,717 $98,717 Benefits $37,366 $38.114 $38,877 Assistant Director $78,780 S78,780 $78,780 Benefits S33,252 $33917 $34,595 GIS/Analyst S60,713 $60,713 $60,713 Benefits $29,523 S30,113 $30,716 Adnuntstrative Assistant S45,031 $45,031 $45,031 Benefits S26,286 S26,812 $27,349 Demcgmpluc Analyst $30,500 $30,500 $30,500 Benefits $4,575 54,575 $4,575 Research Assistants S9,620 $9,620 S9,620 Benefits $1,443 $1.443 $1,443 Supplies $7,000 $7,000 $7,000 Printing&Publications $8,900 $3,900 S3900 Meetings,Mileage,&Training $5D0 S500 $500 Equipment 5500 $500 $500 Espeures S472,706 S4746235 $472,814 25%Indirect Cest fl DC)/Overhead S118,177 $117,559 Id IM04 40%ofofbce space rent not paid through IDC $26,257 $26,257 $26,257 (office space rent is exempt from overhead) Grorr Total S617,140 5614,051 S617,275 University will contribute:40%of office space red $26,257 $26,257 $26,257 HSS Dean will contribute S 16,429 to Administrative Asst salary $16,429 $16,429 $16,429 Monetan Subtotal 512,686 $42696 S42,686 ♦1 I I MR ❑ 't I lulu. S574,454 S571,365 5571,SS9 Number ofseets, OCfA 1 $79,922.00 $79.481.00 $79,941.00 COUNTY 1 $79,922.00 $79,481.00 $79941.00 OCCOG 1 $79,922.00 $79,481.00 $79,941.00 OCSD 1 $79,922.00 $79.481.00 $79,941.00 TCA 1 $79,922.00 $79,481.00 $79,941.00 SCAG 1 $79,922.00 $79,481.00 $79,941.00 MWDOC 0.5 $39,961.00 $39,739.50 $39,971.50 OCWD 0.5 $39,961.00 $39,739.50 S39,971.50 CSUF 1 see above see above see above CONTRIBUTING PARTNER:LAFCO 15,000.00 $15,000.DD $15,000.00 TOTAL 8 S574,454.00 $571,365.D0 S574,58900 Cast per Sponsorship Seat=Net Budget/7 remaining seats $79,922.00 $79,481.00 $79,941.00 Notes Directors salary includes transportation expenses. IDC/Overhead covers direct and indirect support services ofCSUF ASC and 60'A ofspace card. University provides co-land support in addition to monetary contributions listed shove. 20/3/2014 Sponsor seat=$79,917 13 MOU2014-17 20140218 final.docx Attachment 2 Proposed CDR 2014-2017 Services and Products REPORTS Orange County Progress Report Produce an annual Orange County Progress Report. This document presents a unified and a comprehensive picture of Orange County and its 34 cities including its economic health,its demographic status and trends,and other information of interest to those who might wish to relocate to Orange County,do business in the County,or otherwise have an interest in the economic and demographic status and future of Orange County. A new two-page spread will be added displaying a map and table of city spheres of influence. Orange County Projections Complete OCP-2014 damset and adoption. Following the adoption of OCP-2014,produce a report containing assumptions,tables,charts,maps,and methodology. Preparation and development of OCP-2018 will begin during this three-year MOU. The OCP dataset contains population, housing,and employment projections by 2010 census tract,jurisdiction,Community Analysis Area,and Regional Statistical Area for a 25-year period. Orange County Facts and Figures Update quarterly the Orange County Facts and Figures.This document focuses on the most frequently asked questions about Orange County demographics and related information. PUBLIC INFORMATION SERVICES Provide Public Information on Orange County Demographics as Requested Provide information in response to numerous requests made by government agencies,elected officials,private companies,non-profit organizations,schools, students,and citizens regarding demographic and related information about Orange County. Maintain CDR Homepage Update the information currently on the CDR homepage on a regular basis and expand as information becomes available. Provide Information and Analysis to News Media Provide information,description,interviews,and analysis of demographics to news media to assist them in doing stories where demographics is the focus. Update RHNA Allocations Develop allocations of 2012 RHNA for annexations and incorporations.Provide data support to local jurisdictions and SCAG during development of 2016 RHNA if any Orange County jurisdiction is subject to a 2016 RHNA.Provide data support to local jurisdictions and SCAG during development of the 2020 RHNA.Monitor RHNA development process to ensure Orange County data is incorporated. 14 Return to Mende Report MOU2014-17 20140218 final.docx Process Decennial Census and American Community Survey Data Process Bureau of Census data as it pertains to development of the Orange County Projections and at the request of CDR Sponsors. DATA BASES Housing Inventory System The Housing Inventory System(HIS)is a data system that includes all changes to each jurisdiction's housing stock. Data is collected at the address level and converted into a GIS database by geocoding.After geocoding,quality analysis efforts include tying activity to parcels.Depending on the jurisdiction,different documents are used to record added units including certificates of use and occupancy,utility release log,or building final documents. Demolitions and conversions are recorded though other recordation. Changes to the mobile home inventory will be verified with HCD. This project will be expanded to include an annual review and sign off process by each jurisdiction of their geocoded data to ensure accuracy. Census Data by Partial TAZ Update the correspondence tables of 20l0 Census blocks to the TAZs after release of Census Bureau data and GIS shapefrles. As the various census files become available,transportation modeling variables and other key variables useful for projecting the modeling variables will be aggregated to TAZ. Calibrate Age Cohort Component,Shift-Share and Headship Rate Models Based on data from the Census Bureau, DOF, and EDD data, calibrate the models used to project county-wide population,housing and employment. Master Polygon File Update master polygon file based on the 2010 Census block file for use in development of OCP damset and annual population and housing unit estimates.Allocate Census block data to TAZ,CAA,RSA,MWDOC,OCSD,and OCWD. Working with information from OC LAFCO,the master polygon file will be updated annually to include changes to agency boundaries:jurisdiction,MWDOC, OCSD,and OCWD. Population and Housing Estimates by TAZ(OCP) Estimates of population and housing by unit type will be developed using the 2010 Census and American Community Survey data at the split TAZ. From 2014 onwards,housing unit changes will be geocoded and aggregated to the TAZ. Annual estimates of population and housing will be produced by TAZ for maintenance of the OCP base file. Annual Population and Housing Estimates by Partial Census Tract and Sponsor Agency Estimates of population and housing units developed using the 2010 Census for each of the special district sponsors will be updated annually.From 2014 onwards, annual estimates (January 1)of population and housing will be produced by partial census tract and for each of the special district sponsor agencies:MWDOC,OCSD,and OCWD. 15 MOU2014-17 20140218 final.docx Project Total County Population,Housing,and Employment Draft assumptions for OCP-2018 will be developed and reviewed by the CDR TAC. These will then be incorporated into the macro level models used to project population,housing,and employment. The resulting projections will be reviewed by the CDR TAC and MOC and then brought to the OCCOG TAC and Board for approval as the controls totals for OCP-2018. Projected Population,Housing and Employment by TAZ(OCP) Preparation and development of OCP-2018 will begin during this MOU cycle. Countywide population,housing,and employment for years 2020 through 2045 will be allocated to Traffic Analysis Zones split byjurisdictions. Following the allocation, extensive review and refinement will occur to assure the accuracy of the projections. Secondary Variables by TAZ(OCTAM) The basic projected population,housing,and employment from OCP-2014 will be expanded to the 14 OCTAM variables. These variables will include resident population,group quarters population, employed residents,median income,occupied single family dwelling units, occupied multiple family dwelling units,household size,retail employment,service employment,K-12 public school employment,all other employment,school enrollment, university enrollment,and area. Data for the projection years will be updated in the next MOU cycle. Preparation of the base year OCTAM data for OCP-2018 will begin in this MOU cycle. Consolidated Boundary and Annexation Program(CBAS) CDR staff will report annual iurisdictional boundary and feature changes through a new, voluntary program of the U.S. Census Bureau that allows for a consolidated annual review of jurisdiction boundaries.This review will be done using the official County Surveyor/OC LAFCO jurisdiction GIS boundary file. Orange County jurisdictions will be able to opt in or out of this CDR service annually. CDR will notify each participating jurisdiction and OC LAFCO of the outcome of the BAS review, i.e.whether there were any areas where jurisdiction boundaries needed to be corrected. COMMITTEES Participate in Sponsor Technical Advisory Committees as Requested Participate in appropriate Sponsor technical advisory committees including,OCCOG TAC, County's Demographic Steering Committee,OCTA's Modeling TAC, Orange County Sanitation District's Planning Advisory Committee,Water Use Efficiency Project Advisory Committee, and SCAG's Technical Working Group and Scenario Planning Model Working Group. Coordinate with SCAG and SCAG Committees This service revolves around the incorporation of OCP into the SCAG growth forecast. This service includes participation in SCAG expert panels and workshops to develop assumptions for their population and employment projections;monitoring the discussions relevant to the development of SCAG's growth forecast at SCAG policy committees and subregional coordinator meetings;and coordinating with relevant SCAG staff on this issue. 16 Return to Mende Report MOU2014-17 20140218 final.docx Coordinate with University Research Centers CDR staff will coordinate with UCI and Chapman University research centers to ensure consistency between the CDR's forecast and estimates and those produced by these institutes. 2014-2017 LAFCO FUNDED PROJECT: Sphere of Influence Estimates CDR will update its master polygon file on an annual basis with changes to the sphere of influence (SOI)boundaries.CDR will produce annual estimate of January 1 population and housing for each of the SOI polygons upon completion of the annual Housing Inventory System to maintain this information in preparation for the 2018-2022 OC LAFCO municipal service review cycle. NEW PROJECTS Boundary and Annexation Report Working with information provided by OC LAFCO,CDR staff will produce an annual report of the jurisdictional boundary changes.This multi-page report will contain a map of the year to year boundary changes and a table listing the area change and specific annexations and incorporations for each calendar year.Detailed annexation and vicinity maps from OC LAFCO's approved changes of organization documents will also be included in the report.For ease of reference and to make the information publically available,the report will be posted on OC LAFCO's website.Working with OC LAFCO over the three-year MOU cycle, CDR will attempt to build a historical reference collection of these reports going back to 2000 as information is available. 17 MOU2014-17 20140218 final.docx Attachment 3 F osed Draft NMk"rarn]Q014-erzon CC FacM and Flpurea CC Proprtas Report OC PMeOws 2014 OCP goU sewndaF variables Census Data o Tr Pop&Housing t TPZ Employment EyW Housing Want.,System Pop&Hwaing by PNlal CT Speaal pRnd Mnual Eatmales CaliMte Demo,&Ecm MMels Consolinated Boundary&Annexation PublOnfonnabm Maintain CDR Homepa,e into kr Me da F.aa Cenma Inb RHNAAIIocalions 40 Startup Mileskne'Ccmpletim IS OPERATIONS COMMITTEE Neetlng pate TO BA.Of DIl. os/o7/ia oS2s/ia AGENDA REPORT Item Number Item Number 3 a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: TERMINATION OF AGREEMENT FOR LABORATORY FACILITIES BETWEEN OCSD AND SCCWRP GENERAL MANAGER'S RECOMMENDATION A. Terminate the agreement of May 1, 2007, between OCSD and SCCWRP, which provided use of OCSD laboratory facilities; and B. Direct the General Manager of OCSD to notify the Executive Director of SCCWRP of the decision to terminate this agreement effective three months from the date of the notice. SUMMARY In July 2007 the OCSD Board of Directors entered into an agreement with the Southern California Coastal Water Research Project (SCCWRP) to provide OCSD laboratory facilities at no cost. At that time OCSD and SCCWRP were engaged in a number of significant research based studies that benefited both organizations. Also at that time SCCWRP did not have laboratory facilities of its own to carry out this work. Since 2007 SCCWRP has constructed a laboratory and no longer has need or desire to perform laboratory work at the OCSD laboratory. It is therefore recommended that the agreement approved by OCSD's Board of Directors on July 9, 2007, to provide OCSD access and facilities to SCCWRP staff be terminated. Section 14 of the Agreement provides that it may be severed or terminated by either party upon three months' notice. It is further recommended that the OCSD Board of Directors provide direction to OCSD's General Manager to provide the Executive Director of SCCWRP the three months' notice of termination. PRIOR COMMITTEE/BOARD ACTIONS July 2007 - Board of Directors approved agreement dated May 1, 2007, granting laboratory facilities and access to SCCWRP staff. ADDITIONAL INFORMATION SCCWRP staff vacated OCSD laboratory facilities over nine months ago and SCCWRP management has expressed that they have no interest in reoccupying these facilities in the foreseeable future. Page 1 of 2 CEQA N/A BUDGET / PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Agreement between the Orange County Sanitation District and the Southern California Coastal Water Research Project Page 2 of 2 Return to Mende Report Agreement Between the Orange County Sanitation District and Southern California Coastal Water Research Project Regarding SCCWRP Utilization of OCSD Microbiology Laboratory Facilities This agreement regarding utilization of Orange County Sanitation District("OCSD') laboratory facilities by the Southern California Coastal Water Research Project Authority ("SCCWRP'),effective as of May 1,2007,("Agreemenf)is entered into by OCSD and SCCWRP on the terms described below. OCSD and SCCWRP are referred to individually as a"Party"and collectively as "Parties". Recitals A. OCSD is a County Sanitation District pursuant to California Health&Safety Code§4700 or seq. B. SCCWRP is a joint powers agency focusing on marine environmental research. C. OCSD is a SCCWRP member agency. D. OCSD currently has a full service microbiology laboratory for routine work. In addition,OCSD often provides at its facilities some of the microbiology testing services for SCCWRP projects,since SCCWRP currently has a limited microbiology laboratory E. OCSD and SCCWRP desire to have SCCWRP conduct some or all of its microbiology testing using OCSD microbiology laboratory facilities, for the convenience of both OCSD and SCCWRP. OCSD will also benefit from direct participation in SCCWRP research projects, enabling OCSD to maintain a leading role within SCCWRP in the evaluation of ocean discharges on public health and the environment. These general microbiology tests and services include fecal indicator bacteria identification, identification of unknown bacteria using the Vitek systems,PCR research,and gene sequencing. Therefore,OCSD and SCCWRP agree as follows: 1. SCCWRP anticipates that a laboratory analyst and a laboratory supervisor, both employed by SCCWRP,will work at OCSD 90%and 50%of time, respectively. OCSD agrees to provide 2 office spaces in a cubicle arrangement that will include access to the OCSD information technology network and telephone network. OCSD will provide SCCWRP two of its computers to access the OCSD network onsite, and only OCSD computers will be permitted to be connected to the network. OCSD will assure that all network software is updated to meet OCSD standards. 531732.3 OCSD/SCCWRP Return to Mende Report Laboratory Agreement May 1,2007 2. OCSD and SCCWRP anticipate that 30 to 50linear feet of lab bench space will be adequate to support SCCWRP projects. This space will be distributed throughout the lab. 3. Other SCCWRP personnel will be present at various times depending on the nature of the work. Arrangements for space and resources will be worked out in advance with the OCSD laboratory management. 4. If a conflict arises in the workplace between SCCWRP and OCSD personnel, a management team from both agencies will meet to review the facts and to determine the best course of action. OCSD reserves the right to deny access to any SCCWRP employee at my time for any reason or no reason. 5. Some work may need to be performed at off-hours and on weekends. At such times, SCCWRP staff performing such work shall sign in and out at the Control Center and notify the Control Ceuta when staying past normal business hours. 6. OCSD will provide 2 permanent parking passes,4 building access cards and temporary passes as needed. 7. Laboratory supplies for SCCWRP projects will be purchased by SCCWRP and stored in a location provided by OCSD. Approximately 2-4 weeks of supplies can be stored at any one time,.and longer term storage must be arranged by SCCWRP. 8. OCSD will provide access to OCSD lab equipment to SCCWRP staff on the same basis as OCSD staff. Scheduling of equipment use will be discussed as required between staff from both agencies. SCCWRP owned equipment brought to OCSD will be available to OCSD lab personnel after consultation with SCCWRP regarding availability. 9. SCCWRP will meet with OCSD lab management at least quarterly to discuss the nature of upcoming projects so that proper coordination with OCSD activities is assured. 10. All SCCWRP personnel who will work in the OCSD lab facilities will be interviewed by the lab management to make sure there is compatibility between the two groups. Whenever possible,someone from the OCSD laboratory will be part of the hiring team for SCCWRP staff. 11. SCCWRP will assure that their staff members have received appropriate training related to diversity in the workplace,violence in the workplace, harassment in the workplace and safety in the laboratory. This training can be accomplished by a combination of reading OCSD personnel policies in these 5317823 OCSD/SCCWRP Return to Mende Report Laboratory Agreement May 1, 2007 areas as well as by SCCWRP sponsored courses. OCSD will provide a training session on general and laboratory plant safety. SCCWRP personnel will be invited to attend the quarterly laboratory safety committee meetings. 12. Insurance. a. General Provisions. SCCWRP shall purchase and maintain, for the duration of the Agreement,insurance against claims for injuries to persons,or damages to property which may arise from or in connection with the services which will be performed under this Agreement by SCCWRP,its agents,representatives,employees, and/or subcontractors,in amounts equal to the requirements set forth below. SCCWRP shall not commence or continue its services under this Agreement until all insurance required under this Section is obtained in a form acceptable to OCSD. SCCWRP shall maintain all of the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the SCCWRP's indemnification obligations. Notwithstanding nor diminishing the obligations of SCCWRP with respect to the foregoing, SCCWRP shall subscribe for and maintain in full force and effect during the life of this Agreement,the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with SCCWRP's risk at any time. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. b. Worker's Compensation. SCCWRP shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California,including employer's liability with a statutory minimum limit of One Million($1,000,000)Dollars per accident for bodily injury or disease. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation against OCSD. c. General Liability. SCCWRP shall maintain in full force and effect, throughout the term of this Agreement,standard industry form insurance coverage in an amount of not less than one million($1,000,000)dollars per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance,or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location,or the general aggregate limit shall be twice the required occurrence limit. 5317U.3 ' OCSD/SCCWRP Return to Mende Report Laboratory Agreement May 1,2007 d. Additional Insurance Requirements. (i) Certificates of Insurance. SCCWRP shall provide to OCSD a certificate of insurance in a form acceptable to OCSD 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. (ii)Notice of Cancellation/Termination of Insurance. The above policy/policies of insurance shall not terminate,nor shall they be canceled,nor the coverage reduced,until after thirty(30)days' written notice is given to OCSD, except that ten(10)days'notice shall be given if there is a cancellation due to failure to pay a premium. (iii)Proof of Insurance Requirements. SCCWRP shall submit the certificate of insurance, including the deductible or self-retention amount,to OCSD's Insurance Administrator for certification that the insurance requirements of this Agreement have been satisfied prior to commencement of any work under this Agreement. 13. Indemnification. To the fullest extent permitted by law, SCCWRP shall indemnify,defend (at SCCWRP's sole cost and expense and with legal counsel approved by OCSD,which approval shall not be unreasonably withheld),protect and hold harmless OCSD and all of OCSD's officers,directors,employees, consultants,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,attomeys' fees,disbursements and court costs,and all other professional,expert or SCCWRP's fees and costs and OCSD'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 SCCWRP in carrying out its obligations trader this Agreement(including,without limitation,the negligent and/or willful acts, errors and/or omissions of SCCWRP, its principals,officers, agents, employees, SCCWRP's suppliers, consultants, subcomultants, subcontractors, 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 SCCWRP to indemnify the Indemnified Parties from any Claim arising solely from: 53rl63.3 OCSD/SCCWRP Return to Aaenda Report Laboratory Agreement May 1,2007 (1) the active negligence or willfirl misconduct of the Indemnified Parties; or (2) a natural disaster or other act of God, such as an earthquake; or (3) the independent action of a third party who is neither one of the indemnified Parties nor the SCCWRP,nor its principal,officer, agent, employee,nor SCCWRP's supplier, consultant, subconsultant,subcontractor,nor anyone employed directly or indirectly by any of them. Exceptions(1)through(3)above shall not apply, and SCCWRP 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. SCCWRP's liability for indemnification hereunder is in addition to any liability SCCWRP may have to OCSD for a breach by SCCWRP 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 SCCWRP'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. 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 SCCWRP. 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 SCCWRP. Payment to SCCWRP by any Indemnified Party or the payment or advance of defense costs by any Indemnified Patty shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. SCCWRP'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. 14. This agreement is severable by either party at any time for any reason or no reason without penalty with a minimum of 3 months notice. If OCSD severs 531782.1 j OCSD/SCCWRP Return to Mende Report Laboratory Agreement the agreement it is anticipated that it would take SCCWRP at least this time period to find alternate laboratory facilities. OCSD agrees to provide reasonable flexibility in this notification requirement. IN WITNESS WHEREOF,these Parties have executed this Agreement on the day and year shown below. Date: ' /� ,2007 fo, "7 N Dated: —�+ -�3— Contracts/Purchasing Manager Date -97-07 h�a/ir,Board f Directors Date By .� i,70 Clerk ofthe Board Date Approved as to Form: General Counsel Date Date:66, 2007 Southern California Coastal Water Research Project Authority By L Stephen B. Weisberg Executive Director 5317823 OPERATIONS COMMITTEE Meebog Date TOBd 0111 r. 0 5 /0 7114 OSRa/14 AGENDA REPORT Item Number Rem Numbe 4 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CONTRACT FOR SODIUM HYPOCHLORITE, SPECIFICATION NO. C-2012-536 GENERAL MANAGER'S RECOMMENDATION A. Approve Change Order No. 2 to Purchase Order 104627-OB to Olin Chlor Alkali Products, for the Purchase of sodium hypochlorite, Specification No. C-2012-536 authorizing a unit price increase of $0.05 per gallon for a new total unit price of $0.489/gallon delivered, plus applicable sales tax, for the period beginning September 1, 2014 through August 31, 2015, and for all subsequent contract renewal periods; and B. Approve a 10% annual unit price contingency. SUMMARY Olin Chlor Alkali Products (Olin) is requesting a price increase from $0.439/gallon to $0.489/gallon delivered plus applicable sales tax. Staff recommends the renewal of the contract because: • Olin has historically maintained low chemical costs and lowered OCSD's pricing significantly for sodium hypochlorite in 2012 and held it firm for two years. • The price is lower than OCSD's previous contract with JCI which had a unit cost of $0.592/gallon plus tax. • Olin's proposed price is lower than the other municipalities in Southern California including, City of San Diego, Orange County Water District, South Orange County Water District, and Irvine Ranch Water District. • Olin has consistently provided dependable service and a quality product. PRIOR COMMITTEE/BOARD ACTIONS Original Spec. C-2012-536 contract with Olin was approved per FY 2012/13 Budget: Section 5, Page 11. Page 1 of 2 ADDITIONAL INFORMATION Sodium hypochlorite (bleach) is used at both treatment plants for disinfection and odor control. Olin has reliably provided bleach since August 2012 for a delivered price of $0.439/gallon plus applicable sales tax. In 2012 the bleach contract was competitively bid where Olin was the successful lowest bid. The next lowest bid was $0.513/gallon plus applicable sales tax. CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item is budgeted under Division 830 and 840, objects 52034, 52041, and 52042, Bleach. Date of ADDroval Contract Amount Continaencv 05/28/14 $980,280.00 $98,000 (10%) ATTACHMENT: N/A Page 2 of 2 OPERATIONS COMMITTEE NeetingDate TOBe.orDi,. os/o7/ta os/zs/ta Item AGENDA REPORT N Number Item Nu bar s Nu Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CATIONIC POLYMER, SPECIFICATION NO. C-2013-591BD GENERAL MANAGER'S RECOMMENDATION A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer, Specification No. C-2013-5918D, for a unit price of $2.425 per active pound delivered for Solution Polymer (WE-192) plus applicable sales tax, and $2.225 per active pound delivered for Mannich Polymer (C-331) plus applicable sales tax, and $2.929 per active pound delivered for Emulsion Polymer (WE-1233) plus applicable sales tax, and $2.643 per active pound delivered for Emulsion Polymer (WE-1328) plus applicable sales tax, for a total estimated amount of $1,650,100 for the period July 1, 2014 through June 30, 2015, with four one-year renewal options; and B. Approve a 10% annual unit price contingency. SUMMARY Cationic polymer is used at both treatment plants for thickening biological solids generated in the dissolved air flotation thickeners (DAFT) and dewatering biosolids before being transported to offsite reuse or disposal sites. This contract was competitively bid with twenty (20) prospective bidders with two (2) bid packages being received by the bid close date of March 11, 2014. In order to increase competition, the bid criteria was broken into three process areas: 1) Plant No. 1 & Plant No. 2 dewatering, 2) Plant No. 1 DAFT and 3) Plant No. 2 DAFT. Bidders were allowed to bid on 1, 2, or all 3 process areas. The bidding process included special requirements for supplier bench testing. Suppliers were allowed a two (2) week period to schedule and conduct bench tests. OCSD bench tested the pre-qualified polymers to evaluate the performance of the polymer. The projected usage was determined based on polymer performance in bench scale testing. The total annual cost was determined by multiplying the projected usage by the unit cost. The prequalified polymers with the lowest annual cost for each of the three process areas is being recommended for this contract, which in this case are all supplied by Polydyne, Inc. Page 1 of 3 The two companies that bid and their total bid amounts are listed below in the Additional Information section. Although BASF Corp. appeared to have a lower unit cost, it would have required a much higher usage to yield the required performance and would have ended up actually costing more. