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HomeMy WebLinkAbout08-27-2014 Board Meeting Agenda Packet Orange County Sanitation District sw°i"renorCOUNnDI�W Wednesday, August 27, 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: (Gene Hernandez, City of Yorba Linda) 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 Orange County Business Council o Orange County Taxpayers 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. Ob 7/14 OCSD Board of Directors Agenda Page 1 of 5 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. 1. Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 07/15/14 07/31/14 Totals $ 9,181,325.97 $ 57,861,458.08 CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 2. Approve minutes for the Regular Board Meeting held on July 23, 2014. 3. A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to Fleming Environmental, Inc. for P1 Hazardous Waste Storage Relocation, Project No. FE12-02, for a total amount not to exceed $398,111; and C. Approve a contingency of$39,811 (10%). 4. A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to Amtek Construction for Wi-Fi Installation P2, Project No. FE12-03, for a total amount not to exceed $177,973; and C. Approve a contingency of$17,797 (10%). 5. A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to O'Connell Engineering & Construction, Inc. for Repairs to Bar Screen at D Headworks at P2, Project No. FE13- 02, for a total amount not to exceed $285,000; and C. Approve a contingency of$28,500 (10%). 08/27/14 OCSD Board of Directors Agenda Page 2 of 5 6. Approve the revised FY 2014-15 "not-to-exceed" quote for the following insurances: EMT & Manager Disability- Not to Exceed $29,461 7. A. Authorize the General Manager to enter into a consulting services agreement with Steve Filarsky, an individual and member of Filarsky & Waft LLP, for labor relations consulting services for a tens of twelve (12) months, at an hourly rate of $290 per hour, for a total amount not to exceed $55,000, in a form approved by General Counsel; and, B. Approve a contingency of $22,000 (40%). NON-CONSENT: 8. Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD-44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section 1.07B (Emergency Procurement), authorizing the General Manager to issue Purchase Order No. 97782-OS to Rockwell Engineering & Equipment Co for the emergency purchase and installation of one mixing pump and motor at Plant No. 2 Digester P Pump Room for a total amount not to exceed $109,016 delivered and including tax; and approve a contingency of$5,450 (5%). 9. Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD-44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section 1.07E (Emergency Procurement), authorizing the General Manager to issue the purchase orders below for Emergency Repair Services for Plant No. 1 Headworks Splitter Box: A. Purchase Order No. 105219-OB to Jamison Engineering Contractors for providing construction services, for a total amount not to exceed $120,000 B. Purchase Order No. 105220-OB to Carollo Engineers for providing engineering services, for a total amount not to exceed $50,000 C. Purchase Order No. 105222-OB to Performance Pipeline for providing sewer cleaning services, for a total amount not to exceed $40,000 STEERING COMMITTEE: 10. Approve minutes for the Steering Committee Meeting held on July 23, 2014. OW27/14 OCSD Board of Directors Agenda Page 3 of 5 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) CONFER WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Steve Filarsky, James Ruth, James Herberg, Robert Ghirelli, Jeff Reed, and Richard Spencer. Employee Organizations: 4 • International Union of Operating Engineers, Local 501; and • Orange County Employees Association (OCEA); and • Supervisors and Professionals Group; and • Unrepresented Employees Reconvene in regular session. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: 08/27/14 OCSD Board of Directors Agenda Page 4 of 5 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Adjourn the Board meeting until the Regular Board Meeting on August 27, 2014 at 6:30 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's once 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. Kelly A. Lore Acting Clerk of the Board (714)593-7433 klore(o3ocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbem(rpomd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli[dlocsd.cem Director of Engineering Rob Thompson (714)593-7310 rthomoson0ocsd.cem Director of Facility Support Services Nick Arhontes (714)593-7210 narhontesaocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(rpocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireed(o)ocsd.mm Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 081 OCSD Board of Directors Page 5 of 5 BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir. — o8/n/ta AGENDA REPORT Item Number Item Number 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 7/1/14 — 7/15/14 and 7/16/14 —7/31/14 Page 1 of 1 Claims Paid From 7/1/14 to 7115/14 Return to Agenda Rom Vendor Warrant No. Amount Description Accounts Payable Warrants 1000BULBS.COM U182 223.27 ElectnceVElectmnic Equipment,Pads&Repairs 3CMA M050 85.00 Professional Organizations MestingRmininglMembership ACORN MEDIA N051 1,458.09 Minor Equipment,Perk,Accessories&Services ADAMS POLISHES,INC. W052 484.07 Small Tools AECOM Technical Services,Inc. N168 28,006.44 Professional Sawices/Engineering Design Services Aerotek U053 60.00 Professional Servicesaempomry Services Ago IndustriesDBA So-Cel Sweeping N265 880.00 Street Sweeping Services Air Liquide America Corp. U183 460.76 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 66054 14.300.05 Laboratory Services&Supplies Airgas Safety,Inc. 1851 4,470.95 Safety,Security,Health Equipment,Supplies,and Services Antes Safety,Inc. 1862 834.57 Safety,Security,Health Equipment,Supplies,and Services Airgas USA,LLC 1852 941.54 Laboratory Services&Supplies Airgas USA,LLC 1863 17590 Laboratory Services&Supplies Alhambra Foundry Co.,Ltd. U055 18,256.32 Repair&Maintenance Services andlor Supplies Alliant Insurance Services N169 1,124,010 23 Insurance Allied Packing&Rubber,Inc. U056 170.76 Repair&Maintenance Services andlor Supplies ALLIED RELIABILITY M057 22,835.00 Professional Services American Integrated Services,Inc. 66043 60.816]5 Grit&Screenings Disposal American Traince,Inc. M058 8,880.00 Training Registration American Water Works AssoaJWater Qualk 66184 6.00 Professional Organizations MestingRmininglMembership/Meeting Registration APEX CONTROLS M059 572.00 Repair&Maintenance Services and/or Supplies AppleOne Employment Service 1853 919.60 Professional ServicesRempomry Services Applied Industrial Technology M060 26.83 Repair&Maintenance Services and/or Supplies Arizona Instruments,L.L.C. M062 8,888.24 ElectiicaVElectronic Equipment,Parts&Repairs AT&T Mobility II,L.L.C. Rom 614.01 Telecommunications AT&T Mobility ll,L.L.C. M065 7.337.48 Telecommunications AT&T Universal Biller M187 2,569.01 Telecommunications Atkinson,Andelson,Lop,Rudd&Ruud M066 2.622.00 Professional Services-Legal Auto Shop Equipment Co.,Inc. M188 237.50 Autos,Trucks&Marine Equipment,Parts,Accessories&Services AW Associates Inc. M189 150.00 Repair&Maintenance Services and/or Supplies AWSI M067 W5.50 Professional Services-DOT Program Administration BARBOZA&ASSOCIATES,A LAW CORP. M190 12,564]5 Professional Services-Legal BEC-Building Electronic Controls,Inc M191 4,249.10 Electrical/Electronic Equipment Pads&Repairs BioMerieux Vick,Inc. M068 4,341.00 Labomtory Services&Supplies Black&Veatch Corporation M170 25,172.52 Professional Services/Engineering Design Services Going-Anaheim M069 13,T73.74 Reconciliation User Fee Refund Program C.A.Shod Company M192 27.00 Safety,Security,Health Equipment,Supplies,and Services CALIFORNIA DEPARTMENT OF M289 3.029.76 Environmental Document Filing Fee California Dept.of Child Support M193 2,498.05 Judgments Payable Callan Associates,Inc. 66194 4,358.50 Investment Advisory Services Carl Environmental,Inc. M195 4,291.67 CEMS Maintenance Agreement City of Huntington Beach M096 13.765.69 Water Use City of Newport Beach M115 1,207.79 Water Use City of Tustin M070 205.72 Water Use Compline,LLC M196 600.00 Professional Organizations MeetingffouninglMembership Consolidated Electoral Distributors M071 346.62 ElectdcallElectronic Equipment,Parts&Repalrs Constellation Newenergy Gas Division LLC M197 17,498.70 Natural Gas Cooperative Personnel Services M077 184.00 Human Resources Services County of Orange M167 3,029.75 Governmental Agency Fees&Charges County of Orange Auditor Controller M073 810.00 Governmental Agency Fees&Charges County of Orange Auditor Controller M074 405.00 Governmental Agency Fees&Charges EXHIBITA nmzlair Page 1 of 6 ewnpu Claims Paid From 7/1/14 to 7115/14 Return to Aaenda Rom Vendor Warrant No. Amount Description County of Orange Auditor Controller M075 435.00 Govemmental Agency Fees&Charges County of Orange Auditor Controller U076 1,500.00 Governmental Agency Fees&Charges County of Orange Auditor Controller M198 795.00 Governmental Agency Fees&Charges County of Orange Auditor Controller N199 480.00 Governmental Agency Fees&Charges County of Orange Auditor Controller W200 720.00 Governmental Agency Fees&Charges County of Orange Auditor Controller N201 600.00 Governmental Agency Fees&Charges County of Orange Auditor Controller U202 1,275.00 Governmental Agency Fees&Charges Court Order N227 2,179.38 Judgments Payable Court Order U257 108.00 Judgments Payable Court Order N283 912.50 Judgments Payable Crane Veyor Corp. U203 4,760.00 Repair&Maintenance Services and/or Supplies CSAC Excess Insurance Authority N171 222,527.00 Insurance CWEA Membership U078 444.00 Professional Organizations MeetingRraininglMembership Dale O.Herdsman N285 354.60 MeetinglTreining Expanse Reimbursement David Wheeler Pest Control,Inc. 66204 1,260.00 Pest Control Services Detection Instruments Corporation N205 1,613.37 Electrical/Electronic Equipment,Pads&Repairs Dunn-Edwards Corporation U207 21.52 Facilities,Maintenance,Services&Supplies Dyntek Services,Inc. M208 1,828.13 Computer Applications&Services Econolite Combat Products Inc. M079 544.76 Final Reconciliation Industrial Discharge Program Eddi Consulting,LLC 66080 2,748.08 Professional ServlcesBCADA Software Maintenance Support Employee Benefits Specialists,Inc. M081 797.50 Reimbursed Prepaid Employee Medical&Dependent Care Employee Bananas Specialists,Inc. M172 864,007.03 Reimbursed Prepaid Employee Medical&Dependent Cara Employee Benefits Specialists,Inc. M209 11.830.46 Reimbursed Prepaid Employee Medical&Dependent Care Environmental Engineering&Contracting M210 2,000.00 Professional Services/Specialty Course Audits ENVIRONMENTAL RESOURCE ASSOCIATES M082 987.46 Laboratory Services&Supplies Envimsupply&Service,Inc M083 499.93 Laboratory Services&Supplies Eros Yong M166 142.60 MeetingRraining Expense Reimbursement E%ng Initiation 66084 2,669.30 Irrigation Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. H085 1,565.79 Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. M211 1,217.27 Reiter&Maintenance Services and/or Supplies Exchanger Works&Fab.Co. H212 13.760.50 Repair&Maintenance Services and/or Supplies Faviola Miranda M286 421.84 Meetingrtreining Expense Reimbursement First American Corelogic H072 66.90 Software Maintenance Agreement Fisher Scientific M086 1,335.05 Laboratory Services&Supplies Fisher Scientific H213 7,546.65 Laboratory Services&Supplies Flo Systems,Inc. M214 13,473.00 Repair&Maintenance Services and/or Supplies FLW,Inc. H215 1.756.00 ElediicalfElectronic Equipment,Pans&Repairs Fountain Valley Body Works 2 M206 727.19 Autos,Trucks&Marine Equipment,Pads,Accessories&Services Ganahl Lumber Company H087 73.85 Facilities,Maintenance,Services&Supplies Garrett Callahan Company 66088 145.76 Chemicals,WatedWastewater Treatment George Rivera 66164 1,049.67 MeetingRraining Expense Reimbursement Golden State Ovamight Delivery Service M216 259.78 Courier Services Golden State Water Company M089 134.05 Water Use Grainger,Inc. 66090 17.07 Repair&Maintenance Services and/or Supplies Graybar Electric Company M091 1p40.92 ElecticaVElectronlc Equipment,Pads&Repairs Graybar Electric Company M217 2,477.65 Elecincal/Electronic Equipment,Pads&Repairs Hach Company M092 5,844.56 Laboratory Services&Supplies Hach Company M218 60.36 Laboratory Services&Supplies Hardy Diagnostics M093 153.84 Laboratory Services&Supplies Harrington Industrial Plastics,Inc. "1 1,036.67 Repair&Maintenance Services and/or Supplies Hewlett Packard Company M095 22.186.73 Computers,SoftwarelHardware Hill Brothers 1849 206,481.61 Chemicals,WatedWastewater Treatment EXHIBITA nrvzlair Page 2 of 6 ewng14 Claims Paid From 7/1/14 to 7115/14 Return to Agenda Rom Vendor Warrant No. Amount Description Hill Brothers 1861 204,648.87 Chemicals,Water/Wastewater Treatment Huntington Beach,City of-Permit fees U291 31533.00 Permit Fee I.A.M.Environmental M219 4,301.52 Repair&Maintenance Services and/or Supplies Industrial Hearing&Pulmonary Mgmt. R097 4,800.00 Employee Medical Surveillance Services Industrial Metal Supply W098 761.66 Repair&Maintenance Services and/or Supplies Infrastructure Engineering Corp. N220 15,306.00 Professional Services Inorganic Ventures,Inc. U221 1,088.02 Laboratory Services&Supplies INTERLOC SOLUTIONS,INC. N173 43,082.67 Software License Fees Interstate Batteries of Cal Coast U222 1,841.65 Repair&Maintenance Services and/or Supplies Intl.Union of Open Eng.AFL CIO Local N223 4,636.42 Dues Deductions Intratek Computer,Inc. U224 1,745.10 NetworldServer/Printer Maintenance Services Invensys Systems,Inc. 1854 325.97 ElectricallElectmnic Equipment,Pads&Repairs Invensys Systems,Inc. U225 3,114.21 EleciriceVElecironic Equipment,Pans&Repairs J R Filanc Construction 66049 382.709.11 Construction James D.Ruth U290 1,100.00 Professional SeedoesaZonsultant Jamison Engineering Contractors,Inc. N099 4.991 Professional Services/Consimchon Support Services Jamison Engineering Contractors,Inc. U174 121,767.53 Professional ServiceluConsimction Support Services Jays Catering M226 835.49 Catering Services Johnstone Supply 66100 523.26 Repair&Maintenance Services and/or Supplies Kemira Water Solutions 18M 4Q134.52 Chemicals,Water/Wasteaater Treatment Ken A.Sakamoto M287 1.854.66 Meeting/Training Expense Reimbursement KIMCO STAFFING SERVICES 66101 1,494.00 Professional SewicesRemporary Services Koury Engineering and Testing,Inc. M228 5.490.00 Professional ServioadEngineering Design Services Larry S.Andresen M185 300.00 MeetingfTreining Expense Reimbursement Lee&par,Inc. M229 1,844.73 Professional ServicadEngineering Design Services Lewis Brisbois Bisgaard&Smith M230 469.20 Professional Services-Legal Lieber Cassidy M102 86.00 Professional ServicadEmployee Relations Lilleshand and Associates M103 2,653.06 Professional Services Lisa A.Rothbar M165 795.00 MeetingRreining Expense Reimbursement Mail Dispatch,LLC M231 330.12 Mail Delivery Service Malcolm Firma Inc. 66044 33,995.60 Construction MARKLAND SPECIALTY ENGINEERING LIMITED M232 1,053.21 Small Tools May T.Kyi M163 1,634.89 MeetingRreining Expense Reimbursement MCGladrey&Pulled LLP 66104 3,000.0o Professional Services-Financial Auditing McMaster-Can Supply Co. M105 384.64 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. M233 333.05 Repair&Maintenance Services and/or Supplies Megger 66234 10,998.48 Computer Applications&Services Mesa International Technologies,Inc. M106 2,056.08 Repair&Maintenance Services and/or Supplies Midway Mfg.&Machining Co. M107 18,889.20 Regain&Maintenance Services and/or Supplies Miele,Inc. 66108 126.96 Laboratory Services&Supplies Mike Salado Construction Co.,Inc. M179 632.404.95 Construction MISCO M235 1,853.93 Repair&Maintenance Services and/or Supplies Mobile Hose&Hydraulic Supply M109 317.12 Repair&Maintenance Services anchor Supplies Moore Medical Inc. 1855 102.21 Medical Supplies Morrow Meadows Corp. M180 43,113.60 Construction Motion Industries,Inc. 66110 5,000.37 ElectricallElectronic Equipment,Pans&Repairs MTM Recognition Corporation 68111 763.43 Service Awards Multi W Systems,Inc.-Remit M236 2,893.56 Pump Supplies Municipal Equipment Maintenance Assuming M237 275.00 Professional Organizations MeetingRreininglMembership MWH Americas,Inc. M175 29,467.82 Professional Services/Engineering Design Services Myers&Sons Hi-Way Safety,Inc. M238 36.68 Repair&Maintenance Services and/or Supplies National Technology Transfer,Inc. M239 899.00 Professional Organizations MeetinglTrsininglMembership nmzralr EXH Page 3 of 6 wfi2014 Claims Paid From 7/1114 to 7115/14 Return to Aconite Rom Vendor Warrant No. Amount Description Neal Supply Co. W112 1,506.58 Repair&Maintenance Services anchor Supplies New Pig N113 225.51 Repair&Maintenance Services and/or Supplies Newark Electronics W114 42.10 ElectiicallElectronic Equipment,Pans&Repairs Nexus Is,Inc. N176 29,394.40 Electim el/Electmnic Equipment&Parts-IT Noical Controls Incorporated W240 839.46 Repair&Maintenance Services anchor Supplies NORLAB N116 143.70 Laboratory Services&Supplies North Central Labs U241 111.17 Laboratory Services&Supplies OCB Reprogrephics N061 1,973.52 Prinfing/Reprographics Services OCB Reprographics U186 669.20 Printing/Reprographics Services OCEA N242 65325 Dues Deductible Office Depot U117 532.36 Office Supplies Once Depot N243 232.11 Office Supplies Office Team 66118 815.86 Professional Services/Temporary Services Office Team 66244 3,917.00 Professional Services/Temponry Services Oi Corporation U119 2,677.73 Laboratory Services&Supplies Olin Corporation N120 9,021.37 Chemicals,WaterrWastewater Treatment ONE WAY SOLUTIONS,LLC U121 469.70 Miscellaneous Maintenance Supplies OneSource Distributors,Inc. M122 19,218.43 Eledncal/Electmnic Equipment,Pans&Repairs OneSource Distributors,Inc. M245 2.113.31 ElectiirallElectronic Equipment,Pans&Repairs Orange County Auto Pads M123 195.91 Truck Supplies Orange County Auto Pans M246 6.746.26 Truck Supplies Orange County Hose Company M124 712.80 Miscellaneous Parts and Supplies Orange County Hose Company M247 142.83 Miscellaneous Parts and Supplies Orange County Shedd M249 640.83 Judgments,Payable Orange County United Way M250 40.00 Employee Contributions OSTS Inc. M251 2,250.00 Professional Organizations Meeting/Treining/Membership PBS&J 66045 156,474.91 Professional ServiceslEngineering Design Services Peace Officers Council of CA M252 11.50 Dues Deductions,Supervisors&Professionals Pence,Inc. M126 21.574.52 Chemicals Panto,Inc. M253 16,370.00 Chemicals Performance Pipeline Technologies M127 11.144.20 Professional Services,CCTV Inspection/Same ine Cleaning Performance Pipeline Technologies 66254 1,300.00 Professional Services/CCTV Inspection/Sewedine Cleaning Praxair Distribution,Inc. M128 36.66 Laboratory Services&Supplies Prosir Distribution,Inc. M255 69.97 Laboratory Services&Supplies Primary Source Office Fumishings,Inc. M129 4,995.00 Minor EquipmenVFumiture&Fixtures Primrose Ice Co.,Inc. M130 122.90 Water&Ice Services Prudential Cleanroom Services M131 182.74 Uniforms Prudential Insurance Company of America 66046 47,624.32 Benefits Prudential Overall Supply 18H 1.464.91 Uniforms Psi M256 1,532.97 Professional Services-Geographic Information System Red Wing Shoes M268 812.40 Safety,Security,Health Equipment,Supplies,and Services Restek Corp. 1857 226.57 Laboratory Services&Supplies Rightstar Systems,Inc. M177 26.114.55 Computer Applications&Services RMS Engineering&Design,Inc. M132 13,860.00 Engineering Services Robert Hall International,Inc. H133 1,040.00 Computer Applications&Services Rockwell Engineering&Equipment Co. 66047 32,446.81 Repair&Maintenance Services and/or Supplies Ruben I.Stewart 66288 300.00 MeetingRrelning Expense Reimbursement Rutan&Tucker,L.L.P. 66259 15,500.30 Legal Services San DINWO range Fluid System Technologi Ulu 354.90 Repair&Maintenance Services anchor Supplies SC Fuels M135 1,05.88 Fuel and Lubricants Schenck Trebel M137 1.710.90 Repair&Maintenance Services anchor Supplies Schwfng Bioset 18M 8,419.74 Repair&Maintenance Services and/or Supplies EXHIBITA nmzlair Page 4 of 6 eia/2014 Claims Paid From 7/1/14 to 7115/14 Return to Aconite Rom Vendor Warrant No. Amount Description Schwing Bioset 1864 16,867.67 Repair&Maintenance Services anchor Supplies Sequoia Consultants,Inc. U138 20,392.00 Professional Serving/Engineering Design Services SGS Testcom,Inc. M139 7.23 Computer Hardware and Services Shamrock Supply Co.,Inc. R140 3.111.17 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. W260 2,523.96 Repair&Maintenance Services anchor Supplies Sharesquared,Inc. N261 7,187.49 Computer Applications&Services Shimmick Construction Co.,Inc. U181 651,712.50 Consu lion Shureluck Sales&Engineering N141 629A5 Repair&Maintenance Services antllor Supplies Shureluck Sales&Engineering U262 235.66 Repair&Maintenance Services and/or Supplies Siemens Technology N263 fri Air Conditioner Automation System SIERRA TRANSPORT INC. 66264 13,006.33 Professional Service-Biosolids Management Sigma-Aldrich.Inc. N142 358.66 Laboratory Services&Supplies Smith Pipe&Supply,Inc. U143 166.21 Facilities,Maintenance,Services&Supplies South Coast Environmental Co. N136 10,790.00 Professional Services-Air Quality Monitoring Southern California Edison U178 122.523.70 Utilities Southwest Scientific,Inc. N266 1,088.64 Laboratory Services&Supplies Sparkle0-Dallas 66144 1,579.20 Miscellaneous Services SPEX Camara,Inc. M145 329.09 Laboratory Services&Supplies SPITaIFT M146 1.029.86 Small Tools SPX Flow Tech Lighntnin M267 3,435.49 Repair&Maintenance Services and/or Supplies Standee Consulting Services,Inc. M268 5.416.00 Professional ServiceshSurveying Staples M147 751.18 Office Supplies Summit Steel 1865 3,865.98 Repair&Maintenance Services anchor Supplies Sunset Industrial Paris M269 270.88 Repair&Maintenance Services and/or Supplies Test i merica Ontano 18H 70.00 Laboratory Services&Supplies Thatcher Company Of California M270 5,758.46 Chemicals,Water(Wastewater Treatment The Cal Group,Inc. M148 8,565.57 Repair&Maintenance Services anchor Supplies The Orange County Register M248 3,477.00 Notices&Ads The Standard Insurance Company