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OCSD utilizes three types of cationic polymer (solution polymer, mannich polymer and emulsion polymer) for the following reasons. Mannich polymer is used in Plant No. 1 and Plant No. 2 dewatering. Mannich (pronounced mannick) polymers are effective and can be manufactured and provided at a lower cost than solution polymers. However they can contain various amounts of residual formaldehyde which presents risk to the Ground Water Replenish System (GWRS) as these compounds can form compounds of concern. At Plant No. 1 we use mannich polymers only in process areas that do not enter into GWRS Solution polymer is used at Plant No. 1 to thicken biological solids generated in the secondary treatment process. In this application, the higher cost solution polymer is used instead of mannich because the process stream feeds into GWRS. Emulsion polymer is used at Plant No. 1 as backup polymer in dewatering and Plant No. 2 to DAFTs. The emulsion polymer is 10 times the concentration of both solution and mannich polymer, allowing the Districts to store more active pounds of polymer on site. Because Plant No. 1's mannich polymer storage is only 3.5 days, emulsion polymer is stored as a backup, increasing storage to 19 days. Plant No. 2 DAFT process area only has facilities for emulsion polymer. Bid results Polymer Type/ Product Usage Actual Bidder $/ Total Annual Process Area Name active Ib/yr %active I I Active Ila. Cost Mannich-P3/P2 Dewaterin C-331 440,000 4% Pol d ne $ 2.225 $ 979,000.00 Emulsion-P1 Dewaterin WE-1233 20,000 42% Pol ci ne $ 2.929 $ 58,580.00 Solution-P3 DAFT WE-192 100,000 4% Polydyne $ 2.425 $ 242,500.00 Emulsion-P2 DAFT WE-1328 1 140,000 42% 1 Polydyne 1 2.643 $ 370,020.00 Total: $1,650,100.00 Emulsion-P2 DAFT IZETAG8816 1 168,0001 40% I BASF Corp I $ 2,262 $ 380,016.00 Page 2 uF 3 CEQA N/A BUDGET/PURCHASE ORDINANCE COMPLIANCE This recommendation complies with authority levels of the OCSD Purchase Ordinance. This item has been budgeted in Divisions 830 and 840, object 52012, line item 52. Date of ADDroval Contract Amount Continaencv 05/28/14 $1,650,100.00 $165,010.00 (10%) ATTACHMENTS The following attachment maybe viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package and attachments. Contract ET:JS:UM:MJ:YS:cf Page 3 of 3 Return to Aaenda Report CONTRACT Purchase of Liquid Cationic Polymer Specification No. C-2013.591BD THIS CONTRACT is made and entered into to be effective July 1, 2014, by and between Orange County Sanitation District hereinafter referred to as "OCSD" with main offices located at 10844 Ellis Avenue, Fountain Valley, California 92708-7018 and Polydyne, Inc. with main offices located at One Chemical Plant Road, Riceboro, Georgia 31323 hereinafter referred to as "Supplier" collectively referred to as"the Parties". WITNESSETH WHEREAS, OCSD requires Cationic Polymer in Its sewage treatment process and has prepared Technical Specifications including use of processing equipment as stated in the "Conformed"Technical Specifications as modified by Addendum No.4 to the Notice Inviting Bids (attached hereto and incorporated together herein by reference as Exhibit "A") for the purchase of said Cationic Polymer. WHEREAS, bids for the Purchase of Cationic Polymer Specification No.G-2013-591BD were solicited and received on March 11, 2014; and WHEREAS, OCSD has chosen Supplier to provide Cationic Polymer in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on May 28, 2014, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Supplier; and NOW, THEREFORE, in consideration of the premises and agreements hereinafter made and exchanged, Supplier and OCSD agree as follows: 1. Del. ery 1.1 LOCATIONS as called for by OCSD, deliveries will be made to Plant No. 1, 10844 Ellis Avenue, Fountain Valley, and Plant No. 2, 22212 Brookhurst Street, Huntington Beach, California. Under normal conditions, OCSD will provide a three- (3) day notification except in emergency situations whereby a 24-hour notice for delivery is requested. Such expedited deliveries will be provided at no additional cost to OCSD. Complete orders will be delivered F.O.B. Destination, and shall include unloading chemical into OCSD's existing Cationic Polymer tanks. See Technical Specifications, Exhibit "A" and delivery procedures found at: OCSD.com, "Doc Central" (bottom of page), under "Safety. Deliveries will usually be received Monday through Friday, 7:00 a.m. to 4:00 p.m. 1.2 Supplier shall supply Cationic Polymer at the prices contained in this Contract, for the Contract Term. OCSD will buy at the Contract price from Supplier only, except when OCSD determines Supplier cannot make delivery within the time specified or with the quality and quantity specified, or at the Contract price, at which time OCSD may purchase Cationic Polymer elsewhere and charge Supplier any differences in the delivered price to OCSD. 1.3 CERTIFICATION OF WEIGHT Delivery weight of material shall be determined by certified scales. Certificates of weight will be furnished by Supplier for all loads of Cationic Polymer delivered. Loading, hauling and unloading shall be done at the expense of Supplier. Orange County Sanitation District 1 of 8 Specification No. C-2013-591BO Return to Mende Report 1.4 ANALYSIS CERTIFICATION Each delivery of Cationic Polymer requires a written certified analysis of the percentage total solids and percentage active Cationic Polymer for that shipment. A certified analysis is defined as a statement signed by Supplier's representative declaring the analysis information is true and accurate. 1.5 Supplier shall be responsible for any loss or damage to facilities of OCSD caused by negligence of Supplier's delivery equipment or operators thereof. 2. Possession Ownership and control of all Cationic Polymer delivered pursuant to this Contract shall remain solely and exclusively with Supplier, until complete transfer of possession by delivery to OCSD at the designated locations is made from Supplier. 3. Familiarity with Work 3.1 By executing this Contract, 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 Contract. 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 Suppliers risk, until written instructions are received from OCSD. 3.2 Supplier will schedule work through OCSD's Project Manager. Supplier will not come on site unannounced. All scheduled work will be done Monday through Friday, between 7:00 am and 4:00 pm. 4. Performance Time is of the essence in the performance of the provisions hereof. 3. Quan ' OCSD makes no guarantee to actual use or quantity of Cationic Polymer purchased. The Cationic Polymer C-331 will be used for anaerobically digested sludge at an estimated usage of 440,000 active pounds per year and 20,000 active pounds per year of backup WE-1233 polymer. To thicken secondary solids, an estimated 100,000 active pounds per year of WE-192 will be used at Plant 1 and an estimated 140,000 active pounds per year of WE-1328 at Plant 2. Use may be sporadic based on the wastewater treatment requirements unique to each treatment plant. 6. Pricina and Invoicing 6.1 Supplier will invoice monthly for delivered Cationic Polymer per the Technical Specifications, Exhibit"A°, at: Solution Polymer WE-192 $2.425 per pound (active basis); and Mannich Polymer C-331 $2.225 per pound (active basis); and Emulsion Polymer WE-1233 $2.929 per pound (active basis); and Emulsion Polymer WE-1328 $2.643 per pound (active basis). 6.2 Prices shall remain firm during the Contract Term. Price shall include all cartage and taxes per active pound except California State Sales Tax. The sales tax will be paid by OCSD. The sales tax shall not apply to freight charges. 6.3 OCSD will pay only for the actual pounds of active Cationic Polymer delivered into OCSD's storage tanks. Cal weight scale tickets shall be provided to OCSD for every delivery and shall contain the tare weight, loaded gross weight and net weight. Pounds invoiced will be the total net pounds of Cationic Polymer 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. Orange County Sanitation District 2 of 8 Specification No. C-2013-591BD Return to Anenda Report 6.4 Periodic quality control tests will be performed by OCSD on the delivered product to assure that minimum Contract specifications are attained and that Supplier-reported quality is accurate. The product will be paid for on a corrected weight basis. All Cationic Polymer delivered under the minimum product specifications shall be discounted proportionately. A discount formula as shown shall be utilized. Cost per Active Pound x Active Pounds Delivered = Delivered Cost 6.5 A Delivery statement shall accompany all shipments. Each product batch will be tested by the manufacturer prior to shipment and the certified test results showing the actual percent of Cationic Polymer will be forwarded to OCSD with the invoice. OCSD reserves the right to reject a load if the active solids concentration of that batch is not within the specked range of +/-0.5% by weight. Repeated deviations of the solution strength from the specked range of more than twice per calendar month may be used as grounds for terminating the Contract. Payment shall be based on the actual product delivered. At a minimum, the invoice shall include a description of the delivery location, the delivery date, the unit price, the active pounds of product delivered, and any other parameters used to determine the cost for the shipment. 6.6 OCSD shall pay, Net 30 days, upon receipt and approval by Project Manager, Margil Jimenez or his designee of itemized invoices, submitted in duplicate, in a form acceptable to OCSD to enable audit of the charges thereon. The active concentration of the shipped material must be included on the product invoice. All invoices must reference the Purchase Order Number. 6.7 Invoices shall be emailed by Supplier to OCSD Accounts Payable at APStaff(o)OCSD.com and reference 'INVOICE", the Purchase Order number, and C-2013- 591 BD in the subject line. 6.8 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. 7. Contract Term The Services provided under this Contract shall be for a period of one (1) year commencing July 1, 2014 and continuing through June 30, 2015. 8. Renewals 8.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods based upon the criteria set forth in the specifications, Exhibit"A", if mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 8.2 Renewals may be made through the OCSD Purchase Order Process. 9. Termination 9.1 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 (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, Supplier shall immediately discontinue all work under this Contract (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 Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Supplier other than for work performed to the date of termination. Orange County Sanitation District 3 of 8 Specification No. C-2013-591SD Return to Mende Report 9.2 OCSD reserves the right to terminate this Contract 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 of the Contract. 9.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Supplier: 9.3.1 if Supplier becomes insolvent or files a petition under the Bankruptcy Act; 9.3.2 if Supplier sells its business; or 9.3.3 W Supplier breaches any of the terms of this Contract. 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 Contract, whichever occurs first. 10. Indemnification and Hold Harmless Supplier agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Supplier, its employees or agents, in relation to the rendit'on of services pursuant to this Contract, except claims or litigations arising through the sole negligence or wilful misconduct of OCSD. Supplier agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such suits at the cost and expense of Supplier. 11. Insurance Supplier 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 "B"). Supplier shall not commence work under this Contract 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 Contract. 12. Eouioment 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. 13. Damage to OCSD's Property Any of OCSD's 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. 14. Safety Standards and Human Resources (HM 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 Supplier is required to follow the most stringent regulatory requirement at no cost to OCSD. Supplier 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". Orange County Sanitation District 4 of 6 Specification No. C-2013-591BD Return to Mende Report 15. Right to Review Services. Facilities. and Records 15.1 OCSD reserves the right to review any portion of the Services performed by Supplier under this Contract, 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. 15.2 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. 16. Incorporated Documents 16.1 The Specifications, Bid and Notices from OCSD are hereby incorporated into and made a part of this Contract as though fully set forth hereat, and unless modified or changed hereinabove, are controlling for all matters pertaining to the supply of Cationic Polymer and the manner of performance thereof. 16.2 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the other incorporated documents, the provisions of this Contract shall in all respects govern and control. 17. Permits. Ordinances and Reputations Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract 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. 18. Compliance With Law 18.1 Supplier warrants that under the performance of this Contract, it shall comply with all applicable federal, state and local laws, and all lawful orders rules and regulations thereunder. 18.2 In connection with the execution of this Contract, 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; layoff or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. 19. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Cortract, 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 Supplier tc wF ch OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 20. Severability Any provision of this Contract 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. Orange County Sanitation District 5 of 8 Specification No. C-2013-591 BD Return to Mende Report 21. Disputes 21A 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. Pending final resolution of a dispute hereunder, Supplier shall proceed diligently with the performance of this Contract and in accordance with OCSD's decision. 21.2 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 ateroate dispute resolution process. 21.3 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 Contract, 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, or three 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. 22. Remedies In addition to other remedies available in law or equity, it the Supplier 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 Supplier. In the event OCSD elects to "cover as described in (3), OCSD shall be entitled to recover from Supplier as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 23. Attomey's Fees If any action at law or in equity 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 it may be entitled. 24. 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. It is agreed that all provisions of law applicable to public contracts are part of this Contract 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. 25. South Coast Air Quality Management 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 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. Orange County Sanitation District 6 of 8 Specification No. C-2013-591BD Return b Mende Report 26. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Contract. 27. Supplier's Refedonshin to OCSD Supplier's relationship to OCSD in the performance of this Contract is that of an independent contractor. The personnel performing Services under this Contract 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 Contract, 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. 28. Assignments Neither this Contract 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 Contract be further subcontracted by Supplier without the prior written consent of OCSD. 29. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Supplier. 30. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Supplier, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Supplier or to its successor, or for breach of any obligation for the terms of this Agreement. 31. Read and Understood By signing this Contract, Supplier represents that he has read and understood the terms and conditions of the Contract. 32. 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. 33. Entire Agreement 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. This Contract may be modified or changed only by written instrument in the forth of an amendment to this Contract signed by both Parties. Orange County Sanitation Dishict 7 of 8 Specification No. C-2013-5918D Return to Mende Report 34. 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 or 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: Marc Dubois Contracts/Purchasing Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Supplier: Polydyne, Inc. 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 Manager POLYDYNE, 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-2013-591 BD OPERATIONS COMMITTEE Meeting Date TOBA.of Dir. 05/07/14 OS/28/14 AGENDA REPORT ern Number Item Number 7 11 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B, CONTRACT NO. 7-37 GENERAL MANAGER'S RECOMMENDATION A. Approve Amendment No. 6 to the Professional Design Services Agreement with Tetra Tech, Inc., providing for additional engineering services for Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, for an additional amount of $416,000 increasing the total amount not to exceed $1,475,479; and B. Approve a contingency increase for an additional amount of$73,774 (5%). SUMMARY The Orange County Sanitation District's (Sanitation District) 1999 Strategic Plan identified a portion of the Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, to be hydraulically deficient. Flow monitoring conducted in 2004 has also confirmed that the sewer is flowing approximately 90% full, and hydraulic modeling indicates that peak wet weather flows would exceed the capacity of the pipeline. The original project scope of work included constructing a parallel larger diameter trunk sewer line to increase capacity. Upon completion of this design, concerns were raised by the City of Tustin (City) regarding traffic impacts the project would have on the community and that the Sanitation District should look into alternative means to improve the hydraulic deficiencies in the sewer system. A hybrid rehabilitation design was completed that included cross connections between the trunk and parallel interceptor line to maximize capacity of the existing system preventing potential spills but not surcharges. This was a compromise, but allowed the project to move forward to reduce risk of spills. Plans were nearing completion to rehabilitate the remaining hydraulically deficient sewer. Recently, the City completed a section of Tustin Ranch Road, a parallel roadway that is designed to relieve traffic volumes from Redhill Avenue. The Sanitation District then re- approached the City and obtained approval to design and construct a new sewer to replace the capacity and condition-deficient section of the trunk sewer with a new larger sewer in shoulder sections of Redhill Avenue. This revised scope of work provides a long-term uncompromised design providing capacity to eliminate the risk of a spill and avoiding surcharge while also reducing construction risks and impacts to the City by moving the pipeline to a less congested area. This Amendment is to provide additional engineering design services to prepare plans and specifications for the revised project scope of work. Page 1 of 3 PRIOR COMMITTEE/BOARD ACTIONS August 2012 - General Manager approved Amendment No. 5 to the Professional Services Agreement with Tetra Tech, Inc. for $65,000, increasing the total amount not to exceed $1,059,479. June 2012 — Approved an increase in contingency to the Professional Services Agreement with Tetra Tech, Inc. for an additional amount of $81,520 (9%), increasing the total contingency amount not to exceed $172,098 (19%). January 2012 — General Manager approved Amendment No. 4 to the Professional Services Agreement with Tetra Tech, Inc. for $88,700, increasing the total amount not to exceed $994,479. August 2011 — Approved an increase in contingency to the Professional Services Agreement with Tetra Tech, Inc. for an additional amount of $45,289 (5%), increasing the total amount not to exceed $90,578 (10%), and authorized staff to negotiate a Professional Consultant Services Agreement with Tetra Tech, Inc. for construction support services for the subject project. April 2010 — Approved Amendment No. 3 to the Professional Services Agreement with Tetra Tech, Inc. for $350,000, increasing the total amount not to exceed $905,779, and approved a contingency of$45,289 (5%). November 2005 — Approved Amendment No. 2 to the Professional Service Agreement with Tetra Tech, Inc. for$194,399, increasing the total amount not to exceed $555,780. October 2003 — Approved Amendment No. 1 to the Professional Service Agreement with Tetra Tech, Inc. for$24,500, increasing the total amount not to exceed $361,380. November 2001 — Approved Professional Services Agreement with Tetra Tech, Inc. for a total amount not to exceed $336,880. ADDITIONAL INFORMATION Over the course of this project, the Sanitation District has been working cooperatively with the City of Tustin, as well as the cities of Santa Ana, Irvine, and the Irvine Ranch Water District, to design and construct this new sewer while minimizing impacts to the busy street in this service area. This has caused some inefficiency in design yet we have been able to find effective solutions to phase construction of portions of this line using existing city construction contracts, as well as finding a new alignment that will benefit both parties with an improved construction plan. CECA This project was included in the 1999 Strategic Plan Program EIR, certified on October 27, 1999. A Notice of Determination was filed on October 29, 1999. Page 2 of 3 BUDGET/PURCHASING ORDINANCE COMPLIANCE This recommendation complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (FY2013-14 Update, Page A-7, Item 30), and the budget is sufficient for the recommended action. Date of ADuroval Contract Amount Contingency 11/28/01 (Org. PSA) $ 336,880 10/30/03(GM Amend. No. 1) $ 24,500 11/16/05(Board Amend. No. 2) $ 194,399 04/28/10(Board Amend. No. 3) $ 350,000 $45,289 08/24/11 (Board Contingency Increase) $45,289 01/03/12(GM Amend. No.4) $ 88,700 06/27/12(Board Contingency Increase) $81,520 08/07/12(GM Amend. No. 5) $ 65,000 05/28/14(proposed Amend. No. 6) $ 416,000 $73,774 TOTAL $1,475,479 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package and attachments: PDSA Amendment No. 6 RT:HK:dm:gc Page 3 of 3 Return to Mends Report AMENDMENT NO. 6 TO AGREEMENT THIS AMENDMENT NO. 6 TO AGREEMENT, is made and entered into to be effective the 28th day of May, 2014, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and TETRA TECH, INC., of Irvine, California, for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT and CONSULTANT have previously executed an Agreement dated November 28, 2001, together with Amendment No. 1 dated October 30, 2003, Amendment No. 2, dated November 16, 2005, Amendment No. 3, dated April 28, 2010, Amendment No. 4, dated January 3, 2012, and Amendment No. 5, dated August 7, 2012, for professional design services for Gisler-Redhill System Improvements, Reach B, Contract No. 7-37; and, WHEREAS, the SANITATION DISTRICT has determined that additional design services are required; and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these additional requirements based on its demonstrated competence and has agreed to provide the necessary engineering services, and has been selected in accordance with the SANITATION DISTRICT selection policy regarding professional design services; and, Amendment No. 6 -1- Contract No. 7-37 Revised 12/01/10 WHEREAS, the SANITATION DISTRICT acting through its Director of Engineering has negotiated with CONSULTANT, and has certified the final negotiated fee for said services as reasonable, and, WHEREAS, the Board of Directors has approved this Amendment No. 6 between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Amendment No. 6, it is mutually agreed as follows: 1. CONSULTANT agrees to provide services necessary to the SANITATION DISTRICT'S Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, as outlined in attached letter dated April 15, 2014, designated as Exhibit"A", attached hereto and by this reference made a part of this Amendment No. 6 to Agreement. 2. Article 2 of that certain Agreement dated November 28, 2001, together with Amendment No. 1 dated October 30, 2003, Amendment No. 2, dated November 16, 2005, Amendment No. 3, dated April 28, 2010, Amendment No. 4, dated January 3, 2012, and Amendment No. 5, dated August 12, 2012, between the SANITATION DISTRICT and CONSULTANT is hereby amended to increase the total compensation by $416,000 from $1,059,479 to an amount not to exceed $1,475,479, all in accordance with the same terms and conditions as otherwise specified in Article 3 and the other provisions of said Agreement. Amendment No. 6 -2- Contract No. 7-37 PWMd r2rovw Return to Mende Report 3. The additional compensation authorized hereby and sums paid by the SANITATION DISTRICT to CONSULTANT pursuant hereto shall be based upon and allocated as follows: Current Contract Amount Change per Amended (includes Amendments)' Amendment No. 6 Agreement Engineering Services, (direct labor at hourly rates plus overhead at 170%), Not to Exceed $ 762,120 $ 320,263 $ 1,082,383 Subsoncultant Fees and Costs, Not to Exceed $ 214,179 $ 60,500 $ 274,679 Profit 8.2% $ 68,118 $ 26,261 $ 94,379 Direct Costs, Not to Exceed $ 15,060 $ 8,976 $ 24,036 Total Not To Exceed $ 1,059,479 $ 416,000 $ 1,475,479 4. The SANITATION DISTRICT agrees to pay CONSULTANT on a monthly basis pursuant to invoices submitted to the SANITATION DISTRICT from CONSULTANT and as approved by the SANITATION DISTRICT's Director of Engineering. 5. This modifying Amendment is supplemental to the Agreement dated November 28, 2001, together with Amendment No. 1 dated October 30, 2003, Amendment No. 2, dated November 16, 2005, Amendment No. 3, dated April 28, 2010, Amendment No. 4, dated January 3, 2012, and Amendment No. 5, dated August 12, 2012, 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. Amendment No. 6 -3- Contract No. 7-37 R.wd 12MI110 6. In the event of any conflict or inconsistency between the provisions of this Amendment and any of the provisions of the original Agreement and Amendment Nos. 1, 2, 3, 4, and 5, the provisions of this Amendment No. 6 shall in all respects govern and control. Amendment No. 6 -4- Contract No. 7-37 Pev 12MI110 Return to Agenda Report IN WITNESS WHEREOF, this Amendment No. 6 to Agreement has been executed in the name of the SANITATION DISTRICT by its officers thereunto duly authorized and executed by CONSULTANT as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT ey James D. Herberg Date General Manager By Clerk of the Board Date TETRA TECH, INC. By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager HK:dm EDMS:003981360915.1h Amendment No. 6 5- Contract No. 7-37 Revised 12M1110 Exhibit "A" OTETRATECH April 15,2014 Mr.Hardat Khublall,Project Manager Orange County Sanitation District 10544 Ellis Avenue Fountain Valley,CA 92708 Reference: Gisler-Redhill System Improvements,Reach B,Contract No.7-37 Fee Proposal for Amendment No.6 Dear Mr.Khublall: Tetra Tech appreciates this opportunity to submit this proposal to provide professional engineering services for Amendment No. 6 to our Professional Design Services Agreement for Gisler-Redhill System Improvements,Reach B.Contract No.7-37. We value the relationship that we have built with OCSD on this project and with the SARI project and want to expand it again with Amendment No.6. Our past work on the Gisler-Redhill System Improvements,Contract No. 7-37,makes us the best team to complete this work. The following fee proposal for Amendment No. 6 is based on the Scope of Work included within OCSD's March I lo, 2014 correspondence with Tetra Tech and our negotiation meeting on April So,2014. Summary of Design Changes Upsize the trunk sewer between Edinger Avenue and Warner Avenue,similar to the November 2006 plans, except increasing the existing size by two pipe sizes. The replacement sewer will be located along the proposed easterly widened section of Redhill Avenue as discussed and agreed upon with the City of Tustin.Delete the rehabilitation design of the existing trunk within the subject reach and instead prepare plans for abandoning the replaced portion of the trunk sewer system. The City has indicated that Warner Avenue and Redhill Avenue intersection may be completed this spring and would prefer not to have any concoction within the intersection after the street improvements are completed. Tetra Tech may need to prepare a separate construction bid package consisting of all intersection work to be included in the City's bid package to have the City construct on behalf of OCSD. H required,Tetra Tech's scope of work will include concoction support services for this separate bid package. Modified Scope of Work for Amendment No.6 Task 6.1—Basis of Design(DSI) Based on Tetra Tech's background of the project and the design completed during the original scope and Amendments No. 3 through No. 5, it was decided that Design Submittal 1 (DSI) will not be required for the mvised scope of work. We are recommending updates to the previous design memorandums as described within DS3 scope of work to m1ablish/finalize the Basis of Design. Tetra Tech, Inc. 17M Van Kerman Avenue,Suit.son.Irvine,CA 92614.6213 TeI249.809.5000 Fes 949.809.5010 ..tetratech.can Return to Mends Report W.Handal Khublall April 15,2014 Page 2 Task 6.2—Design Submittal (DS2) Based on Tetra Tech's background of the project and the design completed during the original scope and Amendments No. 3 through No. 5, it was decided that Design Submittal 2 (DS2) will not be required for the revised scope of work. We are recommending updates to the previous design memorandums as described within DS3 scope of work to establish/finalize the Basis of Design. Work Package 3253—Design Submittal 3 and Final Design Task 6.3—Design Submitial3(DS3) For this submittal,all documents required for the final submittal shall be included.This submittal shall include all finished, checked and complete plans and specifications as well m finalized databases, reports,construction schedules,cost estimates and other project documentation as described below.No new drawings and/or specification sections by Tetra Tech are expected after this stage. The project is essentially finished and submitted as 100% complete. The only missing effort is the District's final review with comment incorporation.The DS 3 Submittal shall include the following: • Project Support Documentation consisting of calculations,phone/fax quotes, catalog cuts,and meeting notes. • Final Basis of Design Technical Memorandums Final Basis of Design consisting of the final Technical Memorandums summarizing all of the recommendations to be concocted by this project This document shall serve as the final and complete basis of design document for the project. As such it must contain sufficiently comprehensive and detailed information that it can be used in the future to understand all the design decisions. 6.3.1—Update Hydraulic Analysis Memorandum Tetra Tech's August 25, 2011 Hydraulic Analysis Memorandum will be updated to the new design direction,replacement of the existing trunk sewer,upsized by two pipe sizes,between Edinger Avenue and Wainer Avenue. Tetra Tech is proposing to have RMC perform the hydraulic modeling. We are proposing to have the following scenarios inn with the replacement trunk sewer as part of the analysis: Year 2030 peak dry weather and peak wet weather flows;and low flows within the replacement conk (determine the lowest flow occurring during Year 2030 dry weather flows per the model and time step function to evaluate the minimum velocity within the pipe). 