M149 3.274.37 Disability Insurance Thomas Cain Inc. M150 100.00 Laboratory Services&Supplies-Automated Digestion System Thompson Industrial Supply,Inc. 1859 1.197.84 Repair&Maintenance Services anchor Supplies Thompson Industrial Supply,Inc. 1867 3,662.20 Repair&Maintenance Services antllor Supplies Time Warner Communications M161 64.74 Telecommunications Toshiba Business Solutions USA Inc. M271 2,193.78 Computers.SonsareMaNveme&Managed Services Total Resource Management,Inc. M272 300.00 Professional Serviceshlmplementadion of IBM Maxim Trans U.S.Inc M273 tS7.11 Repair&Maintenance Services and/or Supplies Tropical Plan Nursery,Inc. M274 12.877.50 Landscape Maintenance Services Tula Ranch/Magan Farms 66046 266,084.26 Biosolids Management Underground Service Alert of So.Calf M275 1.594.50 Professional Services-Dig Alert Notification Service Union Bank of California M152 914.94 Banking Services United Parcel Service M163 10.30 Freight Services Universal Flooring Systems,Inc. 66154 2,859.00 Facilities,Maintenance,Services&Supplies US Peroxide,L.L.C. M276 22.824.95 Chemicals,WaterWastewater Treatment Utility Systems,Science&Softeners Inc. M277 6,090.00 Professional Services/Pharm.Pilot Project Flow Monitoring Vag Fresh Farms,L.L.C. M155 122.90 Reconciliation User Fee Refund Program Verbal Ink M156 112.00 Human Resources Services Vednn California M157 645.05 Telecommunications Vermin Wireless M158 47.11 Telecommunications Vednn Wireless M278 2.132.09 Telecommunications Veme's Plumbing M279 370.11 Plumbing Services&Supplies Venech Industrial Systems,Lle M280 11.953.16 Professional ServlceshConsdmchon Consulting Services Village Nurseries M159 84.83 Repair&Maintenance Services and/or Supplies EXHIBITA nrvzlalr Page 5 of 6 Mi Claims Paid From 7/1/14 to 7115/14 Return to Austria Rom Vendor Warrant No. Amount Description Voyager Fleet Systems,Inc. M281 20,937.58 Autos,Trucks&Marine Equipment,Pans,Accessories&Services Water Environment Federation U160 808.00 Professional @ganiz dons MeetingRraining/Memberehip WESTCOAST PLATING M161 132.90 Final Reconciliation Industrial Discharge Program White Star Pools N282 310.00 Repair&Maintenance Services and/or Supplies Xerox Corporation 18N 129.43 Computers,SoflwareMardware&Managed Services Xylem Water Solutions N162 1,240.86 Repair&Maintenance Services and/or Supplies yorba Linda Water District Hi 54.24 Utilities Total Accounts Payable-Warrants $ 6.OB8.068.22 Payroll Disbursements Employee Paychecks 56388 - 56409 $ 3,526.75 Interim Payroll-AREA(7/1/14) Employee Paychecks W411 210.00 Interim Payroll-DID Re-Issue(7/1114) Employee Paychecks 56412 - 56452 78,576.24 Biweekly Payroll(719114) Employee Paychecks W453 1,811.69 Interim Payroll-Reissue(7/3/14) Employee Paychecks 56454 1,251.97 Interim Payroll-Term-Accrued He(7/3114) Employee Paychecks W455 - 56456 3,119.48 Interim Payroll-2 Terms-Reg Hours(7/10/14) Employee Paychecks 56457 - 56459 1,976.80 Interim Payroll-2 Terms-Accmed He(7H0H4) Direct Deposit Statements 356841-357039 35,064]5 Interim Payroll-ARBA(711114) Direct Deposit Statements 357040-357628 1,410,245.52 Biweekly Payroll(7/9114) Total Payroll Disbursements $ 1,535,783.20 —Check number 56410 used in a prior period. Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 1,401,022.88 Biweekly Payroll(7/9/14) Union Bank of California 75.651.67 Workers'Cormansation Services(717114) Total Wire Transfer Payments $ 1.557.474.55 Total Claims Paid 711/14-7115114 $ 9,181,325.97 EXHIBITA nOui Page 6 of 6 ee/2014 Claims Paid From 7116114 to 7131/14 Return to Agenda Rom Vendor Warrant No. Amount Description Accounts Payable Warrants 24 Hour Fire Protection,Inc. 66311 5,489.60 Repair&Maintenance Services and/or Supplies Abel Scale,Inc. 66312 2,062.01 Repair&Maintenance Services and/or Supplies Absolute Standards,Inc. 66313 2,450.00 Laboratory Services&Supplies A-Check America,Inc. 1871 111.75 Human Resources Services AECOM Technical Services,Inc. 66292 99,431.86 Professional Services/Engineering Design Services AECOM Technical Services,Inc. 66490 7,830.96 Professional Services/Engineering Design Services Aeri 66491 113.25 Professional Services(Temporary$ervices Agilent Technologies,Inc. 66314 4,871.13 Laboratory Services&Supplies Air Liquitle America Specially Gasee LLC 66492 223.30 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 66315 19,092.24 Laboratory Services&Supplies Air Liquids industrial U.S.,LP 66493 22,086.02 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 661 25,091.06 Laboratory Services&Supplies All Safety,Inc. 1872 3,933.29 Safety,Security,Health Equipment,Supplies,and Services All Safety,Inc. 1894 10,490.43 Safety,Security,Health Equipment,Supplies,and Services All Safely,Inc. 1904 4,841.68 Safety,Security,Health Equipment,Supplies,and Services All USA,LLC 1873 283.39 Laboretory Services&Supplies All USA,LLC 1895 958.30 Laboratory Services&Supplies All USA,LLC 1905 1,545.56 Laboratory Services&Supplies Alhambra Equal Co.,Ltd. 66316 5,754.24 Repair&Maintenance Services and/or Supplies Alhambra Foundry Co.,Ltd. 66494 5,754.24 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 66317 1,401 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 66495 2,442.15 Repair&Maintenance Services and/or Supplies Alta-Robbins,Inc. 66318 688.43 Electrical/Electronic Equipment,Parts&Repairs American Academy of Environmental Engine 66643 105.00 Books and Publications American Express TVL Related Svcs Co.,1 66319 4,288.89 Purchasing Card Program for Miscellaneous Travel Expanses American Integrated Services,Inc. 66474 50,812.90 Grit&Screenings Disposal AMERICAN PUBLIC WORKS ASSOCIATION 66320 395.50 Professional Organizations Meeting(Training/MembemhipPmfessional Services-Lega1B American Solutions for Business 66496 972.00 Office Supplies Amtach Elevator Services 66497 500.00 Miscellaneous Services ApPleOne Employment Service 1896 2,75B.80 Professional Services(Temporery Services Applied Industrial Technology 66321 7P.65 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 66498 220.41 Repair&Maintenance Services and/or Supplies ARS Enterprises,Inc. 66323 420.00 Laboratory Services&Supplies AT&T Mobility 11,L.L.C. 66326 214.99 Telecommunications AT&T Mobility 11,L.L.C. 66500 104.99 Telecommunications AT&T Mobility 11,L.L.C. 66646 7,691.00 Telecommunications AT&T 66324 265.20 Telecommunications AT&T 66645 15.03 Telecommunications AT&T Teleconference Services 66501 77.31 Telecommunications Atkins North America 66293 67,621.38 Professional Services/Engine ing Design Services Atkinson,Antlelson,Lays,Rutltl&Ruud 66647 5,956.50 Professional Services-Legal Awards&Trophies Company 66326 108.00 Awards and Framing Services AWSI 66648 NDN Professional Services-DOT Program Administration Ayala Engineering 66629 63,104.50 Repair&Maintenance Services and/or Supplies B&K Electric Wholesale 66327 701.46 Electrical/Electronic Equipment,Parts&Repairs B&K Elecidc Wholesale 66649 723.06 EIecrical/Electmnic Equipment,Parts&Repairs B&B Technology Dina Air Fitters,Inc. 66502 110.00 Repair&Maintenance Services and/or Supplies Bank of New York Mellon Twat 66650 1,701 Professional Services-Financial Bares Products Company 66328 1,721.15 Safety,Security,Health Equipment,Supplies,and Services Barragan Corp.International 66329 1,445.00 Professional Organizations Meeting(Trelning/Membership Battery Specialties 66330 747.66 Batteries,Various Battery Specialties 66651 770.04 Batteries,Various Battery Systems,Inc. 66503 1,370.05 Repair&Maintenance Services and/or Supplies Bev. 66331 369.96 Repair&Maintenance Services and/or Supplies EXHIBIT B 1m11011, Page 1 of 10 Vil Claims Paid From 7116114 to 7131/14 Return to Agenda Report Vendor Warrant No. Amount Description BC Wide Rope&Rigging 66652 5,792.04 Tools&Supplies Beach Wire and Cable 66332 1,206.37 Telscommunications BEC-Building Electronic Controls,Inc 66333 375.00 Electrical/Electronic Equipment,Parts&Repairs Be.Man Past Corirol,Inc. 66504 300.00 Pest Control Services BioMedeux Vitek,Inc. 66334 2,288.71 Laboratory Services&Supplies Black&Veatch Corporetion 66294 55,719.88 Professional Services/Engineering Design Services Black&Veatch Corporation 66476 158,449.94 Professional Services/Engineering Design Services Black Box Corporation 66653 2,807.14 Computers,Software/Hardware Brand Scaffold Rental&Erection Inc 66335 91.78 Miscellaneous Services Brand Scaffold Rental&Erection Inc 66654 5,030.96 Miscellaneous Services Brea 9 Owner LLC 66336 2,500.00 Miscellaneous Services Saud ag Pack,Inc. 66337 9,986.24 Chemicals,Water/Wastewater Treatment Brennlag Pacific,Inc. 66655 6,912.05 Chemicals,WalerlWastevrater Treatment Brian J.Tafolla Sal 1,226.36 Meefing/Training Expanse Reimbursement Brian J.Tafolla 66750 200.00 Meefing/rraining Expense Reimbursement Brian K.Read Sal 112.00 Meeting/Training Expense Reimbursement Brown&Caldwell 66295 73,354.94 Professional Services/Engineering Design Services Buchi Corporation 66505 601.98 Repair&Maintenance Services and/or Supplies Burlington Safety Laboretory of CA,Inc. 66338 1,023.76 Safety,Security,Health Equipment,Supplies,and Services C.S.M.F.O 66521 60.00 Professional Organizations MeetingRraining/Membership Calif Centrifugal Pump 66506 11,911.60 Pump Supplies California Dept.of Child Support 66507 2,46459 Judgments Payable California Hazardous Services,Inc. 66W8 276.80 Repair&Maintenance Services and/or Supplies California Recreation Company 66339 3,805.52 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Recreation Company 66656 3,778.67 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Relocation Services,Inc. 66509 90.00 Miscellaneous Services-Moving/Relocation California Water Technologies 66296 39,138.35 Chemicals California Water Technologies 66630 34,130.01 Chemicals Caltrol,Inc. 66510 136.08 ElectricaliElectronic Equipment,Parts&Repairs Caddell Corp. 66341 9,253.66 Repair&Maintenance Services and/or Supplies Cambridge Isotope Labs 66342 770.56 Laboratory Services&Supplies Camillo Engineers 66511 4,212.0 Professional Services/Engineering Design Services Cavanaugh Machine Works 66343 1,605.40 Repair&Maintenance Services and/or Supplies Cavanaugh Machine Works 66512 2,736.04 Repair&Maintenance Services and/or Supplies Cemtek Environmental,Inc. 66344 4,291.67 CEMS Maintenance Agreement CEPA Operations,Inc. 66345 2,493.12 Repair&Maintenance Services and/or Supplies Chatles P.Crowley Co. 66346 1,439.03 Repair&Maintenance Services and/or Supplies Chatles P.Chori Co. 66657 4,704.01 Repair&Maintenance Services and/or Supplies Cincinnati Incorporated 66347 2,147.96 Mechanical Parts&Supplies City of Fountain Valley 66631 62,717.26 Water Use City of Fullerton 66531 177.76 Water Use City of Huntington Beach 66396 10.71 Water Use City of Newport Beach 66477 45,679.60 Water Use City of Newport Beach 66565 178.89 Water Use Clean Energy 66348 30.22 CNG Fueling Station Services/Supplles Clean Energy 66513 1,875.15 CNG Fueling Station Services/Supplies Clean Harbors Environmental Services 66349 7,619.23 Grit&Screenings,Hazard Waste Disposal Clean Harbors Environmental Services 66658 14,18544 Grit&Screenings',Hazard Waste Disposal Cole-Paoner Instrument Co. 66350 1,742.85 Laboratory Services&Supplies CONNECTION TECHNOLOGY CENTER INC 66659 1,043.89 Repair&Maintenance Services and/or Supplies Connell ChevroledGEO 66351 16.97 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Connell ChevmletlGEO 66514 901.11 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Consolidated Electrical Distributors 66352 3,327.72 Electrical/Electronic Equipment,Parts&Repairs Consolidated Electrical Distributors 66660 455.30 Electrical/Electronic Equipment,Parts&Repairs Constructive Community Relations 66353 19,427.38 Construction Outreach EXHIBIT B f rolair Page 2 of 10 Si Claims Paid From 7116114 to 7131/14 Return to Amends Report Vendor Warrant No. Amount Deseripdon Constructive Community Relations 66478 25,005.36 Construction Outreach Consumers Pipe&Supply Or 1874 6,965.17 Repair&Maintenance Services supper Supplies Consumers Pipe&Supply Do. 1897 1,213.23 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Or 1906 179.06 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 66354 1,635.08 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 66661 198.05 Repair&Maintenance Services and/or Supplies Coop Native Personnel Services 66363 403.70 Human Resources Services Cooperative Personnel Services 66665 1,162.15 Human Resources Services Corporate Image Maintenance,Inc. 66297 37,420.00 Janitor&Household Service&Supplies Corporate Image Maintenance,Inc. 66662 615.00 Janitor&Household Serum&Supplies CORRPRO Companies,Inc. 66298 48,678.00 Professional Services/remporery Services Coll Engineering 66663 9,357.94 Repair&Maintenance Services and/or Supplies Cotton Point Design,Inc.dba Power Desi 66516 7,371.83 Electrical/Electronic Equipment,Parts&Repairs Counterpart Enterprises,Inc, 66517 197.85 Repair&Maintenance Services and/or Supplies County of Orange 66627 3,029.75 Governmental Agency Fees&Charges COUNTY OF ORANGE-AUDITOR-CONTROLLER 66299 86,922.19 Foresai0nal Service-Bima ids Management County of Orange Auditor Controller 66355 1,170.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66356 510.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66357 3W.W Governmental Agency Fees&Charges County of Orange Auditor Controller 66358 630.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66359 105.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66360 70.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66361 140.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66518 8,521.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 66664 297.W Governmental Agency Fees&Charges County Wholesale Electric Co. 66362 430.96 ElectricalElectronic Equipment,Parts&Repairs Court Order 66548 2,179.38 Judgments Payable Court Omer 66563 108.00 Judgments Payable Court Order 66618 912.W Judgments Payable CR&R,Inc. 66364 1,376.36 Waste Disposal CR&R,Inc. 66519 1,720.45 Waste Disposal CRITTER BUSTERS,INC. 66520 448.00 Service Agreement CS-AMSCO 66366 3,439.45 Repair&Maintenance Services and/or Supplies CS-AMSCO 66666 2,653.06 Repair&Maintenance Services and/or Supplies Culligan of Orange County 66522 59.55 Repair&Maintenance Services and/or Supplies Curley Wholesale Electric 66366 399.56 ElectricalElectronic Equipment,Parts&Repairs Curley Wholesale Electric 66523 487.26 Electrical/Electronic Equipment,Parts&Repairs CWEA Membership 66367 296.00 Professional Organizations Meefing/Training/Membership CWEA Membership 66524 156.00 Professional Organizations MeetingRreining/Membership DAC(Digital Assurance Certification) 66368 4,000.00 Professional Services/Financial Document Repository Dan's Machine Tool,Inc. 66369 15,045.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services David Rodriguez 66749 190.00 Meeting/Iraining Expanse Reimbursement DD SYSTEMS INC.DBA ACE CD INC. 66307 85,956.00 Construction DDB Engineering,Inc. 66370 3,449.60 Professional Services-Advocacy Desert Pumps&Pan,Inc. 66371 4,7%.78 Repair&Maintenance Services and/or Supplies Desert Pumps&Parts,Inc. 66667 2,594.50 Repair&Maintenance Services and/or Supplies DTSC(Dept.of Toxic Substances Control) 66372 822.50 Governmental Agency Fees&Charges Dudek&Associates,Inc. 66373 1,710.00 Professional Services/Engineering Design Services Dunn-Edwards Corporation 66668 241.39 Facilities,Maintenance,Services&Supplies Edge Tech 66374 1,300.12 Laboratory Services&Supplies Elecrabond 66375 2,970.00 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists,Inc. 66376 1,454.60 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 66526 13,945.00 Reimbursed Prepaid Employee Medical&Dependent Care ENFOTECH&CONSULTING,INC. 66377 10,713.25 Software ENS Resources,Inc. 66378 5,588.00 Professional Services-Federal Advocacy EXHIBIT B n,vzlsnr Page 3 of 10 ewae14 Claims Paid From 7116114 to 7131/14 Return W Agenda Rom Vendor Warrant No. Amount Description Environ Strategy Consultants,Inc. 66869 2,800.00 Professional Services-Quadedy Sampling of Groundwater Monitoring Wells in the Auto Environmental Engineering&Contracting 66670 20,000.00 Professional ServiceslSpecialty Course Audits Environmental Express,Inc. 66379 224.16 Laboratory Services&Supplies ENVIRONMENTAL RESOURCE ASSOCIATES 66380 2,520.91 Laboratory Services&Supplies Environmental Sampling Supply 66381 364.88 Laboratory Services&Supplies Ewing Irrigation 66526 2,919.00 Irrigation Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. 66527 6,019.18 Repair&Maintenance Services and/or Supplies Express Lens Lab 1898 957.12 Safety,Security,Health Equipment,Supplies,and Services Facility Process Solutions Consulting 66383 4,712.20 Professional Services/Biotrickling Filter Inspection Services Fastenal Company 66384 772A8 Janitor&Household Service&Supplies Faviola Miranda 66560 51.01 Meefing/haining Expense Reimbursement Face.Corporation 66528 355.06 Freight Services Filarsky&Watt.L.L.P. 66385 7,105.00 Prof.Services-SPMT Labor Negotiation Meetings&Special Services First American Corelcgic 66515 263.50 Saffil Maintenance Agreement Fisher Scientific 66386 1,816.00 Laboratory Services&Supplies Fisher Scientific 66529 2,612.78 Laboratory Services&Supplies Fisher Scientific 66671 1,372.38 Laboratory Services&Supplies FEW,Inc. 66672 1,714.71 Electrical/Electronic Equipment,Pads&Repairs Fountain Valley AAA Auto Spa 66530 1,403.10 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Franklin Covey 66673 17.78 Office Supplies Fresno First Bank-Acct 100013315 66639 37,962.50 Construction,Retention Frye Electronics 66387 1079 Computers,So6wamiHardware Garland Manufacturing Co. 66388 3,874.64 Repair&Maintenance Services and/or Supplies Garland Manufacturing Co. 66674 11 596.78 Repair&Maintenance Services and/or Supplies Garraa Callahan Company 66532 3,683.69 Chemicals,Water/Wastember Treatment Garad Callahan Company 66675 20646 Chemicals,Water/Wastevreter Treatment Gates Fiberglass Installers 66533 3,736.00 Repair&Maintenance Services and/or Supplies George L.Robertson 66622 656.32 MeetinglTraining Expanse Reimbursement Global Environmental NeNrork Inc. 66676 825.00 Safety,Security,Health Equipment,Supplies,and Services Golden State Overnight Delivery Service 66677 23.60 Courier Services Golden West Machine,Inc. 665U 1,684.80 Repair&Maintenance Services and/or Supplies Golden West Window Service 66535 432.00 Facilities,Maintenance,Services&Supplies Golden West Window Service 66678 5,233.58 Facilities,Maintenance,Services&Supplies Grainger,Inc. 66388 4,356.43 Repair&Maintenance Services and/or Supplies Grainger,Inc. 66536 2,880.31 Repair&Maintenance Services and/or Supplies Grainger,Inc. 66679 7,tSSS Repair&Maintenance Services and/or Supplies Graybar Electric Company 66390 461 Electrical/Electronic Equipment,Parts&Repairs Graybar Electric Company 66537 161.88 Electrical/Electronic Equipment,Pads&Repairs Getter Electric Company 66680 370.83 Electrical/Electronic Equipment,Pads&Repairs Great Western Sanitary Supplies 66391 663.15 Janitor&Household Service&Supplies GRIM Information Management Services 66538 71.73 Miscellaneous Services&Supplies GRM Information Management Services SHIM 560.08 Miscellaneous Services&Supplies Guarantee Records Management 136539 1,292.47 Professional Services-Document Storage&Shredding Hach c/o Person Industries 66540 1,056.67 Laboratory Services&Supplies Hach do Ponied Industries 136682 8,922.96 Laboratory Services&Supplies Hardy Diagnostics 66883 537.62 Laboratory Services&Supplies Harrington Industrial Plastics,Inc. 66392 6,257.92 Repair&Maintenance Services and/or Supplies Hesse Oil Co.,Inc. 66393 898.52 Fuel and Lubricants Hazen And Sawyer,P.C. 66541 8,776.31 Professional Services/Oxygen Plant Demolition HDR Engineering,Inc. 66479 120,483.81 Professional Services/Engineering Design Services Hlghmark 66384 317.05 Safety,Security,Health Equipment,Supplies,and Services Hill Brothers 1868 36,785.05 Chemicals,WaterlWastewater Treatment Home Depot 66542 1,028.08 Miscellaneous Parts and Supplies Home Depot 66884 193.32 Miscellaneous Pads and Supplies Hodmn Technology 66395 2,391 Laboratory Sandi&Supplies EXHIBIT B n,velsnr Page 4 of 10 Soi Claims Paid From 7116114 to 7131/14 Return W Attends Report Vendor Warrant No. Amount Description Hub Auto Supply 66543 429.46 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hya6 Legal Plans 66685 3,439.00 Professional Sarvicea-Legal Image Sales,Inc. 66686 262.31 Safety,Security,Health Equipment,Supplies,and Services Immix Technology,Inc. 66397 4,5W.00 Professional Omanizationa MeetingRraining/Membership Industrial Distribution Group 66398 354.26 Repair&Maintenance Services and/or Supplies Industrial Threaded Products,Inc. 1876 201.42 Repair&Maintenance Services anchor Supplies Industrial Threaded Products,Inc. 1899 1,912.35 Repair&Maintenance Services and/or Supplies Industrial Threaded Products,Inc. 1907 1,179.41 Repair&Maintenance Services and/or Supplies Insight Public Sector,Inc. 66687 9,511.45 Computers,Sofiware/Hardl Intl.Union of Oper.Eng.AFL CIO Locel 66W 4,634.58 Dues Deductions Irvine Ranch Water District 66545 10.50 Water Use Irvine Ranch Water District 66688 61.88 Water Use J F Shea Construction,Inc. 66642 113,811 Construction J.L.Wingert Co.