6.3.2—Update RehabMzdon of Trunk and Interceptor Memorandum OCSD will conduct a new CCTV inspection of all of the trunk and interceptor pipelines and provide video to Tetra Tech. Tetra Tech will conduct a condition assessment of all manholes and r vafidate all CIPP lining and manhole rehabilitation design.Based on the review,Tetra Tech will update the August 25a,2011 Rehabilitation of the Trunk and Interceptor Memorandum. TETRA TECH Mr.Hardat Khublall April 15,2014 Page 3 6.3.3—Additlonal Geotechnical Investigation Tetra Tech will retain Leighton Consulting, Inc. to conduct a geotechnical investigation of the new alignment. We are assuming a total of seven (7)soil borings to at least five feet below the proposed pipeline(six borings between Edinger and Warner and one boring at Mitchell and Redhilp. Leighton will prepare an addendum to the previous Gwtechnical Report dated June 2004.The addendum report shall present findings, conclusions and recommendations for the design of the proposed sewers. The report shall include, at a minimum: the potential groundwater presence and levels; construction dewatering requirements including dewatering well(s) design criteria; trench shoring requirements; settlement potential;excavatibility of the soils;and foundation design data for new manholes. As an optional item of work, a Geotechnical Baseline Report(GBR)can be provided if GCSD decides it is required. The GBR will provide interpretive and baseline gwtechnical conditions that are considered to be relevant to the proposed project and the associated construction activities. The report will include: Purpose and limitations of the GBR; Project Description; Geotechnical data; Project geologic setting; Baseline conditions of subsurface materials and groundwater conditions; and Construction considerations. 6.3.4—Alignment Selection Tetra Tech will evaluate and select an alignment along the proposed easterly widened section on Redhill Avenue as discussed and agreed upon with the City of Tustin on February 27, 2014. The following is a brief summary of the work to be performed: • Perform a new utility research and update the base maps that were prepared as part of the 2006 construction plans. • Show the proposed widening street improvements to the base map. • Perform a detailed field walk to locate all above ground facilities within the existing parkway. • Evaluate the potential impacts to the adjacent properties or above ground facilities/improvements with the new alignment(assuming the trunk sewer will be constructed prior in the widening of the street). • Prepare a Memorandum summarizing the alignment selection and the improvements impacted by the construction of the new conk sewer. 6.3.5—Update Bypass Plans including Hydraulics Tetra Tech will update the conceptual flow handling plans for the CIPP construction activities with the new upsized trunk sewer, all sewer connection locations, and the new lateral connections.Tetra Tech will determine if bypass pumping is still required if the work is sequenced after the construction of the new conk sewer. Tetra Tech will prepare a memorandum summarizing our findings and recommendations. 6.3.6—Construction Cost Estimate and Schedule • Prepare Preliminary Construction Sequencing Plan, & Schedule. Tetra Tech will develop a detailed construction sequencing plan and construction schedule. TETRA TECH Return to Mends Report Mr.Hardat Khublall April 15,2014 Page 4 • Prepare Preliminary Construction Cost Estimate(see Engineering Design Guidelines,Chapter 01,Section 01.4.6"Construction Cost Estimate'for requirements) 6.3.7.Construction Schedule Detailed CPM Schedule based on the Preliminary Construction Sequencing Plan and quantify take-offs from the contract documents. Provide printed version in Gantt chart format. Provide electronically using Primavera Pmject Planner. The goal is to develop a realistic schedule based on project information not roles of thumb. (see Phase 3—Final Design of this Scope of Work, General Design Serviccs,Task 3.9 "Subconsultants" for requirements.) It should be noted that Tetra Tech is assuming that cost loading will not be required on the schedule. 6.3.8—DS3—Plans Provide final drawings for: • All General drawings • All Civil drawings and details • All Pipeline Plan and Profile drawings • Ali Pipeline Detail drawings • All Demolition and abandonment drawings • All Manhole Details Based on our understanding of the project,we envision the following plans: Cover Sheet(modified) General Notes,Symbols,and Abbreviations(updated) Index of Drawings and Schedule of Work(new) Horizontal Control Plan(new) Trunk Sewer Plan and Profile including abandonment(6 sheets)(new) Connection/Manhole Detailed Plans(5 sheets)(new) Lateral Reconnection Profiles—8 laterals(2 double profile sheets)(new) Site Restoration Plans—Warner to Edinger(6 sheets)(new) Manhole Rehabilitation—7 sheets(3 sheets modified—Warner to Edinger) Interceptor Sewer Rehabilitation Plan and Profile(5 sheets)(3 sheets modified) Trunk Sewer Rehabilitation Plan and Profile(2 sheets)(existing) Newport Ave Repair Plan and Profile(existing) Redhill Repair Plan and profile(existing) Paving Plan for Newport and RedhiB(existing) Warner,Valencia and Edinger Paving Plan(new) Civil Details(C5001 to C5007)(modified) Miscellaneous Details including Paving Sections(1 sheet)(new) Concept Traffic Plans(C8001 to C8016 and C8021 to 8023)existing Concept Traffic Plans(C8024 to 8025)(modified) Concept Traffic Plans for Trunk Sewer Replacement(30 sheets)(new) Constmction Area Signs(1 sheet)(new) Typical Traffic Control Sheets(2 sheets)(new) TETRA TECH Mr.Hardat Khublall April 15.2014 Page 5 Tetra Tech is assuming that the Contractor will be required to prepare Traffic Control Plans for the new conk construction and his CCTV and Manhole Rehab work. The two typical sheets will provide the Contractor with the understanding of the requirements and quality of the traffic control plans that the City will be expecting to be submitted for permit. It is Tetra Tab's opinion that this will provide the bidders with adequate information to bid the project and will ensure the Contractor will have a good understanding of the traffic control requirements and the level of effort required for the preparation of the traffic control plans. The following is summary of the conceptual traffic plans for the conk replacement sewer construction: Warner crossing—3 phases;typical for Warner to Bell; typical lateral crossing—3 phases; typical for Bell to Valencia; crossing Valencia— 3 phases; crossing Redhill @ Valencia— 3 phases; typical for Valencia to Santa Fe; lateral at Santa Fe — 3 phases; typical for Santa Fe to Industrial; crossing Industrial—3 phases;lateral at Industrial—3 phases;typical for Industrial to Edinger;crossing Edinger — 3 phases; and crossing Redhill at Edinger—3 phases. Two of these phases will be included in the typical traffic control sheets. Tetra Tech will also refer to the OCSD's Engineering Design Guidelines, Sections 01.4, 01.7, 10.2, 10.14, 11.3, and 11.4; and applicable sections of Appendix A for additional design submittal requirements. 6.3.9—DS3—Specffrcalfons For DS 3 Tetra Tech will provide final technical specifications (Divisions 02-17). Tetra Tech will provide final Additional General Requirements(Division 01),edited and customized to the project. Provide final specifications except for bid documents and Division 00-General Conditions(which will be prepared by OCSD, except that the draft final schedule of prices,project milestones, and warranty requirements shall be provided by Tetra Tech). Final technical specifications and AGRs shall reflect design decisions made to this point in the design. 6.4—Final Design Submittal Descriptions of the tasks and deliverables for Final Design Submittal are provided below. 6.4.1 Final Design Submittal(FDS) This submittal shall include all finished, checked and complete plans and specifications as well as finalized databases,reports,construction schedules, cost estimates and other project documentation as described below. We are assuming that there will be very minimum comments, if any, on any of the sheers that were included within the 2013 concoction plan set that was completed to final design. The FDS shall include the following: • Written response log to OCSD comments received on DS3 • Final Plans and Specifications • Final Construction Schedule in Gantt chart format using Primavera Project Planner. Tetra Tech has assumed that cost loading of the schedule will not be required. TETRA TECH Return to Mends Report Mr.Hardat Khublail April 15,2014 Page 6 • Project Support Documentation consisting of calculations, phonelfax quotes, catalog cuts, design period memoranda, and meeting notes. (see Appendix A, Design Guidelines Sections A.3.19"Project Support Documentation" for requirements) All OCSD comments on the previous submittal,including from OCSD's Safety group, workshops and constructability reviews, shall have been resolved, rejected, addressed and/or incorporated in this submittal. Tetra Tech will not add any new drawings or make any changes to the plans or specifications that are not a result of comments received by OCSD or a final in-house quality control check. Terra Tech will document in-house changes and submit them in OCSD along with the FDS. Tetra Tech's checking shall include a review of all deliverables within each discipline(i.e. drawings, detailed specifications,project support documentation,etc.)and an in-house Integrated Multidiscipline Design Quality Review of all deliverables to ensure that every document is consistent with all other documents containing the same equipment. Tetra Tech will incorporate corrections into the project deliverables prior to FDS. A copy of the in-house Integrated Multidiscipline Design Quality Review comments with Tetra Tech's detailed responses, written next to each respective checker's continents on the checked Contract Documents,shall be made and submitted to OCSD along with the FDS. Refer to the Engineering Design Guidelines, Sections 01.4, 01.7, 10.2, 10.14, 11.3, and 11.4; and applicable sections of Appendix A for additional design requirements. The FDS submittal shall be reviewed by OCSD's Safety Department in accordance with the OCSD's safety policies. The process of assisting OCSD in obtaining the required permits,as specified in Task 6.8—'Temdlling".shall have been completed(City of Tustin,City of Santa Ana,and City of Irvine). Final submittal deliverables shall consist of camera ready documents and digital documents, suitable for final reproduction by OCSD. In addition, the FDS shall include remaining project support document on paper form consisting of calculations, phonetfax quotes, catalog cuts, design period memoranda, and meeting notes. All plans and detailed specifications and engineering calculations shall be stamped and signed by a Registered Engineer in the State of California. GENERAL DESIGN SERVICES General Design Services includes tasks that will be performed by Tetra Tech throughout Amendment No. 6. These tasks are included in a separate section of the Scope of Work to facilitate tracking of man-hours and fees by Tetra Tech and OCSD. These services include: project management, workshops and meetings,quality control,and permitting. Task 6.S—Project Management Tetra Tech will be responsible for detailed management of the project including the Subconsultants and shall keep OCSD apprised of the status of the project. TETRA TECH Mr.Hardat Khublall April 15,2014 Page 7 Tetra Tech will not reassign the key personnel without prior approval of OCSD per Section 8 of the Professional Services Agreement. OCSD may request reassignment of any of the Consultant's personnel,based on that individual's unsatisfactory performance. Tetra Tech will conduct monthly project meetings with OCSD's Project Manager.These meetings shall be attended by OCSD's Project Manager and Tetra Tech's Project Manager at a mutually agreeable time, generally around the second week of the month and are assumed to be about two hours in duration.The purpose of the meetings shall be to review Terra Tech Project Manager's report and the status of the project scope,schedule,budget and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted at each meeting. One of the monthly project meetings will incorporate a safety meeting. Tetra Tech will submit an updated WBS, Progress Reports, Project Invoices, project schedule and progress schedule on a monthly basis. Tetra Tech will include fees for General Design Services related to Addendum No.6 under this section of the proposal. Task 6.6—Workshops and Meetings Tetra Tech will hold meetings and workshops throughout the project to keep OCSD apprised of the job, review work-in-progress, share information, discuss project submittals, present findings of technical analyses,receive and resolve comments, and obtain decisions and direction by OCSD staff. This task defines the major meetings and workshops to be held by Tetra Tech in accordance with the requirements of OCSD's Engineering Design Guidelines.Tetra Tech will also hold additional meetings as required to keep OCSD apprised of the job, to review work-in-progress, and to receive and resolve comments. Tetra Tech will prepare and submit an agenda to OCSD (hard copy and e-mail)for review at least one week prior to each meeting or workshop. The agenda package shall include a copy of the formal agenda and applicable review materials such as draft design criteria, design memoranda, associated drawings and specifications,to support meeting or workshop goals.Tetra Tech will prepare minutes for each workshop or meeting and submit them to the OCSD's Project Manager for approval within three (3)business days following the meeting or workshop. Informal meetings such as office meetings shall be recorded as follows: • Tetra Tech will notify the Project Manager/Project Engineer prior to the meeting • Tetra Tech will prepare minutes for the meeting • The minutes shall be submitted to the Project Manager/Project Engineer and the Project Team • After review and modification,the minutes will be filed as a formal record of the meeting • Meetings that do not follow this procedure will not be recognized as having occurred Tetra Tech will prepare for all telephone and teleconferencing meetings in the same manner as outlined above.Tetra Tech will refer to the Project Schedule to determine OCSD review period for each major milestone submittal (usually accompanied by a workshop). Tetra Tech will continue to work on the project during the review period of major milestone submittals. At the end of the review period,Tetra Tech will meet with OCSD staff to receive and review OCSD comments. TETRA TECH Return to Agenda Report Mr.Hardat Khublall April 15,2014 Page S A copy of all comments on project issues obtained by Tetra Tech from OCSD staff without direct OCSD Project Manager's involvement shall be submitted for the Project Manager's approval within three(3)business days of receipt. Upon receipt of OCSD comments on each project submittal and each set of meeting or workshop materials, Tetra Tech will address the comments and submit a legible set of all OCSD comments together with Tetra Tech's detailed responses, each written next to the respective OCSD comment. OCSD will provide a template for submission of these comments. A hard copy of the responses shall be submided no later than 30 days after receipt of the OCSD comments and at least 30 days prior to the next submittal date. Tetra Tech will keep an ongoing record of decisions made on the project in a "Decision Log" and will submit a copy of the updated Decision Log with each monthly Progress Report. The Decision Log format shall be provided by OCSD. Submittals that contain gross deficiencies or errors requiring a significant amount of OCSD staff time for checking shall be returned without review until OCSD is satisfied that a thorough Tetra Tech's review,checking and correction for coherence,consistency,spelling,etc.has been performed. Task 6.6.1 Workshops The focus of workshops is to review project progress to date and the technical decisions that have been made. Tetra Tech will conduct the following workshops in Amendment No.6. Basis of Desien Technical Memorandums Workshop Basis of Desien Workshop) Basis of Design workshop shall be held to review the Final Basis of Design Technical Memorandums summarized within Task 6.3 above. Design Submittal Workshop 3(DS3 Workshop) The DS3 submittal workshop shall be held to review all elements required in the DS3 submittal. Basis of Design and DS3 Workshop The Basis of Design and DS3 workshops shall be held to review the Basis of Design Technical Memorandums and DS3 submittal.This workshop shall be held immediately following the submittal of the Basis of Design Technical Memorandums and the DS3 submittal. The Consultant staff required at this workshop shall include: • Project Manager The primary focus will be to review the consultant's quality control by reviewing every drawing and specification. new workshops shall be 4-hours in length,each.OCSD has agreed that there will not be a Final Design Workshop and therefore, we have not included attendance at a Final Design Workshop in our proposal. TETRA TECH W.Handal Khublall April 15,2014 Page 9 Tark 6.7—Quality Control All elements of the Consultant's Quality Assumnce/Quality,Control (QA/QC)Plan developed for the SARI Project—Preliminary Design shall also apply to Amendment No.6. It has been assumed that no additional documents will need to be prepared to facilitate a District requested QA/QC audit of the Consultant's work to ensure conformance with the QA/QC Plan. Tetra Tech will be required to submit a copy of the QA/QC plan and its implementation,if requested by OCSD. Task 6.8—Pertaining Tetra Tech will assist the District in obtaining the City of Tustin, City of Santa Ana, City of Irvine, Railroad and other required permits.We have assumed that new submittal packages will be required to the City of Santa Ana, City of Wine and the Railroad. For the City of Tustin, we have assumed a maximum of six (6) meetings will be required during the design process to obtain the permit for the new design. Tack 6.9—Separate Construction Bid Package for Warner and Redkill(folk may be deleted) The City of Tustin has indicated that Warner Avenue and Redhill Avenue intersection street improvements may be constructed this spring. The City prefers not to have any construction within the intersection after the street improvements are completed.The following task may be deleted if the City delays the construction of the street improvements to after the construction of the new replacement conk sewer. The following is a summary of the level of effort to prepare a separate construction bid package consisting of all of the new replacement sewer construction within the intersection to be included in the City's bid package so that the City will construct the pipeline on behalf of OCSD. • Prepare a Technical Memorandum summarizing the hydraulic analysis to detemdne if the interconnection between the book and interceptor can occur upstream of Warner Avenue, eliminating the requirement to construct within the intersection. • Prepare a plan and profile of the new replacement bond,sewer and necessary details and traffic control concepts to be included in the City's bid package. This is the additional effort to remove from the overall design package and include in a separate plan set. • Prepare a separate Construction Cost Estimate for this work. • Prepare a separate Specification package for this work including a bid schedule. • Additional submittals to Santa Ana and Tustin due to separate bid package. • Additional meetings with City of Tustin and City's designer of the street improvements. For this proposal,we have assumed an additional four(4)meetings with the City. • Additional bid support services for this separate bid package. This includes attendance in a pre-bid meeting, evaluation of the submitted bids, fumish consultation and advise to OCSD staff regarding the potential award of the Contract, and attendance in two (2) negotiation meetings with the City to discuss award of the contract Work Package 3254—Bid Support Services Task 6.10—Bid Support Services Tetra Tech will provide the following bid period services: TETRA TECH Return to Mends Report Mr.Hardat Khublall April 15.2014 Page 10 • Participate in the pre-bid meeting • Respond to questions and provide answers as appropriate and feasible. • Prepare project drawing set and project specification addenda to provide clarification and resolve ears and omissions identified prior to bid opening • Within two weeks of the bid date, prepare conformed documents set (drawings, databases, specifications and other required materials) that incorporates the addenda (see Engineering Design Guidelines, Chapter 01, Design Guidelines — General Requirements, Section 01.4 "Preparation of Project Deliverables"for requirements as modified in Section V of this Scope of Work, "Modifications to the Engineering Design Guidelines" and the requirements of the CAD Manual). • Participate in reviewing alternate equipment proposals from the contractor,if applicable. Work Package 3258—Environmental Documentation Task 6.11—Environmental Documentation(task may be deleted and performed by OCSD) Tetra Tech has reviewed the OCSD's "1999 Strategic Plan Final Program Environmental Impact Report",dated October 1999,in its final version to assess if the proposed new design is covered under this EIR.Although the EIR does analyze this project at the project level(versus the program level, as many of the 1999 EEL projects planned for later years were addressed),the current project disturbance footprint exceeds the area analyzed in the 1999 EIR, and now incorporates unpaved area along the eastern side of Red Hill between Warner and Edinger not addressed in the EIR. As indicated in the EIR for biological resources (page 7.3-1, and in Mitigation Measure 7.3-1), if the District modifies a project alignment such that unpaved vegetated area would be disturbed, the District would conduct additional California Environmental Quality Act (CEQA) review as appropriate to address potential impacts to biological resources. Term Tech proposes a limited work effort to conduct the additional CEQA review for the new design. Preparation of an Addendum to the 1999 Strategic Plan EIR is proposed. Circulation of an EIR Addendum for public review is not required, hence allowing a more compact schedule. An EIR Addendum can also be narrowly focused on those areas where changes to the original project are planned. For topical areas where project changes are proposed, such as biological resources, limited technical analysis is required to support that there has been no substantial change from the previous 1999 EIR analysis. In the 15 years since the Strategic Plan EIR was prepared,analysis of greenhouse gas(GHG)emissions has been incorporated into the CEQA checklist Conducting additional CEQA review through the preparation of an EIR Addendum is not felt to trigger the need for a GHG analysis, however. While some public commenters on other projects have made the argument that additional CEQA documentation required GHG analysis, case law has upheld that modifications to an environmental document prepared before the GHG requirement was imposed do not trigger the need for a GHG analysis. The reasoning has been that climate change was a known phenomenon in the 1980's and 1990's, and does not represent a new significant area for analysis. A technical GHG analysis is, therefore,not considered a requirement and is not included in this scope of work. The scope of work that follows consists of three tasks: TETRA TECH Mr.Harder Khublall April 15,2014 Page 11 Task 6.11.1—Project Iniff rtion and Organfzodon Tetra Tech's CEQA specialist will perform a site visit, review project plans, assess additional data requirements, and finalize the scope of work and schedule for obtaining the required CEQA clearance for the new design. Task 6.11.2—Prepare and SubmirAdminisrrnfive Draft EIR Addendum Tetra Tech will prepare a complete HER Addendum, using the CEQA checklist. The discussion will explain by topical area why the 1999 EEL analysis still applies, based on lack of substantial change from the previous analysis. As an initial step, a draft project description for the project with supporting Site Plan exhibit, based upon the site visit and review of project and reference materials, will be prepared for review by the project team to confirm its accuracy and completeness.Environmental issues from the CEQA checklist identified as requiring an expert level of technical analysis are limited to biological resources, and hazards/hazardous materials(database search and interpretation only). The following technical items will be provided to support the EIR Addendum: 1) a Geld visit by a biologist followed by a letter report addressing site and surrounding biological resource conditions,and addressing potential impacts (to be performed by subconsuimnt PCR); and 2) a database search for hazards/hazardous materials. Three hard copies and electronic Word and PDF files of the Administrative Draft EIR Addendum will be submitted to OCSD. Task 6.11.3—Prepare Revisions and Submit Draft EIR Addendum Revisions to the Administrative Draft EEL Addendum will be made in response to one set of comments by OCSD. Three hard copies and electronic Word and PDF files of the Draft EEL Addendum will be provided to OCSD. Tetra Tech will produce up to 20 copies of the Draft EIR Addendum for OCSD use and files. Task 6.11.4—Additional Technical Studies(Optional Task) To make sure there is no grounds for questions on the CEQA documentation, OCSD may consider to include the Air Quality Greenhouse Gas (AQ/GHG) emissions analysis. This will additional CEQA documentation, while not required, may be worthwhile to make sure no comments from the public would slow the project down.The following task is an optional task which can be deleted by OCSD. The additional technical studies include air quality and GHG analysis, a construction-phase technical analysis for fugitive dust and greenhouse gas emissions. Transportation/traffic and noise technical specialists will be contributing to the EIR Addendum at a general level, but no detailed, specific technical analyses for these issue amas are included in this scope of work. TETRA TECH Return to Mende Report Mr.Handal Khublall April 15,2014 Page 12 Work Package 3350—Construction Support Services(task may be deleted) Task 6.11—Construction Support Services This task is for providing construction support services for the construction of the new replacement trunk sewer within Warner Avenue and Redhill Avenue within the City's bid package. It is our understanding the Tetra Tech will provide construction support services for the bid package included within Amendment No.6 but that this scope and fee will be negotiated at a different date. This task may be deleted if Tetra Tech is not required to perform the above Task 6.9.The following is a description of the construction support services that we will provide for this separate bid package: • Perform shop drawing review of fifteen(15)submittals. • Respond to five(5)Requests for Information(RFIs). • Attend two(2)meetings with the City,Contractor and OCSD. • Prepare record drawings. Project Team The following is our proposed Project Team for this work: Sr.Project Manager: Mr.Tom Epperson,P.E. Project Manager: Mr.Mark Bush,P.E. Project Engineer: Laurence Baguette,P.E. Design Engineer: Kyle Bohn,P.E.and Molly Jewett,P.E. QA/QC: Steve Tedesco,P.E. CEQA: Emilie Johnson,AICP We have added the following subcwnsultsnts to our project team: Hydraulic Modeling: RMC Water and Environment Traffic Control Concepts: PMK Associates PCR CEQA Support Schedule The following is our preliminary schedule in complete Amendment No.6 and provide OCSD with final bid documents for the entire project: Milestones Approximate Date Notice to Proceed June 9o,2014 Update Hydraulic Analysis July 2a,2014 Obtain New CCTV July 71h,2014 Alignment Selection Memo July go,2014 Update Rehab Memo July 291h,2014 Update Bypass Memo August S1° 2014 Geotechnical Report August 261h,2014 Submit EIR Addendum September 91°,2014 TETRA TECH Mr.Hardat Khublall April 15,2014 Page 13 Submit DS3 to OCSD and City September 96,2014 Receive Comments from OCSD September 29ih,2014 Receive Comments from City October 70,2014 Submit FOS to OCSD and City November 40,2014 Receive Comments from OCSD November 240.2014 Receive Comments from City December 80,2014 The above preliminary schedule is based on timely reviews by OCSD and the City of Tustin. Basis of Fee Based on the above modified abbreviated scope of work, Tetra Tech submits the following not-to- exceed fee: Task Description Badger Work Package 3253—Design Submittal 3 and Final Design Task 6.3.1 to 6.3.5: Update Final Design Memorandums $ 65,000 Task 6.3.3 Optional GBR(Gcotechnical Baseline Report) $ 8,000 Task 6.3.6 to 6.3.9: Design Submittal 3(DS3) $ 148,500 Task 6.4: Final Design Submittal(FDS) $ 53,700 Task 6.5: Project Management $ 25,000 Task 6.6: Workshops end Meetings $ 9,000 Task 6.7: Quality Control S 15,600 Task 6.8: Permitting S 17.400 Task 6.9: Separate Bid Package at Water(Deleteable) S 17,000 Submmlfor Work Package 3252 $359,200 Work Package 3254—Bid Support Services Task 6.10: Bid Support Services $ 5,000 Work Package 3258—Environmmtal Documentation(Deleteable) Task 6.11.16.I1.3: Environmental Documentation $ 18,600 Task 6.11.4: Additional Technical Studies(Optional) $ 14,800 Submml for Work Package 3258 $ 33,400 Work Package 3350—Construction Support Services(Deleteable) Task 6.12: Construction Support Services $ 18.400 Total Not-to-Exceed Budget Amount S 416,000 Attached are the following: summary of our estimated hours per task, and other associated costs; cost summary matrix; profit summary; and assumed billing rates. We are proposing to submit monthly invoices for tasks completed with the above not-to-exceed budget. TETRA TECH Return to Aaenda Report Mr.Hardat Khublal] April 15,2014 Page 14 The following is a summary of our proposed compensation: Consulting Services Including: Burdended labor: $ 118,616 Overhead at 170%: $ 201.647 Profit(includes burdened labor and overhead)at 8.2%: 26,261 Subtotal—Consulting Services (including burdened Iabor,Overhead,and Profit,not-to-exceed): $ 346,524 Subconsultant Services: Subconsultant fees,not to exceed: $ 60,500 Direct Costs: Direct costs,n0t-t0-CXCCCd: 8 976 Total,not-to-exceed: $ 416,000 The following table summarizes our amended agreement amount: Current ConfractAmount Changeper Amended includes Amendments)- Amend No.6Azrrmaw Engineering Services (direct labor at hourly rates plus $762.120 $320,263 $1,082,383 overhead at 170%) Not to Exceed Subconsultant Fees and Costs $214,179 $ 60,500 $ 274.679 Not to Exceed Profit @ 8.2% $68,118 $ 26,261 $ 94,379 Direct Costs,N No xto 8, 6 245369T tExeeed $1,059,47 $ 9 47 ' The Current Contract Amount included above was based on the Reallocation Correspondence dated December 11,2012 which was approved by OCSD. Thank you for this opportunity to submit this proposal for your consideration. If you need any additional information,or have any questions,please do not hesitate to contact me at(949)585-1212. Sin ly, Tom Eppersovt,'— � Project Manager TLFIte PlIN2]MI30.a92]4-IOanIMojMgmUCortrsponticnc/Drah4Amendmcn�No.6 F.Pmposd Attachment TETRA TECH ITEM NO. 12 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, May 14, 2014, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on May 14, 2014, at 5:35 p.m., in the Sanitation District's Administration Building. Director Hernandez led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Brad Reese, Chair Jim Herberg, General Manager David Benavides Bob Ghirelli, Assistant General Manager Steven Choi Lorenzo Tyner, Director of Finance Tyler Diep &Administrative Services Gerard Goedhart (Alternate) Jeff Reed, Director of Human Resources Gene Hernandez Rob Thompson, Director of Engineering Prakash Narain Ed Torres, Director of Operations and Janet Nguyen Maintenance Robert Ooten (Alternate) Maria Ayala, Clerk of the Board Teresa Smith Norbert Gaia Dave Sullivan (Alternate) Mark Esquer Troy Edgar, Board Chair Al Garcia Tom Beamish, Board Vice-Chair Marco Guard! Randy Kleinman COMMITTEE MEMBERS ABSENT: Laurie Klinger John Withers, Vice-Chair Rich Spencer Mike White OTHERS PRESENT: Brad Hogin, General Counsel Anna Laliberte, Alliant Insurance Services PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Reese did not provide a report. M14/2014 Administration Committee Minutes Page 1 d 6 REPORT OF GENERAL MANAGER: General Manager, Jim Herberg, announced the following: - Reminder about the OCSD 601" Anniversary State of the District event, scheduled for May 21at. He asked the Committee members to RSVP for the event if they are able to attend. - Reminder about the harassment and discrimination training requirement. Asked that if the Directors have not already signed up, to please contact the Clerk of the Board to participate in the upcoming trainings. - Notified the Committee that the first OCSD/SAWPA Joint Policy Committee had met on May 121". SAWPA invited the OCSD Board to attend a tour of their Chino II Desalter. More information will be provided at a later date. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Director of Finance and Administrative Services, Lorenzo Tyner introduced OCSD's new Risk Manager, Marco Guardi. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the April 9, 2014 Administration Committee Meeting. AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez, Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate), Reese and Smith NOES: None ABSTENTIONS: None ABSENT: Sullivan (Alternate) and Withers. 2. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Approve not-to-exceed numbers as follows, with the understanding that the Sanitation District's insurance broker will continue to negotiate with insurers to seek the lowest possible premiums prior to the expiration date of the current major insurance policies: 05/14/2014 Administration Committee Minutes Page 2 of 6 A. Excess liability insurance - $390,224; and B. Excess workers compensation insurance - a rate of$0.3408 per$100 of payroll (estimated premium at $223,000); and C. Property and Boiler & Machinery combined - $705,830. AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez, Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate), Reese and Smith NOES: None ABSTENTIONS: None ABSENT: Sullivan (Alternate) and Withers. 3. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: A. Authorize the General Manager to enter into contracts for Temporary Employment Services (Specification No.CS-2009-421BD) for a one-year period (July 1, 2014 through June 30, 2015), for a total amount not to exceed $550,000 per year, with a 5% annual aggregate escalation factor, with four one-year renewal options; and B. Authorize the General Manager to add or delete such firms as necessary to meet work requirements as identified by the Human Resources Department. AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez, Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate), Reese, Smith and Withers NOES: None ABSTENTIONS: None ABSENT: Sullivan (Alternate) and Withers. 05/14/2014 Administration Committee Minutes Page 3 of 6 4. Receive and file District purchases made under the General Manager's authority for the period of January 1, 2014 — March 31, 2014. AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez, Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate), Reese and Smith NOES: None ABSTENTIONS: None ABSENT: Sullivan (Alternate) and Withers. Chair Reese announced that the Committee would hear Agenda Item No. 6 at this time. 6. FY 2014-15 Benefits Program Renewal Costs Jeff Reed, Director of Human Resources, and Rich Spencer, Human Resources Manager, gave a brief report on benefits renewal costs and premium changes and stated that due to fees (pass-through costs) mandated by the Affordable Care Act, the cost of insurance coverage will increase by 4.5% for the next fiscal year. Alternate Director Dave Sullivan arrived at 5:39 p.m. NON-CONSENT CALENDAR: Mr. Tyner gave a brief explanation of how the proposed amendments to Ordinance No. OCSD41 would affect business rate payers' claims. The Committee had various questions regarding how the businesses are notified, the time period for claims to be filed after the amendments take effect, how claims are submitted, etc. Staff responded to questions accordingly. 5. Recommend to the Board of Directors to: A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District amending Section 2.03 of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of Sanitary Sewer Service Charges."; and B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on May 28, 2014; and C. Set June 25, 2014 for the second reading and adoption of Ordinance No. OCSD-XX; and OS 14/2014 Administration Committee Minutes Page 4 of 6 D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez, Goedhart (Alternate), Narain, Ooten (Alternate), Reese, Smith and Sullivan (Alternate) NOES: Nguyen ABSTENTIONS: None ABSENT: Withers INFORMATION ITEMS: 7. Post March 28, 2014 Earthquake Activities Mr. Tyner presented information on the District's Integrated Emergency Response Plan (IERP). He explained the appropriate level of response that was put into effect after the recent earthquakes, and further explained that the District has a series of steps to go through in the event there is an emergency. 8. OCSD Reserves, Investments and Financial Management Policies Mr. Tyner presented an informational PowerPoint Presentation regarding: four major categories of revenues; user fees; debt issuances; operating contingency fees; seven major criteria for reserves; and funds management. He explained the RFP process for the selection of a new Investment Advisor and Investment Manager. He clarified that the Advisor and the Manager could not be the same firm. Mr. Tyner answered questions from the Committee regarding: Pimco's performance and fee structure; possibly changing to a fee structure linked with performance; unfunded liability and excess reserves. Director Benavides departed the meeting at 6:15 p.m. Director Nguyen departed the meeting at 6:20 p.m. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Choi invited everybody to attend the Korean Festival in Irvine on May 17th. 05/14/2014 Administration Committee Minutes Page 5 of 6 ADJOURNMENT: Committee Chair Reese declared the meeting adjourned at 6:25 p.m., to the next regularly scheduled meeting of June 11, 2014. Submitted by: Maria E. Ayala Clerk of the Board 05/14/2014 Administration Committee Minutes Page 6 of 6 ADMINISTRATION COMMITTEE Meeting Dare TOBA.Of Dir. 05/14/14 OS/2B/14 Item AGENDA REPORT N Number Item Nu bar 2 Nu Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance &Administrative Services SUBJECT: 2014-15 Operational Insurance Renewals GENERAL MANAGER'S RECOMMENDATION Approve not-to-exceed numbers as follows, with the understanding that the Sanitation District's insurance broker will continue to negotiate with insurers to seek the lowest possible premiums prior to the expiration date of the current major insurance policies: A. Excess liability insurance - $390,224; and B. Excess workers compensation insurance - a rate of$0.3408 per$100 of payroll (estimated premium at $223,000); and C. Property and Boiler& Machinery combined - $705,830. SUMMARY The Sanitation District budget provides funds for the renewal of the following four major insurances for District operations: 1. Excess General Liability Insurance 2. Excess Workers' Compensation 3. All-Risk Property and Flood insurance 4. Boiler& Machinery insurance These insurance policies expire each June 30, and the Sanitation District's insurance broker works with staff to procure renewals at the best rates available. The Committee in the past has asked that the insurance broker present not-to-exceed numbers in May rather than in June, so that the Committee is not presented with numbers at the very last minute. The insurance broker's letter and not-to-exceed rates are attached, along with the informational Agenda Report presented to the Committee in April 2014. PRIOR COMMITTEE/BOARD ACTIONS June 2013 - The Board approved renewal of the above policies for the period July 1, 2013 through June 30, 2014. Page 1 of 2 ADDITIONAL INFORMATION N/A ATTACHMENT: The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package and attachments: Renewal Estimates from Alliant 2013-2014 Premiums Spreadsheet • Status of 2014-2015 Insurance Renewals Agenda Report from 4/9/2014 Administration Committee Meeting Page 2 of 2 A4/liant DRIVER SPECIALTY GROUP April 30, 2014 Mr. Randall Kleinman Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 2014-2015 Insurance Pricing Indications Dear Randy: Attached please find the requested "not to exceed" renewal premium estimates for each line of coverage renewing at July 1. As in prior years, it is a bit too early to provide finn renewal proposals at this time,but we suspect to have finalized numbers by mid May. This year we are expecting a slight rate decrease in the Property program, which matched with a slight TIV increase should result in a near flat premium calculation as compared to 2013. The Excess Liability is also expected to renew with nothing more than an inflation increase of perhaps 4% to 5%. As mentioned at the April Administration Committee meeting, we continue to feel pressure from in the Excess Workers' Compensation arena as there is no let up in expected increases in the provision of medical care. This year, the CSAC-EIA board decided to increase the confidence level of the program from 75%to 80% as a hedge, and this is generating a 6% increase over the actuarial projections of some 6% and this coupled with a bit of payroll growth in causing our premium expectation to run some $25,000 over the expiring program. Nominal dollar increases are expected in the both the Crime and Watercraft coverages. In order to be sure that the renewal program offered is as competitive as possible, we are currently deep in the in the process of shopping OCSD's coverages to various carriers that write public utility risks, and the results of this process will be detailed in a marketing reported to be provided upon completion. We look forward to discussing the programs in more detail at your convenience. Very truly, la+ D 's u Senior Vice Presid (415)403-1421 direct (415)402-0773 fax dmuloueenevnalliamcom Alliant Insurance Services,Inc. • 100 Pine Sheet, 1 F"Floor•San Francisco,CA 94111 Panne(415)403-1400•w .allian6nsurancexom•License No.OC36861 OCSD 2013 Renewal Indications Dollar Percent Excess Liability 2013 2014 Change Change 1 st Excess - Security National Limit 10,000,000 10,000,000 - - SIR 250k/500k 250k/500k - - Premium 255,795 268,585 12,790 5% 2nd Excess - Starr Limit 20,000,000 20,000,000 Premium 120,000 121,639 1,639 1% Total Premium 375,795 390,224 14,429 4% o at ercent Excess Workers' Comp 2013 2014 Change Change Payroll 64,382,500 65,431,701 1,049,201 2% Limit Statutory Statutory Rate Per$100 0.3073 0.3408 0 11% SIR 750,000 750,000 - 0% Premium 197,868 223,000 25,132 13% Dollar Percent Property-Boiler&Machinery 2013 2014 Change Change Values 1,807,738,094 1,864,345,724 56,607,630 3% Rate Per$100 0.03903 0.03786 (0) -3% Premium 705,566 705,830 264 0% Dollar Percent Crime 2013 2014 Change Change Premium $ 3,961 4,100 139 4% Dollar Percent Watercraft 2013 2014 Change Change Hull&Machinery 30,612 33,673 3,061 10% Vessel Pollution 1,250 1,375 125 1 31,862 35,048 3,186 10% "Attachment" ADMINISTRATION COMMITTEE NeebngDate To ad.ofDir. 04,09,14 -- AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance &Administrative Services SUBJECT: STATUS OF 2014-15 INSURANCE RENEWALS GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY Historically, the Administration Committee has asked for status updates regarding the renewals of major insurance policies each year. The Risk Management Division and the Sanitation District's operational insurance broker begin the process of renewal each January, and final quotes are typically received in June shortly before the beginning of the new fiscal year. The Sanitation District budget provides funds for the renewal of the following four major insurances for District operations: 1) Excess General Liability Insurance 2) Excess Workers' Compensation 3) All-Risk Property and Flood insurance 4) Boiler& Machinery insurance PRIOR COMMITTEE/BOARD ACTIONS June 2013 — The Board approved renewal of the above four policies for the period July 1, 2013 through June 30, 2014. ADDITIONAL INFORMATION 1) Excess General Liability Insurance Program The Sanitation District's Excess General Liability Insurance Program is currently provided through the California Municipal Excess Liability Program (CAMEL) and its sister program, the Alliant National Municipal Liability Program (ANML). The Sanitation District has participated in the CAMEL program since FY 1996-97. Page 1 of 4 "Attachment" ADDITIONAL INFORMATION (cont'd) This program currently provides the Sanitation District with a $30 million policy of comprehensive coverage for municipal liability, bodily injury and property damage, and personal injury. The program was structured to also include Employment Practices, and Public Officials Errors & Omissions coverage. The $30 million coverage has a self-insured deductible of $250,000 per occurrence and $500,000 deductible for employment practices claims. Since 1997, the Employment Practices portion of coverage has been enhanced from a $2 million sub-limit to the full $30 million policy limit. The actual insurance coverage currently consists of two separate layers. The first layer is the "Basic" $10 million program with self-insured retention of $250,000. The second layer is $20 million of coverage in excess of the first layer of$10 million. The premium for 2013-14 was $371,642. 2) Excess Workers' Compensation Insurance The Excess Workers' Compensation insurance coverage is with the California State Association of Counties Excess Insurance Authority (CSAC EIA). The Sanitation District has participated in this program or its predecessor since 2003. Excess Workers' Compensation Program currently provides so-called "Statutory" (unlimited) coverage with a self-insured retention (SIR), or deductible, of$750,000. The use of Excess Workers' Compensation Insurance dates back to the late 1980's. At that time, the Fiscal Policy Committee approved an SIR, or deductible, of $250,OOO, for such coverage. Due to the hardening of the workers' compensation market, this deductible was raised to $500,000 beginning in FY 2002-03 through a policy with Employers Reinsurance Corporation (ERC) that provided coverage at the time of $25 million with a self-insured retention (SIR), or deductible of$500,000. Some additional risk may be associated with the CSAC EIA joint powers authority in that a premium surcharge can be assessed to individual members if an unusually large number of losses were to occur outside of the actuarial evaluation estimates. However, historically the CSAC EIA premiums for excess workers compensation have been so much less than competing quotes available to the Sanitation District that even if there were a surcharge, the cost might still continue to be cheaper. The renewal of the Excess Workers' Compensation Insurance for the period July 1, 2013 through June 30, 2014 was at a rate of .00307. This premium rate generated an estimated premium of approximately $198,000 based on the estimated 2013-14 payroll. Since the premium itself is based on final payroll, the Sanitation District will not know the exact final premium until the year is over. Page 2 of 4 "Attachment" ADDITIONAL INFORMATION (cont'd) 3) All-Risk Property and Flood Insurance The All-Risk Property and Flood Insurance Program (Property Insurance) provides for comprehensive coverage for most of the Sanitation District's real and personal property regarding virtually all perils including fire, flood, and business interruption. The Sanitation District previously carried earthquake insurance as part of its Property Insurance, but in the last few years earthquake insurance has been impossible to obtain or not cost-effective. Current Property Insurance limits are $1 billion for most perils other than flood and earthquakes, and $300 million for flood, with many sub-limits for various situations. In order to reach $1 billion in limits, the broker had to arrange for more than a dozen different insurers. The SIR is $250,000 per occurrence for most types of losses. Since the late 1990's, the Property Insurance has been with a nationwide joint purchase property insurance program called Public Entity Property Insurance Program (PEPIP), one of the world's largest property programs. It is important to note that this joint purchase property insurance program offers the purchasing power of numerous large public entities without the pooling or sharing of coverage or losses. The renewal of All-Risk Property and Flood Insurance for the period July 1, 2013 through June 30, 2014 was at a premium of$681,286. 4) Boiler& Machinery Insurance The Boiler & Machinery insurance program provides comprehensive coverage for loss caused by machinery breakdown and explosion of steam boilers or other covered process equipment, including damage to the equipment itself and damage to other property caused by covered accident. The current Boiler & Machinery insurance program provides coverage ($100 million per occurrence with deductibles ranging from $25,000 to $350,000) for losses caused by covered machinery breakdown (e.g., motors, steam turbines, digesters, co-gen engines). Damages to the equipment, as well as damages to other property and improvements caused by the machinery breakdown, are covered by the boiler & machinery insurance. This program augments the Sanitation District's all-risk property insurance that covers perils such as fire and flood. The renewal of the Boiler & Machinery Insurance Program for the period July 1, 2013 through June 30, 2014 was at $24,280. Page 3 of 4 "Attachment" CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS None Page 4 of 4 ADMINISTRATION COMMITTEE Neeting/ta Date T1.1 IDir. os/t4s/zs/ta Item AGENDA REPORT N Number Item Nu bar 3 Nu Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: TEMPORARY EMPLOYMENT SERVICES GENERAL MANAGER'S RECOMMENDATION A. Authorize the General Manager to enter into contracts for Temporary Employment Services (Specification No.CS-2009-421BD) for a one-year period (July 1, 2014 through June 30, 2015), for a total amount not to exceed $550,000 per year, with a 5% annual aggregate escalation factor, with four one-year renewal options; and B. Authorize the General Manager to add or delete such firms as necessary to meet work requirements as identified by the Human Resources Department. SUMMARY • Orange County Sanitation District's (OCSD) strategic staffing plan includes utilizing full-time and part-time regular employees, contract employees, and temporary employees. This report specifically focuses on temporary services employees who are utilized as a supplement to the regular workforce for accommodating workload demands and workflow fluctuations. • The key advantage associated with temporary staffing is flexibility, since temporary employees are used for adjusting staffing levels quickly and for a limited timeframe. Temporary services are utilized for filling approved budgeted positions due to illness, vacations, leaves of absence, and vacant open positions; in addition, temporary services are also used for approved special projects and budgeted capital improvement projects (CIP)that are non-engineering related. • In June 2004, the Board of Directors awarded contracts for Temporary Employment Services for a period of one year, renewable for a period of four years. The Board of Directors authorized staff to utilize a combination of several firms to supply temporary services to OCSD in order to provide staffing flexibility and to comply with the OCSD Purchasing Resolution. These contracts expired on June 30, 2009. Fiscal Year Amount 2014 —2015 $550,000 2013—2014 $400,000 2012 —2013 $450,000 Page 1 of 4 2011 -2012 $269,000 2010 —2011 $424,200 2009—2010 $760,020 2008 -2009 $1,700,000 2007-2008 $1,700,000 PRIOR COMMITTEE/BOARD ACTIONS • April 2013 — Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $364,000 per year, for a one-year period (July 1, 2013 through June 30, 2014), with a one-year renewal option. A $36,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. • May 2012 — Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $405,000 per year, for a one-year period (July 1, 2012 through June 30, 2013), with a one-year renewal option. A $45,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. • December 2011 — Board approved to increase the Temporary Employment Services (Specification No. CS-2009-4216D) funding of $150,000 by $119,000 with temporary service firms for a new total amount not to exceed $269,000 for the remainder of the fiscal year (through June 30, 2012). • June 2011 — Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $126,000 per year, for a one-year period (July 1, 2011 through June 30, 2012), with a one-year renewal option. A $24,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. • June 2009 - Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $450,000 per year, for a one-year period (July 1, 2009 through June 30, 2010), with a one-year renewal option. A $50,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. ADDITIONAL INFORMATION The proposed FY14/15 Operating budget for temporary services is $550,000 for unplanned staffing needs that adversely impact OCSD staffing resources such as Page 2 of 4 Leaves of Absences (LOA's), promotions, and separations of employment. The contingency fund is being requested based on prior committee actions mentioned above where staff had to request periodic increases for the use of temporary services for CIP projects. This was due to CIP projects being initiated and approved by the Board during the fiscal year; however, appropriate staffing was not pre-planned during the initial budget process. There are approximately 4 temporary employees currently assigned to OCSD working predominantly on general administrative support and Information Technology assignments. Information Technology utilizes temporary staffing to support streamlining and automating of processes throughout the agency so that budgeted headcount does not need to be increased; in addition, the appropriate technical specialists can be utilized to augment existing skill sets as needed and for a limited time. The Facilities Engineering and Maintenance divisions are utilizing temporary staffing while current full time staff is away due to disability leaves of absence. OCSD currently utilizes 10 temporary services agencies to provide temporary workers on an as-needed basis to accomplish OCSD work requirements. The agencies are listed below: 1. Aerotek Inc.: (General, Engineering, Laboratory) 2. AppleOne Employment Services: (General) 3. Material and Contract Services - Procurement Services Associates: (Contract Services) 4. On Assignment Staffing Services- Lab Support: (Laboratory) 5. TEG Staffing: (Human Resources) 6. TekSystems: (Technical) 7. Project Partners: (Technical) 8. Xvon Business Solutions: (Technical) 9. Robert Half, Inc. 10. Procurement Services Associates The cost of a temporary employee includes the temporary's hourly rate. A mark-up rate is the "payment" to the temporary agency to cover the benefits provided to the temporary worker and overhead costs of the temporary agency. The mark-up rates for the current temporary agencies utilized by OCSD range from 30% to 70%. OCSD anticipates utilizing additional technical agencies in the future to meet departmental needs; therefore, staff is requesting authorization to enter into similar temporary services agreements with other providers without having to return to the Board to approve each additional staffing agency. Human Resources staff interviews each temporary agency prior to entering into a contract for services to ensure administrative requirements are met for doing business with OCSD. Temporary agencies work with Purchasing to sign applicable forms and agree to the proper insurance and employment practices prior to entering into a contract with OCSD. The Page 3 of 4 contract includes specific information related to work hours, billing rates, invoicing and payment, confidentiality, etc. Award Date: 06./24/09 Contract Amount: $550.000/year Contingency: $27,500/year (5.0%) CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package and attachments: Draft Temporary Services Agreement (6 Pages) Page 4 of 4 Return to Mende Report TEMPORARY SERVICES AGREEMENT THIS AGREEMENT is made and entered into, to be effective July 1, 2014 by and between ORANGE COUNTY SANITATION DISTRICT having a principal place of business at 10844 Ellis Avenue, Fountain Valley, California, 92708 (hereinafter referred to as "OCSD") and having a principal place of business at (hereinafter referred to as "Company"), collectively referred to as the"Parties". Company represents that it has expertise providing Support Staffing services ("Services"). Based on Company's expertise and experience, OCSD wishes to temporarily engage the Services of Company, and in consideration of the covenants and agreements set forth herein,the Parties agree as follows: 1. Engagement of Company a. OCSD hereby engages Company to provide Assigned Employees to perform Services and Company accepts the engagement, and agrees to provide the Assigned Employees to perform Services upon the terms and conditions set forth herein. OCSD agrees that it is responsible for managing the work and work product assigned to the Assigned Employees. Notwithstanding the foregoing, the Assigned Employees shall be employees of Company, and Company shall remain the legal employer of the Assigned Employees placed with OCSD for all purposes, including responsibility for (i) hiring, evaluating, rewarding, terminating or disciplining the Assigned Employees; (ii) paying all federal, state, and local labor and employment taxes; and (iii) calculation of wages, and unemployment and workers compensation insurance. b. The services provided by SERVICE PROVIDER under this Agreement shall not create an employer/employee relationship. c. SERVICE PROVIDER, all its employees, officers, independent contractors, and/or agents shall only be entitled to the compensation provided for in this Agreement and shall not be eligible to receive any other benefits from OCSD. d. Company shall be responsible for providing, at Company's expense, worker's compensation or other insurance as well as all licenses and permits usual or necessary for conducting the Services hereunder. Company shall be obligated to pay any and all applicable local, state and federal payroll and other taxes incurred as a result of fees hereunder. Company hereby indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Company's breach of this provision. 2. Assigned Employees a. Assigned Employees are defined as the person or persons employed by the Company and temporarily assigned to OCSD to perform temporary Services as described under this Agreement. b. Company shall be responsible for assigning employees as exempt or nonexempt per the Guidelines set by the Federal Government. Exempt employees will not be eligible for overtime nor will their pay be deducted for absences of less than one day. Temporary Services Agreement 1 of 7 Orange County Sanitation District c. OCSD reserves the right to require Assigned Employees to sign an acknowledgement as to their understanding that they are employees of the Company and not of OCSD and that they shall not be entitled to any benefits accorded to those individuals listed on OCSD'S payroll. 3. Work Hours Company shall provide Services to OCSD for up to five (5) days per week, eight (8) hours per day or a 9/80 schedule which is eight(8)—nine (9) hour days and one(1)- eight(8)hour day in a two week period at the discretion of OCSD. Additional hours above the forty (40) hours per week or eighty (80) hours in two weeks may be worked if prior written approval is obtained from OCSD. Assigned Employees shall work on site generally between OCSD'S business hours of 6:00 a.m.to 5:00 p. m,with one hour set aside each of these days as non-compensated personal time. Company agrees to act in good faith for the duration of the Agreement unless terminated sooner in accordance with the provisions of this Agreement. 4. Company's Representations In the performance of the Services under this Agreement, Company shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence. Company agrees to comply with all applicable Federal, State and local laws and regulations. 