-Remit to: 66547 160.26 Repair&Maintenance Services and/or Supplies JACOBS PROJECT MANAGEMENT CO. 66480 168,680.22 Professional Services/remporery Services Jamison Engineering Contractors,Inc. 66689 2,504.00 Professional Services/Construction Support Services Jays Catering 66546 1,263.39 Catering Services Johnstone Supply 66690 841,98 Repair&Maintenance Services and/or Supplies JP Morgan Chase Bank,NA 66481 69,597.66 Purchasing Card Program for Miscellaneous Parts and Supplies Kemirs Water Solutions 1869 52,686.84 Chemicals,Water/Wastevreter Treatment Kerala Water Solutions 1893 46,631.10 Chemicals,WaterlWasteyorter Treatment Kemire Water Solutions 1908 23,229.93 Chemicals,Water/Wastevreter Treatment KIMCO STAFFING SERVICES 66549 1,620.00 Professional Services/temporary Services KIMCO STAFFING SERVICES 66691 1,359.00 Professional ServiceslTemporery Services K-LOG,INC. 66399 1,949.50 Minor Equipmenf Furniture&Fixtures Kofi&Associates,Inc. 66550 9,912.00 Professional Services/Comp&Class Study Lee&Ro,Inc. 66400 7,042.25 Professional Services/Engineering Design Services Letner Roofing Co. 66482 84,600.00 Repair&Maintenance-Roof Repair antllor Replacement Levis Brisbois Biagi&Smith 66401 193.20 Professional Services-Legal Lew Brisbois Bisgaard&Smith 66551 2,256.60 Professional Services-Legal Levis Brisbois Biagi&Smith 66692 1,384.60 Professional Services-Legal Liberty Mutual Claims 66552 2,291.90 Insurance Lillestrand and Associates 66693 2,973.49 Professional Services Lusire-Cal 66553 1,054.33 Office Supplies Lustre-Cal 66694 581.37 Office Supplies Maintenance Superintendenis-MSA 66402 50.00 Professional Organizations Meeting/Training/Membarship Maintenance Superintendents-MSA 66695 75.W Professional Organizations Meeting/Raining/Membership MAJESTIC FIRE,INC. 66696 659.93 Service Agreement Malcolm Pirnie Inc. 66475 43,670.85 Construction Malcolm Pirnie Inc. 66644 2,065.50 Construction Malcolm Pirnie,Inc. 66403 1,268.W Professional Services/Engineering Design Services Malcolm Pirnie,Inc. 66554 14,654.25 Professional Services/Engineering Design Services Mandic Motors full 315.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Me*A.Esquer 66470 350.00 MeetingRraining Expanse Reimbursement Marva.Electronics full 10.80 ElooricallElectmnic Equipment,Pans&Repairs Matheson TO Gas,Inc. 66556 1,496.48 Laboratory Services&Supplies Maxim Security Systems Sal 22,896.39 Safety,Security,Health Equipment,Supplies,and Services Maxim Security Systems 66699 2,332.12 Safety,Security,Health Equipment,Supplies,and Services MCJunkin Red Man Corporation 66557 402.00 Repair&Maintenance Services and/or Supplies McMaster-Cam Supply Co. 66405 382.14 Repair&Maintenance Services and/or Supplies McMaster-Cam Supply Co. 66558 373.31 Repair&Maintenance Services and/or Supplies McMaster-Cam Supply Co. 66700 1,091.41 Repair&Maintenance Services and/or Supplies Media Blast and Abrasive,Inc. 66559 834.48 Mechanical Equipment Mesa Consolidated Water District 66406 23.30 Water Use Mesa International Technologies,Inc. 66701 315.00 Repair&Maintenance Services and/or Supplies nmztalr B Page 5 of 10 EXHIBIT eIBIT 4 Claims Paid From 7116114 to 7131/14 Return to Audi Report Vendor Warrant No. Amount Description Michael Amer Consulting 66407 900.00 Professional Services Michael Kobzofr 66471 108.00 Meetingrimining Expense Reimbumement Mission Abrasive&Janitorial Supplies 66561 207.40 Janitorial&Household Services&Supplies Moore Medical Inc. 1877 242.68 Medical Supplies Moore Medical Inc. 1909 483.04 Medical Supplies MTM Recognition Corporation 66408 1,539.72 Service Awards MTM Recognition Corporation 66562 2,081.72 Service Awards MTM Recognition Corporation 66702 454.47 Service Awards Municapal Maintenance Equipment 66409 3,207.60 Auto Pads&Supplies NASCO 66703 528.41 Tools&Supplies NASSCO/PACP 66563 750.00 Professional Organizations Mee0ng/rraining/Membership Neal Supply Co, 66410 382.21 Repair&Maintenance Services and/or Supplies Neal Supply Co. 667N 159.20 Repair&Maintenance Services and/or Supplies Neopost USA Inc. 66564 63.54 Equipment LeaselPostage Meter Newark Electronics 66411 262.66 Electricals Electronic Equipment,Pans&Repairs Newark Electronics 66705 33,06 Electricals Electronic Equipment,Pads&Repairs Nicholas J.Arhontes 66747 834.04 Meeting/training Expense Reimbursement North Central Labs 66706 423.50 Laboratory Services&Supplies NRG Engine Services,L.L.C. 66412 10,120.27 Repair&Maintenance Services and/or Supplies OCB Reprographics 66322 1,250.27 Printing/Reprographice Services OCB Reprographics 66499 1,487.88 Printing/Reprographics Services OCFA 66566 653.25 Dues Deductible ODC Engineering&Technology 66640 118,392.36 Construction Office Depot 66413 2,972.76 Office Supplies Office Depot 66567 2,071.83 Office Supplies Office Team 66568 3,804.50 Professional ServiceslTempri Services Olin Corporation 66414 15,793.94 Chemicals,Water/Wastewater Treatment Olin Corporation 66569 18,164.37 Chemicals,Wated/Wastevreter Treatment Olin Corporation 66707 2,259.09 Chemicals,WatedWastewater Treatment Olympus America Inc.-Remit to: 66415 2,633.19 Laboratory Services&Supplies Omega Industrial Supply,Inc. 66570 1,575.26 Janitor&Household Service&Supplies ONE WAY SOLUTIONS,LLC 66708 1,542.00 Miscellaneous Maintenance Supplies OneSouroe Distributors,Inc. 66416 2,022.64 Electrical/EleMronic Equipment,Parts&Repairs OneSoume Distributors,Inc. 66571 16.05 ElectricaliElecironic Equipment,Parts&Repairs OneSoume Distributors,Inc. 66709 5,167.70 Electrical/EleMronic Equipment,Parts&Repairs Oracle America Inc. 66710 20,644.32 SORware Maintenance Agreement Orange County Business Council 66417 5'000.00 Professional Organizations MeetingRraining/Membership Orange County Sanitation District 66626 2,023.66 Petty Cash Expense Orange County Sherdf 66573 633.34 Judgments Payable Orange County United Way 66574 40.00 Employee Contributions Orange County Vector Control District 66419 145.38 Pest Control Pacific Investment Management 66483 212,642.26 Professional Financial Services Pacific Mechanical Supply 1878 4,372.66 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 1900 40.62 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 1910 11,933.18 Repair&Maintenance Services and/or Supplies Parker Supply Company 1879 483.32 Miscellaneous Paris and Supplies Parker Supply Company 1901 2,058.30 Miscellaneous Parts and Supplies Parker Supply Company 1911 1,021.22 Miscellaneous Pans and Supplies Parkhouse Tire, Inc. 66420 1,046.19 Autos,Trucks&Marine Equipment,Pans,Accessories&Services Paso Robles Tank,Inc. 66300 177,454.50 Professional Servicesd-ow Pressure Digester Gas Holder Repairs Patriot Video Productions 66575 671.80 Miscellaneous Services PCS Express,Inc. 66421 157.88 Couner Services Pencco,Inc. 66422 16,273.19 Chemicals Pencco,Inc. 66632 27,731.95 Chemicals Performance Pipeline Technologies 66423 1,400.00 Professional SBrvidim CCN lnspection/Sewarline Cleaning EXHIBIT B m2 air Page 6 of 10 era/z014 Claims Paid From 7116114 to 7131/14 Return to Arenda Rom Vendor Warrant No. Amount Description PIE Hawn Company,Inc. 66424 180.92 Repair&Maintenance Services and/or Supplies PL Hawn Company,Inc. 66576 1,083.08 Repair&Maintenance Services andlor Supplies PIE Hawn Company,Inc. 66711 415.50 Repair&Maintenance Services and/or Supplies PLC LTD.COM INC 66712 12,150.00 Computer Supplies Polydyne,Inc. 1870 124,898.85 Chemicals,WalerlWastewater Treatment Polydyne,Inc. 1903 147,127.26 Chemicals,Water/Wastewater Treatment Ponton Industries,Inc. 66577 5,351.82 Laboratory Services&Supplies Pori Supply 66425 580.26 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Port Supply 66578 1,081.53 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Power Bros.Machine,Inc. 66579 2,375.70 Repair&Maintenance Services and/or Supplies POWERHOUSE COMBUSTION&MECHANICAL CDR 66426 14,559.44 Repair&Maintenance Services and/or Supplies PR Electronics,Inc. 66427 1,079.73 Electrical/Electronic Equipment,Paris&Repairs Praxair Distribution,Inc. 66580 714.53 Laboratory Services&Supplies Primary$come Office Furnishings,Inc, 66428 2,003.40 Minor EquipmentiFurniture&Fixtures Primrose Ice Co.,Inc. 66429 472.50 Water&Ice Services Primrose Ica Co.,Inc. 66713 498.75 Water&Ice Services Procare Work Injury Center 66714 520.00 Medical Services Professional ServiceslCora Ocean Monitor 66555 21,450.00 Marine Taxonomic Services,Ltd. Projects Partners 66430 2,200.00 Professional Servicesfrerni Employment Services Providence Publications,L.L.C. 66340 795.00 Safety,Security,Health Equipment,Supplies,and Services Prudential Cleanroom Services 66431 182.74 Uniforms Prudential Cleanroom Services 66581 365.48 Uniforms Prudential Overall Supply 1902 2,940.W Uniforms Prudential Overall Supply 1912 2,945.42 Uniforms Pump Action 66582 11,499.06 Oil Filters Pumping Solutions,Inc. 66715 7,442.05 Repair&Maintenance Services and/or Supplies Pure Air Filtration,LLC 66633 110,391.00 Repair&Maintenance Services and/or Supplies O Air-Cali.Div.Pump Engineering 66716 2,380.61 Repair&Maintenance Services and Supplies Ouynh D.Nguyen 66748 109.61 Meebngfrraining Expense Reimbursement Rabobank,Escrow Accuf 272295573 66308 120,084.05 Construction Raceway Ford 66484 35,679.96 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Rainbow Disposal Co. 661 3,502.94 Waste Disposal RBF Consulting 66584 5,187.63 Professional Services/Engineering Design Services Rentacrate,L.L.C. 66585 236.29 Facilities,Maintenance,Services&Supplies Resource Environmental,Inc. 66433 4,750.00 Facilities,Maintenance,Services&Supplies Restek Corp. 1880 413.0 Laboratory Services&Supplies Rims Inc. 66434 650.00 Professional Organizations MeetingRraining/Membership RMC Water and Environment 66301 65,557.11 Professional Services RMC Water and Environment 66586 2,587.59 Professional Services Robert Half International,Inc. 66587 3,120.00 Computer Applications&Services Robert J.Thiede 66625 164.00 Meetingfhaining Expense Reimbursement Rockwell Engineering&Equipment Co. 66586 4,016.70 Repair&Maintenance Services and/or Supplies RONAN ENGINEERING CO. 66589 865.62 Elecolcal/Electronic Equipment,Parts&Repairs Royale Cleaners 66590 6.10 Miscellaneous Services RPM Electric Motors 66591 4,645.76 Repair&Maintenance Services and/or Supplies RPM Electric Motors 66717 5,200.29 Repair&Maintenance Services and/or Supplies Russell Sigler,Inc.dba Sigler W holesal 66592 459.11 Elecolcal/Electronic Equipment,Parts&Repairs S&J Supply Cc Inc 661 464.40 Repair&Maintenance Services and/or Supplies S&J Supply Cc Inc 66593 4,393.25 Repair&Maintenance Services and/or Supplies SAFE ENTRY TECHNICAL,INC. 66718 115.91 Repair&Maintenance Services and/or Supplies San Dlego/Orange Fluid System Technologl 661 782.11 Repair&Maintenance Services and/or Supplies San DiegolOrange Fluid System Technologi 66586 1,655.77 Repair&Maintenance Services and/or Supplies San Dlega/Orange Fluid System Technologl 66719 438.73 Repair&Maintenance Services and/or Supplies Sancon Engineering,Inc. 66720 4,022.00 Repair&Maintenance Services and/or Supplies SC Fuels 66437 7,011.74 Fuel and Lubricants nmzlair B BIT EXHI Page 7 of 10 eBIT Claims Paid From 7116114 to 7131/14 Return W Attends Rom Vendor Warrant No. Amount Description SCAP 66302 50,000.00 Professional Organizations Meedng/Training/Membership Dues SCOTT-MARRIN,INC. 66721 12.00 Repair&Maintenance Services andlor Supplies SCPLRC(Southern California Public Reis. 66438 200.00 Professional Organizations Meedng/Daining/Membership Secretary of State 66595 20.00 Professional Organizations,MeetinglTraining/Membership Becomes Security Services USA,Inc. 66634 30,096.28 Safety,Security,Health Equipment,Supplies,and Services Selwyn 0.Mansell 66472 107.11 Meetingrimining Expanse Reimbursement Shamrock Supply Co.,Inc. 66439 620.72 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 66596 3,457.22 Repair&Maintenance Services,and/or Supplies Shamrock Supply Co.,Inc. 66722 4,392.09 Repair&Maintenance Services and/or Supplies SHOETERIA 66440 136.07 Safety Equipmerfloc is SHOETERIA 66723 131.21 Safety EquipmentlTools Shureluck