5. Billing Rates a. At the time Company submits resumes to OCSD for consideration, Company shall be required to supply the billing rates of each of the candidates. Billing Rates shall be in accordance with the hourly rate billing range in Exhibit B. b. OCSD reserves the right to negotiate billing rates with Company. OCSD, at its sole discretion, shall be the determining party as to whether billing rates submitted are acceptable for any position required. c. Any changes in billing rates shall have the prior written approval of OCSD. OCSD, at its sole discretion, reserves the right to refuse any increases other than those mandated either by state or federal law. 6. Invoicing and Payment a. Company shall submit invoices to OCSD'S Accounts Payable Division on a monthly basis for Services performed. Company shall support each invoice with time sheets, approved by OCSD, for Services performed. Invoices shall include the Purchase Order Number and shall be submitted for approval to OCSD at the above-referenced address. After OCSD has approved the invoice, payment will be due within thirty (30) days of receipt of the invoice. b. OCSD shall have fifteen (15)days after the date of invoice receipt to contest in good faith the amounts and items charged. If uncontested amounts remain unpaid for thirty (30) days or more, Company may discontinue Services until such amounts are paid. c. Company acknowledges and understands that Company, all of its employees, officers, independent contractors, and/or agents shall only be entitled to payments for Services performed and shall not be entitled to any other benefits from OCSD. Temporary Services Agreement 2 of 7 Orange County Sanitation District Return to Mende Report 7. Agreement Period a. Services to be provided by Company under this Agreement shall commence on and run through b. OCSD reserves the right to renew this Agreement annually for up to four (4) additional years upon approval and written agreement of OCSD and Company. OCSD makes no obligation to extend or renew. All renewals may be exercised through the Amendment and Purchase Order process. 8. Billing Reports Company shall be required to submit a report each month to OCSD'S Human Resources Department that includes Assigned Employee(s)name(s), project number(s), bill rate(s), pay rate(s)and hours worked. 9. Expenses OCSD shall reimburse Company for reasonable out-of-pocket expenses incurred by Assigned Employees required and actually incurred in performing services, provided the Company and/or Assigned Employees have obtained OCSD's prior written approval and submits supporting documentation satisfactory to OCSD. If Assigned Employees are required to travel, they must first obtain Company and OCSD'S written consent. Time spent in local travel to and from home to OCSD'S plant sites shall not be considered time worked and shall not be compensated. 10. Audit Rights Company agrees that, during the term of this Agreement 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 Company relating to the invoices submitted by Company pursuant to this Agreement. 11. Ownership of Intellectual Property a. Company agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OCSD as its sole and exclusive property. Company agrees to promptly disclose to OCSD all such New Developments. Upon OCSD'S request, Company agrees to assist OCSD, at OCSD'S expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Company agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and Confidential Information. b. Company warrants that Company has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 12. Confidentiality and Non-Disclosure Temporary Services Agreement 3 of 7 Orange County Sanitation District a. Company acknowledges that in performing the Services hereunder, OCSD may have to disclose to Company orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort. As used herein, the term "Confidential Information" means any scientific or technical data, marketing, operating, financial, business or any other information, design, process, procedure, formula or improvement in written, printed, graphic, or electronically recorded materials, that is commercially valuable to OCSD and not generally known in the industry. Company further acknowledges that the Services and any deliverables may incorporate Confidential Information. Company agrees that all items of Confidential Information are proprietary to OCSD and shall remain the sole property of OCSD. b. Company agrees as follows: I. To use the Confidential Information only for the purposes described herein;to not reproduce the Confidential Information; to hold in confidence and protect the confidential Information from dissemination to and use by anyone not a party to this Agreement; and to not use the Confidential Information to benefit itself or others. ii. To restrict access to the Confidential Information to personnel of Company who (i) have a need to have such access and (ii) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. III. To return all Confidential Information in Company's possession upon termination of this Agreement or upon OCSD'S request,whichever occurs first. iv. To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. c. The provisions of this Paragraph shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 13, Insurance Company shall purchase and maintain, throughout the life of this Agreement, disability insurance as well as other insurance as defined in the Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "A"). Company shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD. Failure to maintain required insurance coverage shall result in termination of this Agreement. 14. Indemnification To the fullest extent permitted by law, Company shall indemnify, defend, protect and hold harmless OCSD and all of OCSD's officials, officers, directors, employees, consultants, and agents (collectively the "Indemnified Parties"), from any and against any and all claims, damages, liabilities, causes of action, suit, arbitration award, losses, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys'fees, disbursements and court costs; individually, a "Claim", collectively, "Claims") which may arise from, result from, or are related to Company's negligence, recklessness, or willful misconduct in performing the Services, or any breach or failure of Company to perform its Services contained in this Agreement. 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. 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." Temporary Services Agreement 4 of 7 Orange County Sanitation District Return to Mende Report 15. Smoking Smoking is only allowed in designated areas. Smoking is not allowed in any building, electrically classified area or process area where methane gas may be present. Lack of compliance with OCSD Smoking policy will be cause for removal of offending personnel from the site, termination of the Agreement,or both. 16. Warrantees There are no warranties, expressed or implied, except as expressly set forth herein. 17. Conflict of Interest Company affinns that to the best of its knowledge there exists no actual or potential conflict between Company's families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change. 16. No Solicitation of Employees No referral fee will be paid to Company for a referral which leads to the employment of the candidate with the OCSD if such employment commences more than ninety(90) days after the date stamp appearing on the candidate's resume submitted by or through Company, unless written extension has been given by OCSD'S Human Resources Department. 19. Termination a. OCSD reserves the right to terminate this Agreement, in whole or in part, without cause, at any time, by written notice to Company. Upon receipt of a termination notice, Company shall immediately discontinue all work under this Agreement(unless the notice directs otherwise). OCSD shall thereafter, within thirty(30) days, pay Company for work performed (cost and fee)to the date of termination. Company 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 Company other than for work performed to the date of termination. b. OCSD reserves the right to end an assignment with Assigned Employee(s), without or without cause, at any time by notifying Company and Company shall replace the assigned employee if requested by OCSD. In terminating an assignment with one or more Assigned Employee(s), OCSD shall not discriminate on the basis of race, religion, national origin, gender or other unlawful basis. In the event such termination is effected, the Assigned Employee shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). c. OCSD may also immediately cancel for default of this Agreement in whole or in part by written notice to Company: I. if Company becomes insolvent or files a petition under the Bankruptcy Act; or it. if Company sells its business;or iii. if Company breaches any of the terms of this Agreement;or iv. if such breach is capable of cure and if the Company fails to cure the default within thirty(30)days. d. All OCSD property in the possession or control of Company shall be returned by Company to OCSD on demand, or at the termination of this Agreement, whichever Temporary Services Agreement 5 of 7 Orange County Sanitation District occurs first. 20. Damage to OCSD's Property Any OCSD property damaged by Company will be subject to repair or replacement by Company at no cost to OCSD. 21. Drug-Free Workplace Company and all its employees and sub-consultants must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357. 22. Governing Law a. 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. b. 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. 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, or three 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 anyjudgment issued therein. 23. Modifications This Agreement may not be modified, changed or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 24. Assignment This Agreement and the rights, duties, and obligations hereunder may not be assigned by Company without the prior written consent of OCSD. 25. Partial Invalidity 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. Temporary Services Agreement 6 of 7 Orange County Sanitation District Return to Aaenda Report 26. Nonexclusive Agreement This Agreement is not exclusive to Company. OCSD reserves the right to enter into similar or like agreements with other companies. 27, 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. This Agreement is intended by the Parties as the final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. 28. Notices Any notice required to be given hereunder shall be deemed to have been given either when served personally, by facsimile, or when sent by first class mail addressed to the Parties at the addresses set forth in this Agreement: DISTRICT: Chris Yates, C.P.M., CPPB Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 COMPANY: IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above at Fountain Valley, California. ORANGE COUNTY SANITATION DISTRICT Dated: By: Contracts/Purchasing Supervisor Dated: By Print Name and Title IRS Employer's I.D. Number Temporary Services Agreement 7 of 7 Orange County Sanitation District ADMINISTRATION COMMITTEE Neeting/ta Date T1.1 IDir. os/tas/zs/ta Item AGENDA REPORT N Number Item Nu bar s Nu Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: ORDINANCE NO. OCSD-46 AMENDING SECTION 2.03 OF ARTICLE II OF ORDINANCE NO. OCSD-41 CONCERNING REBATES AND REFUNDS OF SANITARY SEWER SERVICE CHARGES. GENERAL MANAGER'S RECOMMENDATION A. Introduce Ordinance No. OCSD-46, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District amending Section 2.03 of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of Sanitary Sewer Service Charges."; and B. Motion to read Ordinance No. OCSD-46 by title only and waive reading of said entire Ordinance on May 28, 2014; and C. Set June 25, 2014 as the date for the second reading and adoption of Ordinance No. OCSD-46; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. SUMMARY Ordinance No. OCSD-41 establishes the District's Sanitary Sewer Service Charges. Section 2.03 of Ordinance No. OCSD-41 establishes exemptions to the charges and provides procedures for District customers to request adjustments to the charges applicable to their properties in the form of rebates. Ordinance No. OCSD-41 further provides procedures for seeking refunds for amounts incorrectly paid or charged. Proposed Ordinance No. OCSD46 restates Section 2.03 and adds definitions to more clearly define the difference between rebates and refunds, and to shorten the limitations period pertaining to rebates. PRIOR COMMITTEE/BOARD ACTIONS March 2013—Adoption of Ordinance No. OCSD-41 Page 1 of 2 ADDITIONAL INFORMATION In 2013, as part of its rate adjustment process, the District sent notices to approximately 550,000 parcel owners, including nearly 50,000 non-residential property owners. These notices include information on how parcels owners can apply for a rebate or refund. The notice states: "Non-residential users that have substantially lower than average water use are eligible for a reduced charge. if you think you qualify, please visit our website, www.ocsd.corn to obtain a claim forms for a rebate or refund." In addition to the notices, this information is permanently posted on the District's website. Proposed Ordinance No. OCSD-46 revises Section 2.03 of Ordinance No. OCSD-41 as follows: • It defines "Rebates" as the difference between the original service charge paid by a property owner and the recalculated service charge for the property based on water use. The District's service rates for different property uses are based on the average water use of the properties, which directly correlates to sewer use on the properties. For example, vacant properties pay 0% of the established rate; Golf courses pay 41% of the established rate per thousand square feet of improvements; and coin operated car washes pay 151% of the established rate per thousand square feet of improvements. The property uses classifications are based on the property use codes provided by the County Assessor or by site inspections performed by staff. If the property owner can prove that the actual water usage on the property does not have a direct correlation to its sewer usage, the property owner may apply for a rebate, which will allow the District to adjust the charges assessed to it. • It defines "Refunds" as the difference between the original service charge paid by a property owner and the corrected service charge when the original charge was billed erroneously. Refunds are different from "rebates" because they do not take into account actual water consumption. Refunds are simply requests for reimbursement of erroneously paid charges due to incorrect billing information. • It shortens the period for requesting rebates from four years to two years from the date that the roll is submitted to the County Auditor/Controller. This effectively limits rebates to the current fiscal year and one fiscal year back. Rebates are subject to the California Tort Claims Act, which authorizes the District to limit the time within which to submit a claim for a rebate to one year. • It provides that rebates or additional adjustments to service charges are not available when a rebate or adjustment has already been granted in a prior fiscal year. • It clarifies that a "year" is a fiscal year consistent with the established annual charges and the District's fiscal year, commencing on July 1. Page 2 of 2 • Claims for refunds will continue to be limited to four years because this period is governed by other State statutes that establish four years as the limitations period for seeking refunds. The revisions to Section 2.03 of Ordinance No. OCSD-41 are shown in redlines in the attached proposed Ordinance No. OCSD-46. CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE Ordinance No. OCSD-46 is expected to reduce rebate requests to the District thereby saving processing costs. ATTACHMENT The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website (mm w.ocsd.com) with the complete agenda package: • Redline Version Draft Ordinance No. OCSD-46 • Draft Ordinance No. OCSD-46 • Ordinance No. OCSD-41 Page 3 of 2 Return to Mende Report ORDINANCE NO. OCSD-XX AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING SECTION 2.03 OF ARTICLE II OF ORDINANCE NO. OCSD-41 CONCERNING REBATES AND REFUNDS OF SANITARY SEWER SERVICE CHARGES. WHEREAS, the Board of Directors adopted Ordinance No. OCSD-41 on March 27, 2013, establishing revised sewer service charges; and WHEREAS, the Board of Directors wishes to revise Section 2.03 of Article II of Ordinance No. OCSD41 to more clearly define the difference between rebates and refunds, and adjust the limitations period pertaining to rebates. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Section 2.03 of Article II of Ordinance No. OCSD41 is hereby amended as follows: Section 2.03. A. Exemptions. It is the intent of the District that the legal owner(s) of parcels of real property, otherwise subject to the levy and payment of the Sewer Service Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said charges, in certain circumstances and under conditions prescribed herein, and be entitled to either a rebate or a refund with respect to charges paid, as more specifically set forth in Subparagraphs 2.03E and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs 2.03E or 2.03C. B. Application for Rebate. (1) A "rebate" is the difference between the original service charge paid by a property owner and the recalculated service charge for the property based on water use as provided herein. (2) Any property owner, or legally recognized authorized representative of the property owner, may apply to the District for a rebate of Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his/her designee, that an inequity exists between the amount of the charge paid and the amount of wastewater discharged to the District's system, resulting in an unfair valuation. Satisfactory proof shall establish that either: (4a) The principal water use is agricultural or horticultural; or 1 991039.3 (2b) The property is devoted to any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. (3) Satisfactory proof shall include, but not be limited to, documentation showing actual water usage for each billing cycle during the entire period for which the rebate is sought. (4) The amount of any rebate shall not reduce the charge payable by any property owner, whose property is connected to the District's system, to less than the single family residential charge shown on the applicable Table attached hereto. (5) Once a rebate or adjustment to a service charge is granted, additional rebates or adjustments will not be granted in the same year unless the property was vacant for the entire year. C. Application for Refund. (1) A "refund" is the difference between the original service charge Paid by a property owner and the corrected service charge when the original charge was billed erroneously. (2) Any property owner (as used herein, includes any person who paid the sewer service charges), or legally recognized authorized representative of the property owner, may apply to the District for a refund of Sewer Service Charges paid to the District by establishing that the amount paid was pursuant to an error in the amount billed or the amount paid. The applicant for a refund must submit proof satisfactory to the General Manager of the District, or his/her designee, that a billing error has been made by the District, or the County Tax Collector. Such proof shall include, but not be limited to, proof that: (4a) The owner's parcel of property is not connected to the District's system; or (2b) The property has not been classified in the proper property use classification code; or (3c) A clerical error has been made. D. Limitations Period. Raven P n Tnxnt on Cricip Sect'o g SON and 5097 (1) Applications for rebates shall be deemed a claim and be governed by the provisions of California 2 991039.3 Return to Mende Report Government Code Sections 935 at seq., and shall be presented to the District as provided in the Government Tort Claims Act, Government Code Sections 915 at seq., not later than four-(4)-years-two (21-years after the submission of the roll to the County Auditor/Controller, and the claim for rebate may only be made with respect to amounts paid or payable under such property tax bill. A claim for rebate is not deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and 5097 are not applicable. (2) Applications for refunds shall be deemed to be governed by the provisions of California Revenue &Taxation Code Sections 5096 and 5097. (3) Consistent with Section 2.04, a "year' for purposes of this Section 2.03 commences on July 1 for all annual Sewer Service Charges, based on the District's fiscal year. E. Determination. All applications for rebates or refunds of the Sewer Service Charge will be determined by the General Manager of the District, or his/her designee, who, based on the submitted proof, may grant a full or partial rebate or refund. F. Administrative Fee. At the time of filing the application for rebate or refund, the property owner shall pay District an administrative fee for the processing of such application. The amount of the fee shall be equal to the total of all fees and charges imposed on the District by any other public entity, such as the Orange County Tax Collector, the Orange County Auditor, or the Orange County Recorder, in connection with the rebate or refund. Section II. Severabilitv. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section III. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation within 15 days as required by law. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange County Sanitation District held on , 2014. Chair of the Board of Directors Orange County Sanitation District ATTEST: 3 991039.3 Clerk of the Board Orange County Sanitation District Bradley R. Hogin, General Counsel Orange County Sanitation District 4 991039.3 Return to Mende Report ORDINANCE NO. OCSD-46 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING SECTION 2.03 OF ARTICLE II OF ORDINANCE NO. OCSD-41 CONCERNING REBATES AND REFUNDS OF SANITARY SEWER SERVICE CHARGES. WHEREAS, the Board of Directors adopted Ordinance No. OCSD-41 on March 27, 2013, establishing revised sewer service charges; and WHEREAS, the Board of Directors wishes to revise Section 2.03 of Article II of Ordinance No. OCSD-41 to more clearly define the difference between rebates and refunds, and adjust the limitations period pertaining to rebates. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section 1. Section 2.03 of Article II of Ordinance No. OCSD-41 is hereby amended as follows: Section 2.03. A. Exemptions. It is the intent of the District that the legal owner(s) of parcels of real property, otherwise subject to the levy and payment of the Sewer Service Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said charges, in certain circumstances and under conditions prescribed herein, and be entitled to either a rebate or a refund with respect to charges paid, as more specifically set forth in Subparagraphs 2.03E and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs 2.03B or 2.03C. B. Application for Rebate. (1) A "rebate" is the difference between the original service charge paid by a property owner and the recalculated service charge for the property based on water use as provided herein. (2) Any property owner, or legally recognized authorized representative of the property owner, may apply to the District for a rebate of Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his/her designee, that an inequity exists between the amount of the charge paid and the amount of wastewater discharged to the District's system, resulting in an unfair valuation. Satisfactory proof shall establish that either: OCSD-46-1 (a) The principal water use is agricultural or horticultural; or (b) The property is devoted to any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. (3) Satisfactory proof shall include, but not be limited to, documentation showing actual water usage for each billing cycle during the entire period for which the rebate is sought. (4) The amount of any rebate shall not reduce the charge payable by any property owner, whose property is connected to the District's system, to less than the single family residential charge shown on the applicable Table attached hereto. (5) Once a rebate or adjustment to a service charge is granted, additional rebates or adjustments will not be granted in the same year unless the property was vacant for the entire year. C. Application for Refund. (1) A "refund" is the difference between the original service charge paid by a property owner and the corrected service charge when the original charge was billed erroneously. (2) Any property owner (as used herein, includes any person who paid the sewer service charges), or legally recognized authorized representative of the property owner, may apply to the District for a refund of Sewer Service Charges paid to the District by establishing that the amount paid was pursuant to an error in the amount billed or the amount paid. The applicant for a refund must submit proof satisfactory to the General Manager of the District, or his/her designee, that a billing error has been made by the District, or the County Tax Collector. Such proof shall include, but not be limited to, proof that: (a) The owner's parcel of property is not connected to the District's system; or (b) The property has not been classified in the proper property use classification code; or (c) A clerical error has been made. OCSD-46-2 Return to Mende Report D. Limitations Period. (1) Applications for rebates shall be deemed a claim and be governed by the provisions of California Government Code Sections 935 et seq., and shall be presented to the District as provided in the Government Tort Claims Act, Government Code Sections 915 at seq., not later than two (2) years after the submission of the roll to the County Auditor/Controller, and the claim for rebate may only be made with respect to amounts paid or payable under such property tax bill. A claim for rebate is not deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and 5097 are not applicable. (2) Applications for refunds shall be deemed to be governed by the provisions of California Revenue &Taxation Code Sections 5096 and 5097. (3) Consistent with Section 2.04, a "year" for purposes of this Section 2.03 commences on July 1 for all annual Sewer Service Charges, based on the District's fiscal year. E. Determination. All applications for rebates or refunds of the Sewer Service Charge will be determined by the General Manager of the District, or his/her designee, who, based on the submitted proof, may grant a full or partial rebate or refund. F. Administrative Fee. At the time of filing the application for rebate or refund, the property owner shall pay District an administrative fee for the processing of such application. The amount of the fee shall be equal to the total of all fees and charges imposed on the District by any other public entity, such as the Orange County Tax Collector, the Orange County Auditor, or the Orange County Recorder, in connection with the rebate or refund. Section 2. Severability. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section 3. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation within 15 days as required by law. Section 4: This Ordinance shall be effective sixty (60) days after adoption. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange County Sanitation District held on , 2014. OCSD-46-3 Chair of the Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Orange County Sanitation District Bradley R. Hogin, General Counsel ` Orange County Sanitation District OCSD-46-4 ORDINANCE NO. 00SD-41 Return to Mende Rom AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT AMENDING AND RESTATING ORDINANCE NO. OCSD-35 CONCERNING SANITARY SEWER SERVICE CHARGES AND REPEALING ORDINANCE NO. OCSD-35. ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES AND REVISED TABLE B PROPERTY USE CLASSIFICATIONS WHEREAS, The former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were nine individual County Sanitation Districts, organized pursuant to the County Sanitation District Act (California Health & Safety Code Section 4700 at seq.). By action of the Board of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single Sanitation District for all purposes. The application was approved, with an effective date of July 1, 1998; and WHEREAS, As of July 1, 1998, the Predecessor Districts ceased to exist, and one single consolidated County Sanitation District, known as the Orange County Sanitation District ("District"), came into existence in place of the Predecessor Districts. The District was formed to carry on the functions of the Predecessor Districts; and WHEREAS, The District, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including: a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive 20-year Master Plan of Capital Facilities, entitled "1999 Strategic Plan" ("Master Plan"). WHEREAS, The Master Plan, setting forth and identifying the required future development of District Facilities, including financial projections for providing sewer service to all properties within the District's service area, was approved and adopted by the Board of Directors on October 27, 1999 by OCSD Resolution No. 99-21, with updates adopted in 2002 and 2006, following a noticed public hearing, and in compliance with the provisions of the California Constitution and all other applicable laws; and WHEREAS, The Board of Directors approved the Capital Improvement Program ("CIP") Validation Study for Fiscal year 2003-04 and the Secondary Treatment Peer Review, which resulted in the development of a Capital WS&5—6RH:pj:201660A420/05 1 OCSD-ADB 4/25/07 910662.1 Improvement Program that provides for the implementation of secondary treatment standards, thereby improving effluent quality in a reasonably short period of time, consistent with the goals and policies of the Board of Directors, the member agencies, and the public, while also providing for the construction of necessary improvements to accommodate projected increased flows and the rehabilitation and refurbishment of existing facilities; and WHEREAS, pursuant to Health and Safety Code section 5471, the Board of Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals or other charges for services and facilities furnished by the District in connection with its sewerage system; and WHEREAS, on February 27, 2008, the Board of Directors of the District adopted Ordinance No. OCSD-35, establishing annual Sanitary Sewer Service Charges; and WHEREAS, on January 23, 2013, the Board of Directors was presented with and has reviewed the District's Wastewater Revenue and Rate Study dated January 2013 prepared by Carollo Engineers, on file with the District, which independently found that the proposed increases in the regional sewer service charges were reasonable based on an evaluation of the District's revenue needs, projected reserve balances and user rate structure; and WHEREAS, for purposes of ensuring that the District has sufficient revenues and reserves to meet the District's obligations and operations, it is the intent, by the adoption of this Ordinance, to establish annual regional sewer service charges; and WHEREAS, Section 21080(b)(8) of the Public Resources Code states that "the establishment, modification, structuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C) meeting financial reserve needs and requirements, (D) obtaining funds for capital projects necessary to maintain service within existing service areas, or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter" is not subject to CEQA; and WHEREAS, Section 15273(a) of the California Code of Regulations states that "CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies equipment, or materials, (3) Meeting financial reserve needs and requirements, (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter"; and WS&5-6RH:pj:201W0:0920/05 2 OCSD-ADB 4/25/07 910662.1 WHEREAS, pursuant to Article XIIID, section 6, of the California Constitution, Notice of the Public Hearing regarding the proposed regional sewer service charges, which included the date, time, and location of the public hearing, as well as the charges, fees, and rates proposed for imposition, was mailed no less than 45 days prior to the public hearing by the District to the record owner of each identified parcel upon which the charge is proposed for imposition; and WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473, the Board of Directors is authorized to elect to have the proposed regional sewer service charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes; and WHEREAS, pursuant to Health and Safety Code section 5473.1, on March 11, 2013, and again on March 18, 2013, Notice of the Public Hearing regarding the proposed regional sewer services charges and the election to have such charges collected on the tax role, which included the date, time and location of the hearing, was published in The Orange County Register, a newspaper of general circulation within the District published in the county where the District is located; and WHEREAS, on Wednesday, March 27, 2013 at 6:30 P.M., in the District's Boardroom on the first floor of its Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, the District held a properly noticed public hearing in order to receive and consider comments, including objections, concerning the proposed regional sewer service charges and the election to have such charges collected on the tax roll; and WHEREAS, the Board of Directors has carefully reviewed the Wastewater Revenue and Rate Study dated January 2013, and has considered the public and Board comments, and the oral and written presentation by the District's staff and consultants made at the March 27, 2013 public hearing, as well as any written public comments. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Adopt Regional Sewer Service Charges TABLE OF CONTENTS ARTICLE I: FINDINGS Section 1.01 Findings ARTICLE II: SEWER SERVICE CHARGES Section 2.01. Purpose and Scope Section 2.02. Annual Sewer Service Charge Section 2.03. WS&5-6RH:py201W0:N20/05 3 OCSD-ADB 4/25/07 910662.1 A. Exemptions B. Application for Rebate C. Application for Refund D. Limitation Period E. Determination F. Administrative Fee Section 2.04. Annual Charge Based on Fiscal Year Section 2.05. Method of Collection Section 2.06. Credit for Industrial Permittees Section 2.07. Open-Air Facilities Table A Annual Sewer Service Charges for Residential Users Table B Annual Sewer Service Charges Property Use Classifications ARTICLE III: MISCELLANEOUS Section 3.01. Application of Ordinance Section 3.02. Exceptions Section 3.03. Out of Area Sewer Service Agreements ARTICLE I FINDINGS Section 1.01. Findings. Based upon substantial evidence presented to the Board of Directors, the Board of Directors of District hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. The Board of Directors hereby finds: A. That the regional sewer service charges and the annual adjustments to the regional sewer service charges (collectively referred hereafter as the "Sewer Service Charges") as established herein is appropriate and ensures adequate revenues to finance the improvements and programs necessary to implement secondary treatment standards, accommodate increased flows, rehabilitate and refurbish existing facilities, and retire any necessary or prudent debt incurred to finance such improvements in a reasonable manner and over a reasonable period of time. B. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance, and operation of the sewage collection, wastewater treatment and disposal facilities of the District, together with costs of administration and provisions for necessary reserves. C. That the financial requirements of the District, as shown in reports prepared by Staff and Consultants relating to the Master Plan and the Capital Improvement Plan, are based on current, reliable information, and further, that data relating to population projections, wastewater flow, and capital facilities' needs are expected to be realized in each year as described in the reports. WS&5-BRH:py201660:N20/05 4 OCSD-ADB 4/25/07 910662.1 Retum to A,eM,Reoort D. That the owners or occupants of properties, upon which all fees and charges established by this Ordinance are levied, discharge wastewater to the District's collection, treatment and disposal facilities. The costs of operating and maintaining said facilities have constantly increased due in part to increased regulatory requirements to upgrade the treatment process. E. That the need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. F. That the Sewer Service Charges established by this Ordinance are reasonably related to, and do not exceed the cost of providing sewer services, and shall herein be levied on each parcel to allow the District to recover the reasonable costs to provide a service to individual properties which have been improved for different types of uses. G. That the basis for the respective charge is not based on potential or future use, but rather, is based upon the request of the owner of property or a structure thereon, for the benefit of him/her/itself, or the occupants of the property, to receive a service for actual use, consumption, and disposal of water to the District's system in lieu of disposal by other means. H. That the revenues derived from the Sewer Service Charges shall not be used for any purpose other than that for which the charge is imposed. I. That the Sewer Service Charges established by this Ordinance are not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001, and do not exceed the proportional cost to provide the sewer service for which the fee is levied, as provided in Government Code Sections 66013 and 66016 and California Constitution Article MID. J. That the Sewer Service Charges adopted herein are established upon a reasonable basis between the fees charged each customer and the service and facilities provided to each customer of the District, a portion of which are necessary to replace the loss of ad valorem property taxes to the State General Fund as a result of state legislative action on September 2, 1992, and in subsequent years. K. That the Sewer Service Charges adopted herein will not result in an expansion of facilities to provide for growth within outside the existing service area. The adoption of these Sewer Service Charges will not result in any specific project, nor result in a direct physical change in the environment. L. That the Board of Directors is adopting the Sewer Service Charges herein to (i) meet operating expenses, (ii) purchase or lease supplies, equipment, or materials, (iii) meet financial reserve needs and requirements, and (iv) obtain funds for capital projects necessary to maintain service within existing service areas. Therefore, the Board finds and determines, based upon substantial evidence, that the establishment of the Sewer Service Charges are WS&S—BRH:pj:201660:04/20/05 5 OCSD-ADB 4/25/07 910662.1 statutorily exempt from CEQA, pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273(a) of the California Code of Regulations. M. That all fees and charges established herein have been approved by the District's Board of Directors at a noticed public meeting, all in accordance with applicable provisions of law. ARTICLE II SEWER SERVICE CHARGES Section 2.01. Purpose and Scope. The purpose of this Ordinance is to establish Sewer Service Charges required to be paid by property owners for the services and facilities furnished by the District in connection with its sanitation treatment works and sewage collection system. Revenues derived under the provisions of this Ordinance shall be used for (i) the acquisition, construction, reconstruction, maintenance, and operation of the wastewater collection, treatment and disposal facilities of the District, (ii) to repay principal and interest on debt instruments, or (iii) to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2.02. Annual Sewer Service Charge. Commencing with the effective date of this Ordinance, the owner of each parcel of real property located within the District which is improved with structures designed for residential, commercial, or industrial use and which, at the request of the owner or the owners predecessor-in-interest, is connected to the District's sewerage system, shall pay an annual Sewer Service Charge based on the respective class of users, in the sum or sums, as set forth in Tables A and B of this Ordinance, below, and incorporated by reference herein. The annual Sewer Service Charges for residential users are set forth in Table A. The applicable single family residential rate shown in Table A is multiplied by the applicable percentage figure shown on Table B with respect to the particular use classification to arrive at the annual Sewer Service Charge rate per 1,000 square feet or per unit. The annual Sewer Service Charges are dependent upon the respective classifications of property use, determined by reference to Table B. Section 2.03. A. Exemptions. It is the intent of the District that the legal owner(s) of parcels of real property, otherwise subject to the levy and payment of the Sewer Service Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said charges, in certain circumstances and under conditions prescribed herein, and be entitled to either a rebate or a refund with respect to charges paid, as more specifically set forth in Subparagraphs 2.03B and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs 2.03B or 2.03C. B. Application for Rebate. Any property owner, or legally recognized authorized representative of the property owner, may apply to the District for a rebate of Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the WS&S-BRH:py201660:N20/05 6 OCSD-ADB 4/25/07 910662.1 Return to Aaenda Report District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his/her designee, that an inequity exists between the amount of the charge paid and the amount of wastewater discharged to the District's system, resulting in an unfair valuation. Satisfactory proof shall establish that either: (1) The principal water use is agricultural or horticultural; or (2) The property is devoted to any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. Satisfactory proof shall include, but not be limited to, documentation showing actual water usage for each billing cycle during the entire period for which the rebate is sought. The amount of any rebate shall not reduce the charge payable by any property owner, whose property is connected to the District's system, to less than the single family residential charge shown on the applicable Table attached hereto. C. Aoolication for Refund. Any property owner (as used herein, includes any person who paid the sewer service charges), or legally recognized authorized representative of the property owner, may apply to the District for a refund of Sewer Service Charges paid to the District by establishing that the amount paid was pursuant to an error in the amount billed or the amount paid. The applicant for a refund must submit proof satisfactory to the General Manager of the District, or his/her designee, that a billing error has been made by the District, or the County Tax Collector. Such proof shall include, but not be limited to, proof that: (1) The owner's parcel of property is not connected to the District's system; or (2) The property has not been classified in the proper property use classification code; or (3) A clerical error has been made. D. Limitations Period. Applications for refunds shall be deemed to be governed by the provisions of California Revenue & Taxation Code Sections 5096 and 5097. Applications for rebates shall be deemed a claim and be governed by the provisions of California Government Code Sections 935 et seq., and shall be presented to the District as provided in the Government Tort Claims Act, Government Code Sections 915 at seq., not later than four (4) years after the submission of the roll to the County Auditor/Controller, and the claim for rebate may only be made with respect to amounts paid or payable under such property tax bill. A claim for rebate is not deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and 5097 are not applicable. WS&S—BRH:pj:201660:04120/05 7 OCSD-ADB 4/25/07 910662.1 E. Determination. All applications for rebates or refunds of the Sewer Service Charge will be determined by the General Manager of the District, or his/her designee, who, based on the submitted proof, may grant a full or partial rebate or refund. F. Administrative Fee. At the time of filing the application for rebate or refund, the property owner shall pay District an administrative fee for the processing of such application. The amount of the fee shall be equal to the total of all fees and charges imposed on the District by any other public entity, such as the Orange County Tax Collector, the Orange County Auditor, or the Orange County Recorder, in connection with the rebate or refund. Section 2.04. Annual Charge Based on Fiscal Year. The Sewer Service Charges established by this Ordinance shall be effective as of July 1 of each year, as set forth in Tables A and B, attached hereto, for the District's fiscal year, and shall remain in effect until such time as the rates adopted herein are changed by District Ordinance. There shall be no proration of such charges in any fiscal year. Section 2.05. Method of Collection. A. Pursuant to the authority granted by California Health & Safety Code Sections 4766 and 5473, and except as otherwise provided in Subparagraph 2.0513 below, all Sewer Service Charges established herein shall be collected on the County Tax Roll in the same manner, by the same persons, and at the same time as, together with, and not separately from, its general taxes. The County Tax Collector is authorized and hereby ordered to make said collections in accordance with the terms and conditions of agreements between the County of Orange and the District. B. In the event District determines that, due to billing or payment error, or to inequity in the amount billed, a property owner (or person who paid the tax) has underpaid annual Sewer Service Charges payable to District, District, within four (4) years after the date of mailing of the tax bill, may: (1) collect the amount of any deficiency directly on the County Tax Roll; (2) off-set the amount of any deficiency against any amounts that District determines is owing, by District, to the property owner, as a rebate or refund under this Ordinance; or (3) submit, directly to the property owner, a bill for the amount of any deficiency, which shall be due and payable within thirty (30) days of the invoice date and which, if not paid, shall become a lien on said property. Section 2.06. Credit for Industrial Permittees. A credit shall be allowed to all dischargers permitted pursuant to Article 3 of District Ordinance No. OCSD-40, as amended, in an amount equal to the annual Sewer Service Charge established by Section 2.02 of this Ordinance. WS&S-BRH:pj:201660:N20/05 8 OCSD ADB 4/25/07 910662.1 Realm b Menda Reood Section 2.07 Open-Air Facilities. Sewer Service Charges for open- air facilities will be based on annual attendance records. Open-Air facilities will pay a rate per million gallons based upon the related sewage flow, Biochemical Oxygen Demand ("BOD") and Suspended Solids ("SS") charge for single family residences. The usage per attendee will be 15 gallons. WS&S-6RH:pj:201W0:09120/05 g OCSD-ADB 4/25/07 910662.1 TABLE A ANNUAL SEWER SERVICE CHARGES RESIDENTIAL USERS FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18 SFR* $308.00 $316.00 $323.00 $331.00 $339.00 MFR $215.60 $221.20 $226.10 $231.70 $237.30 SFR = SINGLE FAMILY RESIDENTIAL MFR = MULTI FAMILY RESIDENTIAL * The SFR fee is the minimum sewer service charge any user must pay. All properties located within Revenue Area No. 14 pay no annual sewer service charges. District costs relating to providing service to these properties are billed by the District directly to the Irvine Ranch Water District, the local agency providing the local sewer service. WS&S-6RH:pj:201 WO:0920/05 10 OCSD-ADB 4/25/07 910662.1 Return to Mende Report TABLE B ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS Percentage of SFR Assessor Use Code Description Per 1.000 SF or Unit 1 Vacant Land Parcel 0% 5 Common Area Parcel 0% 6 "Hold" Parcel 0% 8 Equivalent to Vacant 0% 121 Parcel of Minimal or No Value 0% 122 Subsurface Parcels 0% 124 Oil/Mineral Rights 0% 125 Mineral Rights Equipment 0% 126 Vacant Comm. Area-IMP Alloc. 0% 201 Homeowners Exemption Addy. 0% 666 Unassigned Vacant 0% 777 Septic Tank Property 0% 112 Steel Building 7% 113 Mini-Warehouse 7% 58 Nurseries (Plants) 10% 100 Drive-In Theater 10% 44 Lumber/Constr. Material Yard 17% 71 Parking Garage 17% 72 Paved Parking Lot 17% 110 Warehouse— Single Tenant 17% 111 Warehouse— Multi Tenant 17% 115 Recreational Vehicle Storage 17% 116 Truck Terminal 17% 33 Church Buildings 20% 94 Department Store 23% 95 Discount Store 23% 96 Unattached Single Store 23% 97 Strip Store 23% 74 Recreational Vehicle Park 27% 36 Financial Buildings 27% 40 Health Club 29% 68 High Rise Office 30% 225 United States Post Office 35% 21 Automobile Dealership 41% 22 Auto Repair Shop 41% 23 Automotive Service 41% 24 Used Car Lot 41% 39 Golf Course 41% 57 Motorcycle/Small Vehicle Building 41% 83 Automotive Service Station 41% WS&5—6RH:pj:201 W0:09120/05 11 OCSD-ADB 4/25/07 910662.1 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 84 Marine Service Station 41% 86 Combin:Service Station/Convenience 41% 65 Single Office Bldgs. to 3 Stories 41% 66 Small Office Center 41% 67 Office Complex 41% 69 Converted Residence to Office 41% 7 Mobile Home 50% 55 Mobile Home Park 50% 107 Light Industrial—Single Tenant 50% 108 Light Industrial—Multi Tenant 50% 109 Research and Development 50% 114 Industrial Park 50% 37 Fraternal Buildings 51% 101 Unattached Theater 51% 26 Airport and Related Buildings 53% 45 Marinas 53% 88 Low Flow Center 53% 3 Two or More Residences 70% 10 Duplex Only 70% 11 Triplex Only 70% 12 04-Units Only 70% 13 5 to 16 Units 70% 14 17 to 25 Units 70% 15 26 to 40 Units Only 70% 16 41-99 Units Only 70% 17 100 or More Units 70% 18 Developed with a Mix of Forms 70% 63 Low Rise Retirement Building 70% 64 High Rise Retirement Building 70% 56 Low Demand Hotel/Motel 70% 81 Pre-Schools, Nursery or Care 82% 82 Private Schools 82% 98 Store with Offices or Living Quarter 82% 99 Store with Office Upstairs 82% 118 Governmental Use Vacant/Develop. 82% 19 SFR with 1 or 2 rental units 85% 34 Dormitory 97% 42 Hospital 97% 43 High Demand Hotel/Motel 97% 0 Conversion-C/1, Rural PC 100% 2 One Residence 100% WS&S-13RH:pj:201660:N20/05 12 OCSD-ADB 4/25/07 910662,1 Return to Aaentle Report TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 4 Miscellaneous Improvement 100% 85 Comb. Sew. Stn./Restaurant 100% 103 Chemical Tank and Bulk Storage 100% 104 Food Processing Plant 100% 105 Cold Storage Plant 100% 106 Factory 100% 119 Public Utility 100% 120 Water Mutual or Company 100% 888 Conversion-Composite Prop. 100% 32 Cemetery & Related Buildings 101% 38 Funeral Home 101% 60 Nursing Home 102% 61 Convalescent Hospitals 102% 62 Converted Res. Used as Nursing 102% 28 Bowling Alleys 112% 92 Skating Rinks 112% 50 Single Medical Bldgs. to 3 Stories 124% 51 Small Medical Center 124% 52 Medical Center Complex 124% 53 High Rise Medical 124% 54 Converted Residence to Medical 124% 89 Average Flow Center 139% 20 Amusement Parks 144% 35 Entertainment Center 144% 73 Recreation 144% 30 Coin Operated Car Wash 151% 47 Supermarket 151% 48 Convenience Market 151% 224 Nightclub 200% 90 High Flow Center 226% 76 Restaurant—Low Demand 300% 77 Restaurant—Coffee Shop 600% 78 Restaurant—Dinner House 600% 79 Restaurant—Conversion from SF 600% 29 Conventional Car Wash 796% 223 Laundromat 1,800% NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above in order to determine the rate per 1,000 square feet for the commercial or industrial user. WS&5—6RH:pj:201 G50:04120/05 13 OCSD-ADB 4/25/07 910662.1 ARTICLE III MISCELLANEOUS Section 3.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to (i) the provisions of the District's Wastewater Discharge Regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto; (ii) District's ordinance establishing Fees Concerning Annexations of Territory to the District; (!it) District's ordinance establishing Local Sewer Service Fees, where applicable, and (iii) any other District Ordinances and Resolutions not in conflict herewith. Section 3.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the District, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations, except as expressly provided herein. Section 3.03 Out of Area Sewer Service Agreements. Pursuant to Health and Safety Code Section 4742.1, the District is empowered to contract for the handling, treatment or disposal by the district of sewage or industrial wastes originating within the district or county or within areas outside of the district or county when, in the judgment of the District Board, it is for the best interest of the district to do so. In exercise of such power, the District may, from time to time, enter into Out-of-Area Sewer Service Agreements. These Out-of-Area Sewer Service Agreements will establish fees and charges relative to the services provided by the District for each individual agreement. Section II. Severabilitv. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section III. Effective Date. This Ordinance shall take effect July 1, 2013. Section IV. Repeal. Ordinance No. OCSD-35 is repealed in its entirety effective June 30, 2013. Section V. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation within 15 days as required by law. WS&5-6RH:pj:201 W0:0920/05 14 OCSD-ADB 4/25/07 910662.1 Retum to Aae.da Rowe PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held on March 27, 2013. TROY E15GAI CHAIR, BOA OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT ATTEST: G �1 MARIA IE. AYALA CLERK OF THE BOARD ORANGE COUNTY SANITATION DISTRICT APPROVED AS TO FORM: 9- BRADLEY R. FrOGIN, GEN COUNSEL wsas-BRH:pj:201660:0420ros 15 DCSD-ADB 4125/07 91066E STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, MARIA E. AYALA, Clerk of the Board of the Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-41 was passed and adopted at a regular meeting of said Board on the 271" day of March, 2013, by the following vote, to wit: AYES: Troy Edgar, Chair; John Anderson; Tom Beamish; David Benavidez; Keith Curry; Jim Ferryman; Steve Jones; Lucille Kring; Michael Levitt, Brett Murdock; John Nielsen; Brad Reese; Joe Shaw; David Shawver; Fred Smith, Teresa Smith, Constance Underhill (Alternate); and John Withers. NOES: Steven Choi; Tyler Diep; Peter Kim, Mark McCurdy (Alternate); Prakash Narain; Janet Nguyen; and Greg Sebourn. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand this 271" day of March, 2013. Maria It. Ayala Clerk of the Board Orange County Sanitation District Return to Agenda Report RESOLUTION NO. OCSD 13-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT DIRECTING THE COUNTY TAX COLLECTOR-TREASURER TO INCLUDE REGIONAL SANITARY SEWER SERVICE CHARGES ON THE TAX ROLL FOR FISCAL YEARS 2013-2014 THROUGH 2O17-2018. The Board of Directors of the Orange County Sanitation District("District") does hereby find: A. On March 27, 2013, the Board of Directors adopted Ordinance No. OCSD-41,An Ordinance of the Board of Directors of Orange County Sanitation District Amending and Restating Ordnance No. OCSD-35 Concerning Sanitary Sewer Service Charges and Repealing Ordinance No. OCSD-35; Adopting Revised Table A RE Residential User Fees and Revised Table B Property Use Classifications. B. By adoption of Ordinance No. OCSD41, the Board of Directors elected to adopt, impose, and collect rates and charges for regional sanitary sewer services provided by the District and correspondingly established procedures related thereto. C. California Health & Safety Code section 5473 provides that such charges, as adopted by District Ordinance No. OCSD-41, may be collected on the County tax roll in the same manner, by the same persons, and at the same time as, together with, and not separate from, Its general taxes. D. The charges established by Ordinance No. OCSD-41 reflect an allocation of the costs of operation and maintenance, such that the charges do not exceed the estimated reasonable costs to provide the wastewater collection, treatment, and disposal services and facilities, and the revenues received are not used for any other purpose. E. Pursuant to California Constitution Article XIIID (Proposition 218), sanitary sewer service charges constitute charges for property-related services. The sanitary sewer service charges set by Ordinance No. OCSD-41 comply with the provisions of Article XIIID, in that they do not exceed the cost to the District to provide the service and facilities. F. The District provided notice as required by Health and Safety Code section 5473.1, and held a public hearing on March 27, 2013, at which time the Board received and considered all comments and protests related to the collection of the fees on the tax roll. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 916112.1 1 Section 1: That the rates and charges set forth in Ordinance No. OCSD41 are affirmed herein by the Board of Directors, as consistent with the findings hereinabove stated, for Fiscal Years 2013-2014 through 2017-2018, in the following amounts: Annual Sanitary Sewer Service User Fees Residential Users FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18 SFR $308.00 $316.00 $323.00 $331.00 $339.00 MFR $215.60 $221.20 $226.10 $231.70 $237.30 SFR = Single Family Residential MFR = Multi-Family Residential All properties located within Revenue Area 14 pay no annual sewer service charges. District costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District, the local agency providing the local sewer service. Section : That pursuant to California Health & Safety Code Section 5473, the Board hereby elects and directs the County Tax Collector-Treasurer to include regional sanitary sewer service charges, as adopted by Ordinance No. OCSD41, on the tax roll, in the same manner, by the same persons and at the same time as, together with, and not separately from, the general taxes; and that such regional sanitary sewer service charges be included in the annual property tax bills for Fiscal Years 2013-2014 through 2017-2018. Section 3: That pursuant to California Health & Safety Code Section 5473, this Resolution shall remain in full force and effect until amended or repealed, or until such time as the rates of sanitary sewer service charges, as established by Ordinance No. OCSD41, are changed by increasing the annual rate. Section 4: That the General Manager, or his designee, be, and is hereby authorized and directed, to execute any necessary documents or agreements to effect the order set forth in Section 2 herein. Section 5: That the provisions of any Resolution(s) previously adopted by the Orange County Sanitation District that are in direct conflict with the provisions of this Resolution No. 13-05 are hereby superseded. Section . That the General Manager, or his designee, is hereby authorized to forward a copy of this Resolution to the Orange County Tax Collector-Treasurer. 916112.1 2 Return to Mende Report PASSED AND ADOPTED at a regular meeting held March 27, 2013. l Troy Edgar Chair, Orange Cou t Sanitation District ATTEST: Maria At ala Clerk of the Board 916112.1 3 ITEM NO. 16 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, April 23, 2014, at 5:33 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager Troy Edgar, Chair Bob Ghirelli, Assistant General Tom Beamish, Vice-Chair Manager Brad Reese, Administration Committee Nick Arhontes, Director of Facilities Chair Support Services John Nielsen, Operations Committee Jeff Reed, Director of Human Chair Resources Keith Curry, Member-At-Large Rob Thompson, Director of Brett Murdock, Member-At-Large Engineering Ed Torres, Director of Operations & Maintenance COMMITTEE MEMBERS ABSENT: Lorenzo Tyner, Director of Finance & John Withers, Member-At-Large Administrative Services Maria Ayala, Clerk of the Board Norbert Gaia Rich Spencer OTHERS PRESENT: Brad Hogin, General Counsel PUBLIC COMMENTS: None. REPORTS: Chair Edgar announced the May 21" State of the District event, and said a reminder would be sent out in the next few days. He also reminded the Committee about the required discrimination and harassment training, and that two dates would be offered for the Board to participate in this training. Minutes of the Steering Committee April 23, 2014 Page 2 of 3 Jim Herberg, General Manager, reported that OCSD's What 2 Flush campaign had received an Excellence in Communications award from CAPIO for marketing/communications campaign. He also announced that Chair Edgar was recently awarded the ACC-OC Liaison Award for actively promoting the value and benefit of collaborative policymaking. Mr. Herberg reported on the following from his General Manager's Monthly Status Update: upcoming earthquake inspections presentation at the next committee meetings; the District receiving the Water Prize, Safety award, Headworks award, and GFAO award; update on the disinfection program; recent hiring of four new managers (two engineering managers, a Risk Manager, and a Maintenance Manager); update on community outreach events for the month of April; labor negotiations brief update as no closed session would be necessary; and an update on the biosolids hydrogen fuel project. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the March 26, 2014 Steering Committee Meeting. AYES: Beamish, Curry, Edgar, Reese, Murdock, and Nielsen NOES: None ABSTENTIONS: None ABSENT: Withers ACTION ITEMS: 2. Approve and/or Ratify Board Director business travel, as listed in the enclosed agenda report, in accordance with Board Resolution No. OCSD 14-04. AYES: Beamish, Curry, Edgar, Reese, Murdock, and Nielsen NOES: None ABSTENTIONS: None ABSENT: Withers Minutes of the Steering Committee April 23, 2014 Page 3 of 3 CLOSED SESSION None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:17 p.m. Submitted by: Maria E. Ayala Clerk of the Board STEERING COMMITTEE Meeting Dare TOBA.Of Dir. 05/28/14 OS/28/14 AGENDA REPORT Item Number Item Nu bar z v Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: PROPOSED NEW BYLAWS— CALIFORNIAASSOCIATIONOF SANITATION AGENCIES (CASA) GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager or his designee to vote on behalf of the Orange County Sanitation District in support of the California Association of Sanitation Agencies' new bylaws via ballot due on June 16, 2014. SUMMARY The California Association of Sanitation Agencies (CASA) is reaching out to its member agencies at this time to seek approval of new bylaws. CASA's Executive Board identified the need to modemize and update its bylaws to ensure CASA is compliant with applicable California law. Membership approval is required in order for the new bylaws to become effective. The proposed bylaws address the following areas: A. Membership: Clarification of voting rights for member agencies; definition of quorum B. Board of Directors: Change of nomenclature from Executive Board to Board of Directors; length of terms; compliance regarding official notices of Board meetings C. Officers: Designation of officers; manner of election of officers D. Committees: Authorization of committee types PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A Page 1 of 2 CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENTS The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments: • Bylaws of California Association of Sanitation Agencies • Transmittal letter from CASA to Orange County Sanitation District including Summary of Bylaw Changes JC:jb:gc Page 2 of 2 Return to Mende Report Adopted by the Board of Directors March 10, 2014 Approved by the Membership , 2014 BYLAWS OF CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (a California nonprofit mutual benefit corporation) ARTICLE I. General Provisions Section 1. Name. The name of this corporation is CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (hereafter referred to in these bylaws as "CASA" or "Association"). Section 2. Principal Office. The principal office for the transaction of business of the Association shall be located in California. The Board of Directors ('Board") shall have the authority to set and change the precise location of the principal office so long as the principal office remains in California. The Association may also have offices at such other places within or without the State of California where it is qualified to do business, as its activities may require, and as the Board may from time to time designate. Section 3. Purposes and Limitations. The Association is a NONPROFIT MUTUAL BENEFIT CORPORATION organized under California law. The Association is formed for the purpose of engaging in any lawful act or activity for which a nonprofit mutual benefit corporation may be organized under the law. The specific purpose of this Association is to provide leadership, advocacy and information to members, legislators, and the public, and to promote clean water and beneficial reuse issues that protect public health and the environment. ARTICLE II. Members Section 1. Voting Members. CASA is organized with members, but without capital stock. Any local public agency or public organization authorized by California law to engage in the collection, treatment, or disposal of wastewater or the recycling of water therefrom, may become a full voting member of the Association upon signing and approval of a membership application/agreement and payment of the required dues. All persons admitted to voting membership in the Association shall have the rights afforded members under the California Nonprofit Mutual Benefit Corporation Law, including the right to vote on issues put before the membership. Each voting member shall have one (1) vote on membership issues. Each voting member shall designate in writing the individual who shall exercise the voting rights and other privileges on behalf of the member and two alternates to that individual as well. The designation shall be filed with the Secretary of the Association and shall be maintained with the corporate records. Said designation may be changed by written notice to the Secretary of the Association. Section 2. Non-voting Associate Members. CASA may also admit associate members who shall be non-voting members of the Association. Any person who isn't qualified for voting membership but who has a bona fide interest in the welfare of the Association and its mission and strategic goals may become an associate member upon signing and approval of a membership application/agreement and payment of the required dues. For purposes of these bylaws, "person" shall mean an individual, sole proprietorship, limited or general partnership, limited liability company, corporation, or any other business entity recognized by the state of California. Associate members shall be non-voting members of the Association and shall not have any of the voting rights or other rights afforded voting members under the California Nonprofit Mutual Benefit Corporation Law. Section 3. Non-voting Honorary Members. Any individual who meets the following minimum criteria may, by majority vote of the Board, be granted an honorary life membership in the Association: 1. He or she is no longer actively employed by or affiliated with a voting member of the Association. 2. He or she has held leadership positions, such as officer, director, committee chair or staff in the Association. 3. He or she has been an active participant in the Association for at least ten years. 4. He or she has made a significant individual contribution to the Association's mission and goals. Honorary life members are not required to pay fees, dues or assessments, nor shall they be entitled to vote or hold office as a director or officer or be employed as staff. They shall be entitled to notice of meetings and to attend meetings in an emeritus capacity at their own expense so as to contribute their knowledge and experience for the good of the Association. 2 Return to Agenda Report Section 4. Fees. Dues. and Assessments. The fees, dues, and assessments for all members of the Association shall be set by the Board and approved by the voting members. Section 5. Good Standina. Those CASA members who have timely paid the required fees, dues, and assessments, who conduct themselves in accordance with any code of ethics established by the Association, and who are not in violation of any bylaw, rule, or policy of the Association, shall be members in good standing. Section 6. Termination of Membership. Membership shall terminate on the occurrence of any of the following events: (a) Resignation of a member upon notice to the Association; (b) Failure of a member to pay any fees, dues, or assessments within the period of time established by the Board after they become due and payable; (c) Expulsion pursuant to Sections 7 and 8 of this Article. Section 7. Suspension or Expulsion from Membership. Any CASA member may be suspended or expelled in accordance with this Article, based on the good faith determination by the Board, or a committee authorized by the Board to make such a determination, that the member has failed in a material and serious degree to comply with the Association's Articles of Incorporation, bylaws, code of ethics if any, or any law applicable to the Association and its members, or has engaged in conduct materially and seriously prejudicial to the purposes and interests of the Association. An entity whose membership is suspended shall not be a member in good standing during the period of suspension. Section 8. Procedure for Suspension or Expulsion. If grounds appear to exist for suspension or expulsion of a member under this Article, the procedures set forth below shall be followed: (a) The member shall be provided at least 15 days prior notice of the proposed suspension or expulsion and the reasons for the proposed suspension or expulsion. Notice shall be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be sent first class or express mail to the member's last address as shown on the Association's records. (b) The member shall be given an opportunity to be heard, either orally or in writing, at least five (5) days before the effective date of the proposed suspension or expulsion. The hearing shall be held, or the written statement 3 considered, by the Board or by a committee authorized by the Board to determine whether the suspension or expulsion should take place. (c) The Board or authorized committee shall decide whether or not the member should be suspended, expelled or sanctioned in some other way. The decision of the Board or committee shall be in writing and shall be final. (d) Any action challenging an expulsion, suspension or termination of membership, including any claim alleging defective notice, must be commenced within one year after the effective date of the expulsion, suspension or termination. Section 9. Effect of Termination. Suspension or Expulsion. All rights and privileges of a member of the Association shall cease upon termination, suspension or expulsion from membership. If a suspended member also has a director/officer on the Board, he/she will not be eligible to serve on the Board during the period of the member's suspension. He/she may resume his/her director/officer duties if the suspension is lifted and good standing is restored. In the case of termination or expulsion, the member's membership in the Association shall terminate on the effective date of the termination or expulsion. If the terminated or expelled member had a director/officer on the Board, he/she shall no longer be eligible to serve on the Board as of the effective date of the member's termination or expulsion. However, termination, suspension or expulsion shall not relieve the member(or former member) of any existing obligations to the Association (e.g. unpaid dues, fees, or assessments, duties of loyalty and confidentiality relative to CASA if the member had a director/officer on the Board, duty to return CASA property and documents, etc). Section 10. No property Rights/No Withdrawal Value. Membership in the Association does not constitute an ownership interest in any asset of the Association at any time. If a member is terminated or expelled for any reason, the Association shall not be liable for the payment of any amount whatsoever to the member. Each member is received into membership on its express agreement to this provision. Section 11. Transfer of Memberships. A membership or any right arising from membership may not be transferred to another person without the prior written approval of the Board. Section 12. Limitations. No person shall hold more than one membership in the Association. Section 13. Liability of Members. Except as provided by law, no member is liable for the Association's debts, liabilities, or obligations. Section 14. Meetings of Members. 4 Return to Mende Report (a) Place of Meetings. Meetings of the members shall be held in any place designated by the Board. In the absence of any such designation, members' meetings shall be held at the Association's principal office. (b) Annual Meeting. An annual meeting of the members shall be held each year at a time and location determined by the Board. At this meeting, any proper business may be transacted, subject to any limitations in law or these bylaws. Written notice of the annual members' meeting shall be given to all members of the Association, and the Board, in accordance with the procedures provided in subsections (d) and (a) below. Only voting members of CASA as described in Section 1 above may vote at the CASA annual membership meeting. Other interested persons may attend (but do not vote), and may be excluded from some portions of the meeting in the discretion of the Board President. (c) Special Meetings of the Members. Other meetings of the members ("special meetings") may be called at any time by 1) the Board, (2)the President of the Board, or (3) five percent of the voting members. A special meeting of members shall be called by written request, specifying the general nature of the business proposed to be transacted and submitted to the President or the Secretary of the Association. The officer receiving the request shall cause notice to be given promptly to the members entitled to vote, in accordance with subsections (d) and (a) below, stating that a meeting will be held at a specified time and date. If the meeting is called by anyone other than the Board or President, the meeting date shall be at least thirty-five (35), but not more than ninety (90) days after receipt of the request. If the Board or President calls the meeting, the meeting date may be any date for which appropriate notice is given in accordance with subsections (d) and (a) below. If notice of a requested special meeting is not given within twenty (20) days after receipt of the request, the person or persons requesting the meeting may give the notice. (d) Notice Requirements for Members' Meetings. Written notice of any membership meeting shall be given, in accordance with these bylaws, to each voting member of the Association. Subject to any additional requirements in law or these bylaws, the notice shall state the place, date and time of the meeting, the means of electronic transmission by and to the Association (Corporations Code Sections 20 and 21) or electronic video screen communication, if any, by which members may participate in the meeting, and the general nature of the business to be transacted, and no other business may be transacted. The notice of any meeting at which directors are to be elected shall include the names of all those who are nominees at the time the notice is given to members. 5 (a) Manner of Giving Notice for Meetings. Except as otherwise provided in these bylaws or by law, notice of any meeting of members shall be sent not less than 10 nor more than 90 days before the date of the meeting to each member who, on the record date for notice of the meeting, is entitled to vote; provided, however, that if notice is given by mail, and the notice is not mailed by first-class or express mail service, then that notice shall be given not less than 20 days before the meeting. Notice of a members' meeting or any report shall be given personally, by electronic transmission (Corporations Code sections 20 and 21), or by regular, bulk, or express mail service, addressed to a member at the address of the member appearing on the books of the Association or given by the member to the Association for purpose of notice; or if no such address appears or is given, at the place where the principal office of the Association is located. An affidavit of giving of any notice or report in accordance with the provisions section, executed by the Secretary, shall be prima facie evidence of the giving of the notice or report. Notice given by electronic transmission by the Association under this subdivision shall be valid only if it complies with Corporations Code Section 20. Notwithstanding the foregoing, notice shall not be given by electronic transmission by the Association after either of the following: (1) The Association is unable to deliver two consecutive notices to the member by that means. (2) The inability to so deliver the notices to the member becomes known to the Secretary or other person responsible for the giving of the notice. Section 15. Waiver of Notice or Consent. The transactions of any members' meeting, however called or noticed and wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice, if(1) a quorum is present, and (2) either before or after the meeting, each member who is not present in person, signs a written waiver of notice, a consent to holding of the meeting, or an approval of the minutes. The waiver of notice, consent or approval need not specify either the business to be transacted or the purpose of any meeting of members. All such waivers, and consents, or approvals shall be filed with the corporate records or made a part of the minutes. A member's attendance at a meeting shall also constitute a waiver of notice of and presence at that meeting, unless the member objects at the beginning of the meeting to the transaction of any business because the meeting was not lawfully called or convened. Also, attendance at a meeting is not a waiver of any right to object to the consideration of matters required to be included in the notice of the meeting, but not so included, if that objection is expressly made at the meeting. 6 Return to Mende Report Section 16. Quorum. Thirty(30) of the voting members shall constitute a quorum for the transaction of business at any meeting of members. Provided, however, that if any meeting of members is actually attended by less than one-third of the voting power, the only matters that may be voted on are those for which the general nature of the action was specified on the notice of the meeting. Section 17. Loss of Quorum. The members present at a duly called or held meeting at which a quorum is present may continue to transact business until notwithstanding the withdrawal of enough members to leave less than a quorum, if any action taken (other than adjournment) is approved by at least a majority of the members required to constitute a quorum (or by a greater number if required by law or by the articles of incorporation or these bylaws). Any meeting may be adjourned by a majority of those members in attendance, whether or not a quorum is present. Section 18. Act of the Members. If a quorum is present, the affirmative vote of a majority of the voting power represented at the meeting, entitled to vote and voting on any matter, shall be the act of the members, unless the vote of a greater number is required by law, or by the articles of incorporation or these bylaws. Section 19. Eligibility to Vote/Number of Votes. Voting members entitled to vote at any meeting of members or by ballot shall be all those voting members in good standing as of the date the vote is taken. Each voting member shall be entitled to one vote at any annual or special meeting of members. Section 20. Proxies. Proxy voting is not allowed. Section 21. Action of Members by Written Ballot Without a Meeting. Any action that may be taken at any meeting of members may be taken without a meeting by complying with the following procedure. The President of CASA shall cause a ballot to be distributed to each voting member in accordance with Section 14(e) of this Article. Any written ballot pursuant to this section shall: 1) set forth the proposed action, 2) provide an opportunity to specify approval or disapproval of any proposed action, and 3) provide a reasonable time within which to return the ballot to the Association. The cover letter or memo soliciting ballots shall indicate the number of responses needed to meet the quorum requirement and, with respect to ballots other than for the election of directors, shall state the percentage of approvals necessary to pass the action submitted. The solicitation must specify the time by which the ballot must be received by the Association in order to be counted. Approval of an action by written ballot pursuant to this section shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a 7 meeting at which the total number of votes cast was the same as the number of votes cast by ballot. Directors may be elected by written ballot under this section. If directors are to be elected by written ballot and the Board adopts a nomination procedure for the election process, the procedure may provide for a date for the close of nominations prior to the printing and distributing of the written ballots. A written ballot may not be revoked. All written ballots shall be filed with the Secretary of the Association and maintained in the corporate records for at least three years. ARTICLE III. Board of Directors Section 1. Powers of Board of Directors. The Board, subject to restrictions of law, the Articles of Incorporation, and these bylaws, shall exercise all powers of the Association. Without limitation on its general power, except as specked herein, the Board may do the following: (a) Policies. Adopt policies, rules and procedures for the management and operation of the Association. (b) Administration. Employ or retain an individual or management firm to administer the day-today activities of the Association. An individual retained pursuant to this authority shall be known as the Executive Director. The Executive Director, if any, cannot also be a member of the Board. The Board may also employ, retain, or authorize the employment of such other employees, independent contractors, agents, accountants, and legal counsel as it from time to time deems necessary or advisable in the interest of the Association, prescribe their duties and set their compensation. (c) Bonds. Require officers, agents, and employees charged by the Association with responsibility for the custody of any of its funds or negotiable instruments to give adequate bond. (d) Borrowing money. Borrow money and incur indebtedness on behalf of the Association and cause to be executed and delivered for the Association's purposes, in the Association name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, liens, and other evidences of debt and securities. (e) Gifts. Receive and accept gifts, devises, bequests, donations, annuities, and endorsements of real and personal property, and use, hold and enjoy the same, both as to principal and income, and to invest and re-invest the same or any part thereof for the furtherance of any objects, interests or purposes of this Association. 8 Return to Aaenda Reoorl (f) Contributions. Make such contributions as the Board determines are necessary and advisable in furtherance of the interests and purposes of this Association. (g) Fiscal Year. Fix and change the fiscal year of the Association. (h) Contracts. Enter into contracts and agreements with individuals and with public and private entities for the advancement of the purposes for which the Association is organized. (i) Property. Acquire, construct and possess real and personal property. Q) Bank Accounts and Special Funds. Establish one or more bank accounts and/or special funds in order to accomplish and further the purposes of the Association. (k) Committees. Appoint committees as provided in these bylaws. (1) Lobbying/Political Activity. Lobby local, state, and federal agencies and officials and engage in political activity on issues important to the members of CASA. (m) Political Action Committees. Establish and administer state and federal political action committees in order to accomplish and further the purposes of CASA. (n) Litigation. Initiate or participate in litigation as a party or via amicus brief if such action is deemed in the best interests of the corporation. (o) Other. Do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary for the proper implementation of the purposes of the Association. Section 2. Number/Qualifications. The Board shall consist of 13 directors as follows: Twelve (12) directors elected by and from among the voting members, and One (1) director appointed by the President from among the non-voting associate members. Every director must be interested in and committed to the mission and purposes of CASA. Section 3. Election of Directors. The twelve elected directors shall be elected at the annual meeting of the membership, or by written ballot in accordance with these bylaws. The one appointed director shall be appointed by the President at the annual meeting of 9 the Board. The Board may adopt additional procedures relative to the nomination and election process. Section 4. Terms of Office. The term of office for all elected directors shall be three (3) years and all elected directors shall serve until expiration of the term for which elected and until a successor has been elected and qualified. The term of office for the appointed director shall be one (1) year and he/she shall serve until expiration of the term for which appointed and until a successor has been appointed and qualified. There shall be no limit on the number of terms a director may serve if he or she remains qualified and elected or appointed. The terms of the elected directors may be staggered using any reasonable method. Section S. Reduction of Number of Directors. No change of the authorized number of directors shall have the effect of removing any director before that director's term of office expires. Section 6. Resianations/Removals. Any director may resign by giving written notice to the President or the Secretary. The resignation shall be effective when the notice is given unless it specifies a later time for the resignation to become effective. Any elected director may be removed from the Board by a majority vote of the members at any properly called and noticed membership meeting where a quorum is present or by written ballot pursuant to Section 21 of Article II above. The appointed director may be removed from the Board by a majority vote of the other Board members at any properly called and noticed Board meeting where a quorum is present. Section 7. Vacancies. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (a) the death or resignation of any director, (b) the declaration by resolution of the Board of a vacancy in the office of a director who has been declared of unsound mind by an order of court or convicted of a felony, (c) the vote of the members or the Board, as applicable, to remove any director(s), (d) the increase of the authorized number of directors, or(a) the failure of the members, at any meeting of members at which any director or directors are to be elected, to elect the number of directors required to be elected at that meeting or the failure of the Board to appoint any director they are authorized to appoint. Section 8. Filling Vacancies. Vacancies on the Board may be filled by a majority vote of the remaining directors on the Board at any properly called and noticed Board meeting where a quorum is present. The members may fill any vacancy or vacancies not filled by the Board. Any individual filling a vacancy pursuant to this section shall meet the criteria for election to that seat. An individual appointed to fill a vacancy shall serve until the end of the term of the director whose vacancy he or she is filling. Section 9. Annual and Special Board Meetings. An annual meeting of the Board shall be held in conjunction with the annual membership meeting. Other meetings ("special meetings") of the Board may be held from time to time on the call of the President, the 10 Return to Mende Report Board, or any two directors. The time and purpose for any special meeting shall be set by the person(s) calling such meeting. Section 10. Notice of Board Meetings. Notice of meetings of the Board, specifying the time and place of the meeting, shall be given to each director at least seven (7) days before the meeting if sent by first-class mail or express mail service, or forty-eight (48) hours before the meeting if personally delivered or delivered by telephone (including a voice messaging system), or by electronic transmission by the Association (Corporations Code Section 20). Notice shall be deemed delivered when deposited in the U.S. mail or with an express mail service, or when received if delivered personally or by telephone, or on its confirmation of delivery if by electronic transmission. A notice, or waiver of notice, need not specify the purpose of any meeting of the board. Section 11. Place and Time of Meetings. Meetings of the Board shall be held at whatever place and time is designated from time to time by the Board or persons calling the meeting and, in the absence of any designation, shall be held at the principal office of the Association. Section 12. Board meetings by Telephone or Video Conference or by Electronic Transmission. Directors may participate in a meeting of the Board through use of conference telephone, electronic video screen communication, or electronic transmission by and to the Association (Corporation Code Sections 20 and 21). Participation in a meeting through use of conference telephone or electronic video screen communication constitutes presence in person at that meeting as long as all directors participating in the meeting are able to hear one another. Participation in a meeting through use of electronic transmission by and to the Association, other than conference telephone and electronic video screen communication, constitutes presence in person at that meeting if both of the following apply: (a) Each director participating in the meeting can communicate with all of the other directors concurrently. (b) Each director is provided the means of participating in all matters before the Board, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the Association. Section 13. Waiver of Notice and Consent to Meetings. Notice of a meeting need not be given to any director who, either before or after the meeting, signs a waiver of notice, a written consent to the holding of the meeting, or an approval of the minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. 11 All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given to any director who attends the meeting and does not protest, before or at the commencement of the meeting, the lack of notice to him or her. Section 14. Quorum. A majority of the authorized number of directors shall constitute a quorum of the Board for the transaction of business. Section 15. Act of the Board. Unless otherwise restricted by law or these bylaws, every act or decision done or made by a majority of directors present at a meeting duly held at which a quorum is present shall be regarded as an act of the Board. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of a director(s), if any action taken or decision made is approved by at least a majority of the required quorum for that meeting. Section 16. Adiournment. A majority of the directors present, whether or not a quorum, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of the adjournment to another time or place must be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Any business that might have been transacted at a meeting as originally noticed may be transacted at an adjourned and rescheduled meeting. Section 17. Closed Meetings. Any meeting of the Board may be closed by the President so that only directors and individuals deemed necessary by the President are present. Members of the Association who are not directors may attend any Board meeting unless excluded by the President as described in this Section. Section 18. Board Action Without Meeting. Any action required or permitted to be taken by the Board may be taken without a meeting, if all directors on the board individually or collectively consent in writing to that action. An action by written consent shall have the same force and effect as a unanimous vote of the directors. Section 19. Compensation of Directors/Officers. Directors and officers shall not receive compensation from CASA for their services as directors/officers. Directors/officers may, at the discretion of the Board, receive reimbursement for travel and other actual expenses related to activities on behalf of the Association if authorized by the Board or a committee having such authority. Section 20. Voting Power. For all purposes, the voting power of each voting director shall be one vote. Section 21. Property Rights. No director shall have any property rights in any assets of the Association. 12 Return to Mende Report ARTICLE IV. Officers Section 1. Officers of the Association. The elected officers of the Association shall be a President, a Vice-President, and a Secretary/Treasurer. All officers must be directors. The Executive Director shall be an officer of the corporation, but not an elected officer. Section 2. Election of Officers. The elected officers of the Association shall be elected by the Board from among its directors at the annual Board meeting. Section 3. Terms of Office: Term Limits. Elected officers shall serve at the pleasure of the Board for one (1) year terms. There is no limit on the number of terms an officer may serve if she is a director and continues to be qualified and elected by the Board. Section 4. Removal of Officers. Any elected officer may be removed at any time, with or without cause, by a majority vote of the Board at any properly called and noticed meeting where a quorum is present. Section S. Resignation of Officers. An officer may resign at any time by giving written notice to the President or Secretary of CASA. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective. Section 6. Vacancies in Office. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled by a majority vote of the directors present at any annual or special meeting of the Board where a quorum is present. The individual filling a vacant officer position shall serve until the end of the term of the officer whose vacancy he or she is filling. Section 7. Responsibilities of Officers. (a) President. The President of the Board shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. (b) Vice-President. In the absence or disability of the President, the Vice- President shall perform all of the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions on the President. In case of death or resignation of the President, the Vice-President shall assume the office of President and fulfill the remainder of that term of office. The Vice-President shall have such other powers and perform such other duties as the Board or the bylaws may prescribe. (c) Secretary/Treasurer. The Secretary/Treasurer shall keep or cause to be kept a book of minutes at the principal office, or at such other place as the Board may order, of all meetings of 13 the Board. The Secretary/Treasurer shall give, or cause to be given, notice of all conferences and meetings of the Members and Board for which the bylaws require notice, and shall have such other powers and perform such other duties as the Board or the bylaws prescribe. The Secretary/Treasurer shall keep and maintain the following records on behalf of the corporation: • Copies of the Articles of Incorporation and Bylaws. • Accounting books. • Minutes of board and membership meetings. • Membership lists. • Any records related to special meetings. • Tax records. The Secretary/Treasurer shall cause to be prepared and distributed the following reports on behalf of the corporation: • Annual Report: An annual report, audited by a Certified Public Accountant selected by the Board, must be prepared within 120 days of the close of the corporation's fiscal year. This must include: a balance sheet for the end of the fiscal year; an income statement and statement of changes in financial position for the fiscal year; a statement of where the records of current members' names and addresses are located and; a statement of transactions involving self-dealing, indemnifications or advances between the corporation and any director, officer or holder of more than 10 percent of voting power. The report must be made available to any member on request, and members must be notified of the availability of the report annually. • Secretary of State Filing: A biennial form must be filed with the Secretary of State that gives the name and address of the officers and an agent for service of process. • IRS tax return: A federal tax return must be prepared and filed by November 15 of each year. (d) Executive Director. The Executive Director serves at the pleasure of the Board and may not be an individual who is serving on the Board. The Executive Director shall be the chief executive officer and general manager of CASA and shall supervise, direct, and control the Association's day-to-day activities, affairs, and administration. The Executive Director shall keep the Board apprised of significant matters relating to the operation of the Association, its activities, employees, contractors, and financial condition. The Executive Director shall have such other powers and duties as the Board or the Bylaws may prescribe. 14 Return to Agenda Report ARTICLE V. Committees Section 1. Committees of the Board. The Board may create one or more .'committees of the Board", each consisting of two or more directors and no persons who are not directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be made by the President. Any such committee, to the extent provided in the Board resolution creating the committee, shall have all the authority of the Board, except that no committee, regardless of Board resolution, may: (a) Fill vacancies on the Board or on any committee that has the authority of the Board; (b) Fix compensation of the directors for serving on the Board or on any committee; (c) Amend or repeal Bylaws or adopt new Bylaws; (d) Amend or repeal any resolution of the Board that by its express terms is not so amendable or repealable; (e) Create any other committees of the Board or appoint the members of committees of the Board; or (f) Approve any contract or transaction to which the Association is a party and in which one or more of its directors has a material financial interest, except as allowed by the California Corporations Code. Section 2. Notice Requirements for Committees of the Board. Written notice for meetings of committees of the Board shall be given in accordance with Article III of these bylaws. Provided, however, that this notice may be waived in writing, or by the committee member's actual attendance at the meeting. Section 3. Quorum for Committees of the Board. A majority of the voting members of any committee of the Board shall constitute a quorum, and the acts of a majority of the voting members present at a meeting at which a quorum is present shall constitute the act or recommendation of the committee. Section 4. Advisory Committees. The Board may also establish advisory committees composed of any number of directors and/or non-directors who shall be appointed by the President. Advisory committees shall provide advice and recommendations to the Board but shall not have the authority of the Board or any final decision making authority. Section 5. Meetings by Telephone or Video Conference or by Electronic Transmission. Any meeting of a committee may be held by telephone or video 15 conference or by electronic transmission in the same manner provided for in Article III of these bylaws. ARTICLE VI. Liability, Indemnification, and Insurance stop Section 1. Liabili . Subject to any limitations contained in the California Corporations Code, there is no monetary liability on the part of, and no cause of action for damages shall arise against, any volunteer director or officer of the Association based on any alleged failure to discharge the person's duties as a volunteer director or officer if the duties are performed in accordance with the standards of conduct provided for in the California Corporations Code. Section 2. Indemnification. (a) Indemnification. To the fullest extent permitted by law, this Association shall indemnify its directors, officers, employees, and other persons described in Section 7237(a) of the California Corporations Code, including persons formerly occupying any such positions, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any"proceeding," as that term is used in that Section, and including an action by or in the right of the Association, by reason of the fact that the person is or was a person described in that Section. "Expenses," as used in this bylaw, shall have the same meaning as in Section 7237 of the California Corporations Code. (b) Approval of Indemnity. On written request to the Board by any person seeking indemnification under Section 7237(b) or Section 7237(c) of the California Corporations Code, the Board shall promptly determine under Section 7237(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 7237(b) or Section 7237(c) has been met and, if so, the Board shall authorize indemnification. If the Board cannot authorize indemnification because the number of directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of directors who are not parties to that proceeding, the Board shall promptly call a meeting of members. At that meeting, the members shall determine under Section 7237(e) whether the applicable standard of conduct set forth in Section 7237(b) or Section 7237(c) has been met and, if so, the members present at the meeting shall authorize the indemnification. Section 3. Insurance. The Board shall adopt a resolution authorizing the purchase and maintenance of an insurance policy or policies or bond on behalf of its directors, officers or employees against any liabilities, other than for violating provisions against self- dealing, incurred by the director, officer or employee in such capacity or arising out of their status as such. 16 Return to Mende Report ARTICLE VII. Miscellaneous Section 1. Inspection of Records. The members and directors of the Association shall have the right to inspect the records of the Association to the extent and under the circumstances provided by the California Nonprofit Mutual Benefit Corporation Law. Section 2. Fiscal Year. Unless changed by the Board, the fiscal year of the Association shall begin on July 1 and end on June 30. Section 3. Conflicts of Interest. Board members and committee members must actively seek to avoid situations and activities that create an actual or potential conflict between the individual's personal interests and the interests of the Association. If a Board member or committee member believes that a conflict exists relative to a particular issue being considered by the Board or any committee, he or she shall disclose the conflict to the Board or committee, as appropriate, and abstain from discussion or voting on the issue. For purposes of this section and these bylaws, a "conflict of interest" means a situation in which a Board or committee member is part of a discussion or decision by the Board or a committee which has the potential to financially benefit that Board or committee member or a member of that Board or committee member's immediate family. "Immediate family" means, spouse or same-sex/domestic partner, children, parents, siblings, parents-in-law, or siblings-in-law. Both the fact and the appearance of a conflict of interest should be avoided. Board members or committee members who are unsure as to whether a certain transaction, activity, or relationship constitutes a conflict of interest should discuss it with the President, who will determine whether disclosure to the Board or the assistance of legal counsel is required. Section 4. Intellectual Property. All intellectual property prepared or purchased by or on behalf of the Association, including but not limited to the CASA name, educational, promotional, and training materials, newsletters, contracts, logos, service marks, membership lists, contributor lists, and research results, shall be the exclusive property of the Association and directors, members, and contractors/employees agree to deal with it as such. Directors, members and contractors/employees agree that they will not sell, transfer, publish, modify, distribute, or use for their own purposes, the intellectual property belonging to the Association without prior approval of the Board memorialized in a writing signed by the President. Section 5. Required Disclosures and Reporting. CASA shall comply with the disclosure and reporting requirements of federal and state agencies to which it is subject. 17 ARTICLE Vill. Amendments Section 1. Amendment to Bylaws. These bylaws may be initially adopted, amended, or repealed and new bylaws adopted, by a majority vote of the Board at any properly called and noticed meeting where a quorum is present. However, approval of the members is also required for any amendment or for new bylaws after the initial adoption that would: (a) Materially and adversely affect the members' rights as to voting or dissolution; (b) Effect an exchange, reclassification, or cancellation of all or part of the memberships; (c) Authorize a new class of membership; (d) Change the number of authorized directors; (a) Change from a fixed number of directors to a variable number of directors, or vice versa; (f) Increase or extend the terms of directors; (g) Allow any director to hold office by designation or selection rather than by election by the members; (h) Increase the quorum for members' meetings; or (i) Repeal, restrict, create, expand, or otherwise change proxy rights. All proposed bylaw amendments or new bylaws must be sent to all directors and/or members eligible to vote on such amendments or new bylaws at least ten (10) days prior to the meeting at which the amendments or new bylaws will be discussed and voted on. ARTICLE IX. Dissolution Section 1. Voluntary Dissolution. The Association may be voluntarily dissolved at any time by a majority vote of the voting members at any properly called meeting where a quorum is present. If the voting members approve the dissolution, the Board shall promptly cease operations and proceed to wind up and dissolve the Association. 18 Return to Mende Report Section 2. Remaining Assets. Upon the dissolution of the Association, all debts thereof shall be paid and its affairs settled, and all remaining assets shall be distributed as determined at the time of dissolution by the CASA Board in its sole discretion, so long as the distribution is not inconsistent with law. 19 CERTIFICATE OF SECRETARY OF CALIFORNIA ASSOCIATION OF SANITATION AGENCIES I certify that I am the duly elected and acting Secretary of the CALIFORNIA ASSOCIATION OF SANITATION AGENCIES, a California Nonprofit Mutual Benefit Corporation; that the above Bylaws, consisting of 20 typewritten pages including this page, are the Bylaws of this Association as adopted by the Board of Directors on March 10, 2014, and approved by the voting members on 2014; and that these Bylaws have not been amended since that date. Executed on the day of 2014, at California. Secretary a c r, 3 C' w C < o L: L' 20 Return to Agenda Report rt CALIFORNIA ASSOCIATION of SANITATION AGENCIES 1225 8"Street.Suite 595•Sacramento,CA 95814•TEL:(916)446-0388_www.casaweb.ora April 21, 2014 Executive Board President STEPHEN A.HOGG TO: James D. Herberg City of Fresno Orange County Sanitation District lst wee President 10844 Ellis Avenue D WILLIAMS e Eastast BD ay R Municipal Utility DislriDistrictFountain Valley, CA 92708 2nd Vice President KEVIN M.HARDY FROM: ROBERTA LARSON, EXECUTIVE DIRECTOR Encino Wastewater Authority Sacratary-Treasum, RE: VOTE NEEDED ON PROPOSED NEW BYLAWS—MAIL TOMDGE ee Sandler,District BALLOTS DUE BY JUNE 16, 2014 TIMOTHY P.BECKER Oro Loma Sanitary District Over the past two years, CASA has made a number of organizational DAVE BACHTEL changes to implement the Association's Strategic Plan. As part of this Lee A R. effort, the Executive Board identified the need to modernize and update PAUL BUSHES the bylaws to ensure CASA is compliant with applicable California law. Laucadia Wastewater Dishid The bylaws have been revised in accordance with the advice of general WILLIAM C.LONG counsel, Jill S. England, and the Executive Board has approved the new Nevado Sanitary District bylaws. Now we need the members' approval for the new bylaws to JEFF M.MOORHOUSE become effective. Ceminleria Sanitary Diahict MARGIE L.RICE MMway City Sanitary Disaict If adopted, the enclosed new bylaws will replace the existing bylaws in E.J.SHALABY their entirety. The proposed bylaws address the following key areas: West County Wastewater Distract a Membership: Clarification of voting, definition of quorum Board of Directors: Length of terms ROBERTA L.LARSON a Officers: Designated officers, manner ofelection Executive Director • Committees: Types of committees authorized MICHAEL F.DILLON Slate Lobbyist The most significant changes are described in the following pages of this GREG KESTER memorandum. In addition, the enclosed side-by-side comparison of the Blosolids Program Manager proposed bylaws with the existing bylaws may assist you in your review. ERIC SAPIRSTEIN Federal Legislative Advocate CASA will also hold two webinars in early June for members interested in Federal learning more about the proposed bylaws and to answer any questions members may have. Additional information regarding the schedule and logistics for the webinars will be provided soon. Historically, CASA has approved revisions to the bylaws during the business meeting portion of the conference. We are using a mail ballot for this election in order to have the new bylaws in place prior to the annual conference in August. Each member agency has one vote. The ballot is being sent out two months ahead of the voting deadline to allow consideration of the bylaws by the agency governing boards, as appropriate. Vote Needed April 21, 2014 page 2 Enclosed is an "Official Ballot"for the purpose of voting on this important matter. The existing bylaws govern this process until the new bylaws are effective. Based on the quorum requirement for membership actions, we need to receive ballots back from at least a majority of the voting members (at least 56 ballots must be returned), and of those voting, at least a majority must approve the new proposed bylaws. Please complete the enclosed ballot and return it by the deadline. Your vote on this matter is very important. When ballots are received, they will be placed, unopened, in a designated location. Once the deadline to vote has passed, I will personally open and count the ballots in the presence of two witnesses and report the results to the membership. We must receive your completed signed ballot at the CASA office (1225 8th Street, Suite 595 Sacramento, CA 95814) no later than June 16, 2014, in order for it to be counted. A postmark date will not suffice—a completed/signed ballot must be received by that date. Thank you in advance for your participation in this important vote. Please don't hesitate to contact me if you have questions. Email: blarson(rDcasaweb.om Ensuring Clean Water for California Return to Mende Report Proposed New CASA Bylaws Why New Bylaws? CASA's existing bylaws have served the organization well. The bylaws have not undergone a comprehensive review and revisions for many years, and in the assessment of the Board and Executive Director, no longer meet the Association's needs. The objective of the new bylaws is to be (1) legally compliant; (2) address the core governance of the association; and (3) allow flexibility to operate and adapt to changing priorities (for example, with regard to committee structure.) In November CASA retained Jill S. England to serve as General Counsel and to prepare revised bylaws. Counsel's assessment was that the Association's existing bylaws are deficient and require significant redrafting. The proposed bylaws reflect the recommended bylaws for a section 501(c)(6) mutual benefit corporation and meet both state and federal law requirements. What are the Key Provisions? Article It: Members • Section 1: Each member agency must designate in writing the individual (and alternate) who will have exclusive voting rights for the agency. (Page 2.) • Sections 6-8: Sets forth the process for suspending or expelling a member. (Pages 3-4.) • Section 13: Member meetings. State law requires that official notices of member business meetings and ballots (for voting outside a meeting) be provided by U.S. mail unless the members have signed a consent form. Thus, if CASA wants to rely on email notices for member meetings, we must have consent forms on file. (Pages 5-6.) • Section 15: Membership Quorum. A quorum is defined as 30 members. (Page 7.) • Budget: The proposed bylaws delete the requirement that the annual budget be approved by the membership. The budget is a planning document related to the sound management of the Association, and will be approved by the Board. Article III: Board of Directors • Changes the nomenclature from Executive Board to Board of Directors. • Section 4: Terms of Office. Provides for three year terms of office for elected Directors. The President will continue to appoint the Associates' Director. • Section 10: Board meetings. As noted above for member meetings, State law requires that official notices of Board meetings be provided by U.S. mail unless the Directors have signed a consent form. (Page 11.) • Section 19: Prohibits compensation of Directors and elected Officers by CASA. Directors and elected officers must be volunteers (not paid) in order to qualify for the liability protection offered by section 7231.5 of the California Corporations Code. (Page 13.) Article IV: Officers • Sections 2-4: Election/Removal of Elected Officers. The revised bylaws call for the Board to elect officers from among its members to serve one year terms, and specifies that officers serve at the pleasure of the Board. This is the structure the statute contemplates and it would allow the Board to deal with the (unlikely but not impossible) situation of a non-performing or disruptive officer. (Page 13.) • Section 7: Responsibilities of Officers: The proposed bylaws specify three officer positions: President, Vice President and Secretary/Treasurer. (Page 14.) • Past Presidents: Past Presidents with time remaining in their terms of office would serve out their terms. If a president were in the third year of a three year term, it is possible that he or she would leave the Board following the one year term as President. Article V: Committees This section has been significantly streamlined. The bylaws simply authorize the Board to establish either committees of the Board or advisory committees and the committees are not enumerated in the bylaws. Under the applicable statute, there are only two types of committees authorized—"committees of the board" and "advisory committees." All committees must fall under one of these two categories. Article Vill: Amendments to Bylaws: • Section 1: Specifies the types of bylaws changes that require member approval. (Page 19.) Return to Mende Report Side-by-Side Comparison CASA Bylaws Topic Proposed Bylaws Current Bylaws Rationale for Change Article II: Members Official notices Requires Consent for Electronic Silent Consent Required by Law (Corp Distribution of official notices Code Dues Provides for member approval of Provides for member approval of No Change dues dues Quorum Defined as 30 members Defined as a majority of member Facilitates conduct of official agencies represented at a meeting business outside meetings Ensures quorum is representative of membership by establishing quorum as a fixed number of members Budget Approved annually by Board of Approved annually by membership Budgeting is a function of elected Directors Board Article III: Board of Directors Nomenclature Board of Directors Executive Board Consistent with nonprofit corporation law &typical practice Terms of Office for 3 years; 4 seats elected each year Technically, one year but in Facilitates turnover, provides clarity elected directors practice open ended re duration of commitment to directors Article IV: Officers Number/titles Three (3): President, Vice President, Four (4): president, First Vice Secretary/Treasurer President. Second Vice President, Secretary/Treasurer Election/terms Elected by the Board of Directors for Elected by the membership for one Consistent with statute; allows the one (1) year terms (1) year terms Board to deal with non-performing or disruptive officer. Past Presidents May remain on the Board until end of Automatically remain on Board for Consistent with fixed terms three year term as Director and may 2 years following term as President be re-nominated Article V: Committees Types of Authorizes establishment of two types of Enumerates 12 Change is consistent with corporation law; Committees committees: Board Committees, consisting Standing Allows greater flexibility with formation of only of Directors and Advisory Committees (all committees committees, membership, functions, etc. other committees) CASA will retain committees as outlined in the attachment and announced to the membership in January 2014 though no longer enumerated in the bylaws In addition, a number of provisions were removed from the bylaws. The goal was to have the bylaws conform to legal requirements and reflect as much as possible the standards for non-profit associations. Deleting these programmatic details from the bylaws will allow CASA to be more flexible, accommodate innovation, change its committee structure in response to member needs, and ensure the bylaws serve their true function: To define, control and set the basic principles and manner by which the organization will be operated. CASA will continue to develop policies, procedures, strategic plans and other documents that will cover much of the information not carried forward in the bylaws. Provisions to be deleted or significantly revised: • Mission and Strategic Goals (simplified into a statement of purpose) • Committees (revised) • Rules of procedure • Schedule and Detail re Dues Structure. Return to Mende Report CALIFORNIA ASSOCIATION OF SANITATION AGENCIES OFFICIAL BALLOT The voting members of the California Association of Sanitation Agencies ("CASA") are requested to cast their votes on the following important action: New Bylaws New bylaws have been approved by the Executive Board. A copy of the proposed new bylaws is enclosed. The Board recommends repeal of the existing CASA bylaws and approval of the new bylaws by the membership. Please check one: Approve repealing existing CASA bylaws and adopting proposed new bylaws Do not approve repealing existing CASA bylaws and adopting proposed new bylaws Please mark this Official Ballot for approval or disapproval and then print voting member's name and your name and sign your name and date below where indicated. In order to be counted, this original completed, signed and dated Official Ballot must be RECEIVED at the CASA office (1225 8th Street, Suite 595, Sacramento, CA 95814) on or before June 16, 2014. A postmark on that date is not sufficient—the ballot must be received at the CASA office by the deadline in order to be counted. Thank you. Dated: Type or print name of CASA voting member Signature of CASA voting member representative Type or print name of representative Telephone number Email address ITEM NO. 18 MINUTES LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE MEETING Orange County Sanitation District The Legislative and Public Affairs Special Committee meeting convened on Monday, May 12, 2014, at 8:09 a.m. in the Administration Building of the Orange County Sanitation District. Director Reese led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager Troy Edgar, Board Chair Bob Ghirelli, Assistant General Tom Beamish, Board Vice-Chair Manager Brad Reese, Administration Committee Nick Arhontes, Director of Facilities Chair Support Services John Withers, Administration Jeff Reed, Director of Human Committee Vice-Chair Resources David Benavides, Director Rob Thompson, Director of Engineering Lorenzo Tyner, Director of Finance & Administrative Services COMMITTEE MEMBERS ABSENT: Maria Ayala, Clerk of the Board John Nielsen, Operations Committee Faviola Miranda, Sr. Public Affairs Chair Specialist OTHERS PRESENT: Heather Stratman, Townsend Public Affairs Eric Sapirstein, ENS (via teleconference) PUBLIC COMMENTS: None. REPORTS: No report from Chair Edgar. No report from General Manager, Jim Herberg. Minutes of the Legislative and Public Affairs Special Committee May 12, 2014 Page 2 of 3 CONSENT ITEMS: 1. MOVED, SECONDED, and DULY CARRIED: Approve the minutes for the Committee meeting held on April 16, 2014. AYES: Beamish; Benavides; Edgar; Reese; and Withers. NOES: None ABSTENTIONS: None ABSENT: Nielsen INFORMATIONAL ITEMS: 2. Federal Legislative Update Mr. Sapirstein reported on his meetings at the recent ACWA Conference as they related to the grant proposal efforts being made by OCSD. Mr. Sapirstein also reported on the issue of the District's rip rap removal and the meeting with the Corps of Engineers. 3. State Legislative Update Ms. Stratman gave an update on SB 946. It will be sent to the Assembly in June. She also reported on: drought relief issues at the state level; water bonds; and will follow up with more information on the pharmaceutical bill. 4. OCSD Public Affairs Update Faviola Miranda, Sr. Public Affairs Specialist, gave a report on OCSD's PAO Strategic Outreach Plan. She distributed a copy of the plan for July 2013 - January 2015, and a "Facts and Key Statistics' page translated into four languages. 5. OCSD Corporate Identity Mr. Herberg opened discussion on the issue of OCSD corporate identity, as it may be time for the District to look at a possible name change. The Committee discussed corporate branding, name change, etc. and will continue to look into possibly proceeding with this in the future. Minutes of the Legislative and Public Affairs Special Committee May 12, 2014 Page 3 of 3 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Edgar announced that today will be the first meeting for the OCSD-SAWPA Joint Policy Committee (JPC). An agenda has been prepared and the meeting has been publicly noticed. The JPC will look to discuss how formal future meetings shall be conducted. The Steering Committee had brief discussion over what type of committee this should be considered. ADJOURNMENT: Chair Edgar declared the meeting adjourned at 9:21 a.m. Submitted by: Maria E. Ayala Clerk of the Board ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District GOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency Glossary of Terms and Abbreviations SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) —A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Glossary of Terms and Abbreviations Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor becomes the DrT for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Glossary of Terms and Abbreviations Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.