Sales&Engineering 66441 2,693.09 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 66724 274.75 Repair&Maintenance Services and/or Supplies Siemens Technology 66597 3,683.32 Air Conditioner Automation System Siemens Water Technologies Corp. 1875 1,445.82 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 66382 79.19 Repair&Maintenance Services,and/or Supplies SIERRA TRANSPORT INC. 66442 14,674.97 Professional Service-Biosolids Management SIERRA TRANSPORT INC. 66725 9,670.27 Professional Service-Biosolids Management So.Cal Gas Company 66485 32,061.69 Utilities South Coast Air Ouality Management Dist 66635 41,353.60 Governmental Agency Fees&Charges South Coast Shipyard,Inc. 66726 9,663.76 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Southem California Coastal Water 66303 400.000.00 Joint Powers Agreement Southern California Edison 66443 363.71 Utilities Southem California Edison 66486 487,63127 Utilities Southern California Edison 66598 2,480.83 Utilities Southem Counties,Lubricants 66599 4,688.78 Fuel and Lubricants Sparkles-Dallas 66600 1,541.36 Miscellaneous Services SPEX Camprep,Inc. 66444 79.82 Laboratory Services,&Supplies St.Croix Sensory,Inc. 66445 739.35 Olfactometry Testing Services St.Croix Sensory,Inc. 66601 613.80 Olfackenetry Testing Services Staples 66446 986.34 Office Supplies Staples 66727 179.44 Office Supplies State Board of Equalization 663N 53,689.00 Governmental Agency Fees&Charges State Board of Equalization 66447 300.00 Governmental Agency Fees&Charges Stefanie R.Ruiz 66623 135.21 Employee Computer Loan Program Summit Steal 1913 2,630.29 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 66448 497.88 Repair&Maintenance Services and/or Supplies Sunset Industrial Paris 66728 59.53 Repair&Maintenance Services and/or Supplies Synagro West,Inc. 66306 99,307.19 Biosolids Management Synagn West,Inc. 66636 606,429.06 Biosolids Management Teledyne lnsimmenis/Impulse,Inc. 66729 202.89 Laboratory Services&Supplies TeledynellSCO 66449 23,076.36 Laboratory Services&Supplies Testsmerica Ontario 1881 914.00 Laboratory Services&Supplies Thatcher Company Of California 66450 23,734.36 Chemicals,Water(Wastearater Treatment The Modal Shop,Inc. 66451 920.16 Electrical/Electronic Equipment,Pans&Repairs The Orange County Register 66418 4,116.00 Notices&Ads The Orange County Register 66572 42.58 Notices&Ads The Unisource Corporation 66607 649.96 Paper&Office Supplies Thompson Industrial Supply,Inc. 1882 2,W.46 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 1914 3,75).03 Repair&Maintenance Services and/or Supplies Tongs Lock&Safe Service&Sales 66452 1,514.40 Repair&Maintenance Services and/or Supplies Toshiba Business Solutions USA Inc. 66730 2,452.35 Computers,Soswere/Hardware&Managed Services Total Resource Management,Inc. 66902 1,464.00 Professional Servlcesllmplementatlon of IBM Maxim Tovmcend Public Affairs 66731 7,500.00 Professional Services-State Legislative Advocacy Truck&Auto Supply,Inc. 66453 6,432.25 Autos,Trucks&Marine Equipment,Parts,Accessories&Services EXHIBIT B nmzlak Page 8 of 10 SaQ014 Claims Paid From 7116114 to 7131/14 Return as Aaenda Rom Vendor Warrant No. Amount Description Tole RanchlMagan Forms 66306 277,773.99 Biosolids Management Tule RanchlMagan Pence 66637 278,978.96 Sioaolids Management TUSTIN IRVINE MEDICAL GROUP 66732 175.00 Medical Services Tat Telecom Holdings,Inc. 66603 11,521.92 Telecommunications Two Wheels One Planet 66454 4,822.40 Autos,Trucks&Marine Equipment,Parts,Accessories&Services USBank 66455 4,475.00 Annual COP Administrative Fee UC Regents 66456 1,250.00 Professional Organizations MeetingRmining/Membership UC Regents 66604 750.00 Training Regiatretion Ultra Scientific 66457 447.36 Laboratory Services&Supplies Ultra Scientific 66605 742.38 Laboratory Services&Supplies Umesh N.Murthy 66473 136.61 Meeting/training Expense Reimbursement Underground Service Alen of So.Calif 66606 1,849.50 Professional Services-Dig Alert Notification Service Underground Service Alen of So.Calif 66733 1,621.50 Professional Services-Dig Alen Notification Service Union Bank of California 66458 887.34 Banking Services United Parcel Service 66459 501.72 Freight Services United Parcel$ervice 66608 82.40 Freight Services United Parcel Service 66734 1,3W.24 Freight Services UPS Ground Freight,Inc. 66460 257.00 Freight Services US Equipment Co.,Inc. 66735 2,420.92 Repair&Maintenance Services and/or Supplies US Peroxide,L.L.C. 66487 43,940,37 Chemicals,Water/Wasewater Treatment US Peroxide,L.L.C. Sal 45,283.39 Chemicals,WatenWastevrater Treatment USA Bluebook 66609 450.59 Laboratory Services&Supplies Vain Corporation 191E 3,361.86 Repair&Maintenance Services and/or Supplies Valve Automation&Controls 66461 2,109.41 Repair&Maintenance Services and/or Supplies Valve Automation&Controls 66610 1,370.70 Repair&Maintenance Services and/or Supplies Verbal Ink 66462 280.00 Human Resources Services Verbal Ink 66736 173.50 Human Resources Services Verizon California 66463 6,840.00 Telecommunications Verne's Plumbing 66464 5,285.76 Plumbing Services&Supplies Verne's Plumbing 66611 8,009.32 Plumbing Services&Supplies Verne's Plumbing 66737 3,034.14 Plumbing Services&Supplies Venach Industrial Systems,LIc 66612 6,612.58 Professional Services/Construction Consulting Services Vision Internet Providers,Inc 66613 350.00 Professional Services/Web Design Services MR Scientific Products 66465 2,911.15 Laboratory Services&Supplies MR Scientific Products 66738 8,204.63 Laboratory Services&Supplies W.M.Lyles Co. 66619 5,700.00 Construction W.M.Lyles Co. Sal 721,287.W Construction W.M.Lyles Co. 66751 B,201.50 Construction Wastewater Technology Trainers 66739 1,730.00 Professional Organizations Mee0ng7raining/Membership Water Environment Federation 66740 1,912.00 Professional Organizations Meeting(Training/Membeship Waters Corporal 66741 3,790.87 Laboratory Services&Supplies Waxie Sanitary Supply 66466 2,043.31 Janitor&Household Service&Supplies Waxie Sanitary Supply 66614 1,583.43 Janitor&Household Service&Supplies Wayne Perry Inc 66467 1,900.00 Laboratory Services&Supplies Weber Scientfc 66742 176.14 Laboratory Services&Supplies Wesley G.Bauer,II 66469 181 Meebng/rraining Expense Reimbursement West Coast Arboreta,Inc. 66615 750.00 Landscape Maintenance Services West Coast Arbonsts,Inc. 66743 4,048.00 Landscape Maintenance Services West Coast Safety Supply Co. 667" 1,443.80 Safety,Security,Health Equipment,Supplies,and Services West Lite Supply Company,Inc. 66468 1,204.55 Electrical/Electronic Equipment,Parts&Repairs West Lite Supply Company,Inc. 66616 49.42 ElectrlcallElectmnlc Equipment,Parts&Repairs West Lite Supply Company,Inc. 66745 285.64 Electrical/Electronic Equipment,Parts&Repairs William M.Moline 66820 340.00 Meefinglhalning Expense Reimbursement Wilmington Instrument Co.,Inc. 66746 1,598.72 Instrument Parts&Supplies Woodruff Spool&Smart 6648E 48,158.68 Professional Services-Legal EXHIBIT B nmzlalr Page 9 of 10 BI6/2014 Claims Paid From 7116114 to 7131/14 Return to Mamas Rom Vendor Warrant No. Amount Description Xylem Water Solutions 66617 450.71 Repair&Maintenance Services and/or Supplies Total Accounts Payable-Warrants $ 7439469,50 Payroll Disbursements Employee Paychecks 56460 - M492 $ 77,192.52 Biweekly Payroll(7123/14) Employee Paychecks 66493 100.00 Interim Payroll-Re-issue ARBA Check(7/17/14) Employee Paychecks 561 2,747.09 Interim Payroll-Resignation-Reg Hre(7/17/14) Employee Paychecks 56495 7,279.76 Interim Payroll-Resignation-Accruals(7/17/14) Employee Paychecks 56496 - M497 2,903.17 Interim Payroll-Leave Payout(IDEA)(7/2V14) Employee Paychecks 56564 5,556.70 Interim Payroll-Retirement-Reg Hrs(7/31/14) Employee Paychecks 56565 12,431.78 Interim Payroll-Retirement-Accmals(7/31/14) Direct Deposit Statements 357629-358194 1,378,336.40 Biweekly Payroll(7/23/14) Total Payroll Disbursements $ 1,486,547.42 —ehed oomheras4ss.esess used In ww,e penoE. Wire Transfer Payments OCSD Payroll Taxes&Contrlbufiche $ 710,987.39 Biweekly Payroll(7123114) W.M.Lyles 2,286,596.95 Construction P1-1011PP18(7117114) W.M.Lyles 625,392.60 Construction P1-112/P2-101/PP6(7117114) W.M.Lyles 1,025,400.55 Construction 5-60/PP11 (7124114) Union Bank of California 1,813,575.44 Series 2007A Certificates of Participation Interest Payment Union Bank of California 6,624,612.72 Series 2007B Certificates of Participation Interest Payment US Bank 8,640,005.86 Series 2008B Refunding Certificates of Participation Principal and Interest Payment US Bank 4,441,800.30 Series 2009A Refunding Certificates of Participation Interest Payment US Bank 2,228,947.46 Series 2010A Revenue Obligation BABS Interest Payment US Bank 5,018,202.98 Series 201OC Revenue Obligation BAGS Interest Payment Union Bank of California 12,058,272.54 Series 2011A Certificates of Participation Principal It Interest Payment Union Bank of California 1,867,948.47 Series 2012A Certificates of Participation Interest Payment US Bank 1,593,697.90 Series 2012B Revenue Obligation Interest Payment Total Wire Transfer Payments $ 48.935.441.16 Total Claims Paid 7/16114-7131/14 $ 57,861,458.08 Oorzlpnr Page 10 of 10 EXHIBIT B eIBIT ITEM NO. 2 Orange County Sanitation District MINUTES BOARD MEETING July 23, 2014 1 SANITgTj�y Q ? ¢ e� o � Fcl�N HE ENv���� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 0 712 312 01 4 Minutes of Board Meeting Page 1 of 14 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on July 23, 2014, at 6:30 p.m., in the Administration Building. Director Brad Reese delivered the invocation and led the Pledge of Allegiance. The Acting Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Tom Beamish, Chair Rose Espinoza X John Nielsen, Vice-Chair Allan Bernstein X David Benavides Sal Tinajero X Joe Carchio Dave Sullivan X Steven Choi Christina Shea 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 Brett Murdock X Roy Moore X Richard Murphy Troy Edgar X Steve Nagel Michael Vo X Prakash Narain Doug Bailey X Scott Nelson Constance Underhill X Janet Nguyen Shawn Nelson 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; Nick Arhontes, Director of Facilities Support Services; Jeff Reed, Director of Human Resources; Rob Thompson, Director of Engineering; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Kelly Lore, Acting Clerk of the Board; Jennifer Cabral; Norbert Gaia; Al Garcia; Stephanie Good; Lori Klinger; Andrew Nau; Kelly Newell. 07/23/2014 Minutes of Board Meeting Page 2 of 14 OTHERS PRESENT: Brad Hogin, General Counsel; Steve Filarsky, Consultant; Jim Ruth, Consultant; Dan Bunce, Brown and Caldwell; Bob Ooten (Alternate Director) CWSD. PUBLIC COMMENTS: None. Director Benavides arrived at 6:35 p.m. SPECIAL PRESENTATIONS: General Manager, Jim Herberg and Vice Chair Beamish presented Certificates of Commendation to: o Southern California Alliance of Publicly Owned Treatment Works (SCAP) Executive Director John Pastore in attendance. o California Association of Sanitation Agencies (CASA) CASA President Stephen Hogg in attendance. o California Water Environment Association (CWEA) Director Megan Yoo Schneider, WEF Director Alec Mackie and Treasurer Belinda Blackburn in attendance. REPORTS: Chair Beamish announced that Director Ferryman received the "Recognition in Special District Governance". Chair Beamish also announced that he has appointed Scott Nelson to the Steering Committee and Steve Jones as an Alternate for the GWRS Steering Committee and noted that these appointments were not reflected on Agenda Item No. 2 as they were finalized today. Director Kring arrived at 6:39 p.m. General Manager Jim Herberg reported on the following: July status report; dates available for upcoming Director Nerissa Tours; community and construction outreach efforts; and the recently assigned OCSD's AAA rating by Standard & Poor's and Fitch. Director of Finance, Lorenzo Tyner distributed an informational flyer and updated the Board on the Fund Manager Selection Process. 07/23/2014 Minutes of Board Meeting Page 3 of 14 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: 06/15/14 06/30/14 Totals $ 7,485,674.74 $ 9,221,231.85 AYES: Beamish; Carchio; Choi; Ferryman; Hernandez; Jones; Kim; Levitt; Nagel; Narain; Nelson; Reese; F. Smith; and Withers NOES: None Benavides; Diep; Kring; Moore (Alternate) M. Murphy ABSTENTIONS: (Alternate) R. Murphy; Nguyen; Nielsen; Seboum and Shawver ABSENT: Curry CONSENT CALENDAR: 2. MOVED, SECONDED, AND DULY CARRIED: Receive and file the updated Orange County Sanitation District Directors' Committee Assignments for 2014-15 with the addition of Scott Nelson to the Steering Committee and Steve Jones as an Alternate for the GWRS Steering Committee, who Chair Beamish appointed today. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 07/23/2014 Minutes of Board Meeting Page 4 of 14 3. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular Board Meeting held on June 25, 2014. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: M. Murphy (Alternate) ABSENT: Curry 4. MOVED, SECONDED, AND DULY CARRIED: Approve the FY 2014-15 "not-to-exceed" quotes for the following insurances: A. Medical Insurance— Not to Exceed $9,623,361 B. Dental Insurance— Not to Exceed $884,195 C. Vision Insurance— Not to Exceed $92,867 D. Basic Life Insurance— Not to Exceed $65,331 E. Long-Term Disability Insurance— Not to Exceed $285,479 F. Short-Term Disability Insurance— Not to Exceed $141,360 G. Employee Assistance Program — Not to Exceed $11,026 AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 5. MOVED, SECONDED, AND DULY CARRIED: A. Authorize the purchase of a new 400-kilowatt trailer-mounted Tier 4 Final compliant mobile generator and related accessories from Multiquip, for a total not to exceed $189,148 in accordance with OCSD's Ordinance No. OCSD44, Section 2.03, Exceptions, Item B., Cooperative Purchases; and B. Approve a contingency of$18,914 (10%). 07/23/2014 Minutes of Board Meeting Page 5 of 14 AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 6. MOVED, SECONDED, AND DULY CARRIED: Authorize the Purchasing Manager to conduct a Negotiated Procurement for a construction contract for SALS PS Vent Piping Modifications, Project No. FE12-09, in accordance with Ordinance No. OCSD44, Section 5.02.A.1.(d): No bids. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 7. MOVED, SECONDED, AND DULY CARRIED: A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to K&F Electric, Inc. for Programmable Control Panel Upgrades, Project No. J-125, for a total amount not to exceed $1,067,774; and C. Approve a contingency of$106,777 (10%). AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None 07/23/2014 Minutes of Board Meeting Page 6 of 14 ABSTENTIONS: None ABSENT: Curry 8. MOVED, SECONDED, AND DULY CARRIED: A. Approve Amendment No. 6 to the Professional Design Services Agreement with Brown and Caldwell for Sludge Dewatering and Odor Control at Plant No. 2, Project No. 132-92, for $666,798, increasing the total amount not to exceed $7,485,239; and B. Approve a contingency increase of $66,680 (1.2%) to the Professional Design Services Agreement with Brown and Caldwell for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 9. MOVED, SECONDED, AND DULY CARRIED: A. Approve a sole source purchase order to Flo Systems Inc. for the purchase of one spare pump for the Steve Anderson Lift Station (SALS) for a total amount of$215,000; and B. Approve a contingency of$6,450 (3%). AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 07/23/2014 Minutes of Board Meeting Page 7 of 14 NON-CONSENT: 10. MOVED, SECONDED, AND DULY CARRIED: A. Receive and file bid tabulation and recommendation; B. Find that the lowest bid from Hal Hays Construction, Inc. is non- responsive and reject the lowest bid; C. Receive and file Appeal of Award Recommendation letter dated June 18, 2014 from Hal Hays Construction, Inc. concerning the determination that their bid was Non-Responsive and the Orange County Sanitation District's recommendation to award to the second lowest bidder, Stronghold Engineering, Inc.; D. Receive and file the Orange County Sanitation District Final Disposition letter dated July 10, 2014, to Hal Hays Construction, Inc. responding to the Appeal of Award Recommendation; E. Deny Appeal of Award Recommendation filed by Hal Hays Construction, Inc.; F. Award a construction contract to Stronghold Engineering, Inc. for Maintenance Area Building Improvements and Building H Demolition, Contract No. P1-115A, part of Title 24 Access Compliance and Building Rehabilitation, Project No. P1-115, for a total amount not to exceed $7,323,217; and G. Approve a contingency of$732,322 (10%). AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 07/23/2014 Minutes of Board Meeting Page 8 of 14 OPERATIONS COMMITTEE: 11. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Committee Meeting held on July 2, 2014. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 12. MOVED, SECONDED, AND DULY CARRIED: A. Award a contract to the lowest responsive and responsible bidder, CDC Engineering and Technology, for Repairs to Primary Clarifier No. 3 Drive Unit at P1, Project No. FR14-002, for a total amount not to exceed $332,700; and B. Approve a contingency of$66,540 (20%). AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 13. MOVED, SECONDED, AND DULY CARRIED: A. Consider, receive, and file the Final Environmental Impact Report for the Southwest Costa Mesa Trunk, Project No. 6-19, dated July 23, 2014; and B. Adopt Resolution No. OCSD 14-09 entitled; "A Resolution of the Board of Directors of the Orange County Sanitation District, Certifying the Final Environmental Impact Report for implementation of Southwest Costa 07/23/2014 Minutes of Board Meeting Page 9 of 14 Mesa Trunk, Project No. 6-19; making certain findings relating to environmental effects identified in the Final Environmental Impact Report; adopting a Mitigation Monitoring and Reporting Program; adopting a Statement of Overriding Considerations; and approving the Southwest Costa Mesa Trunk, Project No. 6-19." AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 14. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Committee Meeting held on July 9, 2014. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 15. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 14-10, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District, Authorizing the Orange County Sanitation District's Treasurer to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy Statement and Performance Benchmarks for FY 2014-15; and Repealing Resolution No. OCSD 13-13." AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None 07/23/2014 Minutes of Board Meeting Page 10 of 14 ABSTENTIONS: None ABSENT: Curry 16. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to issue Revenue Refunding Certificate Anticipation Notes, Series 2014B, as two-year fixed-rate obligations, subject to market conditions, in an amount not to exceed $135.0 million to replace the $129.625 million Revenue Refunding Certificate Anticipation Notes, Series 2013A maturing on October 16, 2014. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 17. MOVED, SECONDED, AND DULY CARRIED: Authorize use of Ordinance No. OCSD-44, Section 2.03:13. Cooperative Purchases for a blanket order agreement to purchase equipment and services for OCSD's Motorola radio systems, for a total amount not to exceed $250,000 to include all tax and freight. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry 07/23/2014 Minutes of Board Meeting Page 11 of 14 18. MOVED, SECONDED, AND DULY CARRIED: Direct staff to pay down on the District's unfunded actuarial accrued liability with the Orange County Employee's Retirement System (OCERS) in the amount of$125 million. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry STEERING COMMITTEE: 19. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering Committee Meeting held on June 25, 2014 and the Special Steering Committee Meeting held on July 9, 2014. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 20. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of the July 14, 2014 meeting of the Legislative and Public Affairs Special Committee. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. 07/23/2014 Minutes of Board Meeting Page 12 of 14 NOES: None ABSTENTIONS: None ABSENT: Curry GWRS STEERING COMMITTEE: 21. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes for the GWRS Steering Committee Meeting held on April 14, 2014. AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate); M. Murphy (Alternate); R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F. Smith; and Withers. NOES: None ABSTENTIONS: None ABSENT: Curry AB 1234 REPORTS: Director Ferryman reported on his recent meetings as part of the following Boards: • OCCOG; GWRS; SARFPA and the SAWPA Chino Desalter Tour Director Withers commented on the possibility of OCSD becoming one of the formal SAWPA member agencies. Director Nguyen left the meeting at 6:55 p.m. CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54957.6 The Board convened in closed session at 6:55 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 7:30 p.m. 07/23/2014 Minutes of Board Meeting Page 13 of 14 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Beamish stated that all of the Committee positions have now filled, but the Board should keep in mind that there would be openings in December when a few Directors will term out. ADJOURNMENT: The Chair adjourned the meeting at 7:32 p.m., until the Regular Board Meeting on August 27, 2014 at 6:30 p.m. Kelly A. Lore Acting Clerk of the Board 07/23/2014 Minutes of Board Meeting Page 14 of 14 BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir. o8iviia AGENDA REPORT em Number Item Numbe 8 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: P1 HAZARDOUS WASTE STORAGE RELOCATION, PROJECT NO. FE12-02 GENERAL MANAGER'S RECOMMENDATION A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to Fleming Environmental, Inc. for P1 Hazardous Waste Storage Relocation, Project No. FE12-02, for a total amount not to exceed $398,111; and C. Approve a contingency of$39,811 (10%). SUMMARY This project will demolish the existing hazardous waste storage facility at Plant No. 1 and construct a new hazardous waste storage facility, including minor electrical work, at a different location at Plant No. 1. Hazardous material will be moved by the Orange County Sanitation District (Sanitation District) forces. In addition, this project will replace an existing damaged sanitary pipe at Plant No. 1. The Sanitation District advertised for bids on April 28, 2014. Three sealed bids were received on June 23, 2014. The bids were evaluated in accordance with the Sanitation District's policies and procedures. Fleming Environmental, Inc. was deemed the lowest responsive, responsible bidder. Staff recommends awarding a construction contract to Fleming Environmental, Inc. for P1 Hazardous Waste Storage Relocation, Project No. FE12-02, for a total amount not to exceed $398,111. Summary information on the bid opening for P1 Hazardous Waste Storage Relocation, Project No. FE12-02, is as follows: Project Budget $1,159,403 Construction Contract Budget $ 650,000 Engineer's Estimate $ 294,131 Lowest Responsive, Responsible Bid $ 398,111 High Bid $ 433,400 Page 1 of 2 Bidder Amount of Bid Fleming Environmental, Inc. $ 398,111 The Richards Group $ 415,800 Tharsos, Inc. $ 433,400 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA A Notice of Exemption was filed and recorded with the County of Orange on March 14, 2014. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY2014-15, Section 8, Page 119). Project contingency funds will not be used for this construction contract. Date of Approval Contract Amount Continaencv 08/27/14 $398,111 $39,811 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Construction Agreement MP:dm:gc Page 2 of 2 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..........................................................................................4 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................5 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................6 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ..............................................................................................9 SECTION - 13 COMPLETION...................................................................................9 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................12 SECTION - 16 INSURANCE....................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................21 SECTION - 18 TERMINATION................................................................................21 SECTION - 19 WARRANTY....................................................................................21 SECTION -20 ASSIGNMENT.................................................................................22 SECTION -21 RESOLUTION OF DISPUTES ........................................................23 SECTION -22 SAFETY& HEALTH........................................................................23 SECTION -23 NOTICES.........................................................................................24 C-CA-021414 Return to Aaende Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION THIS AGREEMENT is made and entered into, to be effective, this July 23, 2014, by and between Fleming Environmental, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 1 of 25 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report(GBR), if attached as a Contract Document I. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans H. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: 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. C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 2 of 25 Return to Aaende Report 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 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. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 3 of 25 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. SECTION-3 PROJECT The Project is described as: PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 4 of 25 Return to Aaende Report SECTION-4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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 270 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes 5 calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. 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 CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 5 of 25 the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION—7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay"and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. 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. C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 6 of 25 Return to Aaenda Report SECTION — 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". 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 Three Hundred Ninety-Eight Thousand One Hundred Eleven Dollars ($398,111)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 CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 7 of 25 not limited to Sections entitled "Mobilization Payment Requirements" and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. 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. C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 8 of 25 Return to Aaenda Report B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment' means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment' means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount'for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the 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 et 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. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 9 of 25 Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing 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-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 10 of 25 Return to Aaenda Report 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. E. Workdav: In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B)above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sea.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of 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. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 11 of 25 F. Record of Wages: Inspection: CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its Subcontractors do the same. All payroll records shall be certified as accurate by the applicable CONTRACTOR or Subcontractor or its agent having authority over such matters. CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non- compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. 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 C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 12 of 25 Return to Aaenda Report 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 fad of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION—16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all 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 CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 13 of 25 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 Dossessina the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties'), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between 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: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 14 of 25 Return to Aaenda Report a. Premises-Operations. b. Products and Completed Operations, with limits of at least Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to 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. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 15 of 25 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 One Million Dollars ($1,000,000) and a general aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) One Million Dollars ($1,000,000) 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. C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 16 of 25 Return to Aaende Report Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. 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. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 17 of 25 C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10)days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 18 of 25 Return to Aaende Report signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s)will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20)days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 19 of 25 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 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 C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 20 of 25 Return to Agenda Report 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, 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. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 21 of 25 The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion' that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1)the remainder of the original one-year warranty period; or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state 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. C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 22 of 25 Return to Aaenda Report SECTION—21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION—22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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: Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92831 Copy to: Terry L. Fleming, Jr., President Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92831 C-CA-021414 CONFORMED PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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: Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92831 By Printed Name Its CONTRACTOR's State License No. 746017 (Expiration Date—2/26/2016) 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 CONFORMED C-CA-021414 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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. CONFORMED C-EXA-071012 PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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 CONFORMED PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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 stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-071012 PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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 CONFORMED PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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; CONFORMED C-EXA-071012 PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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 CONFORMED PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION 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 Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date CONFORMED C-EXA-071012 PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 7 of 8 Return to Mende Report ATTACHMENT SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Fleming Environmental, Inc.): BF-14 Schedule of Prices, Pages 1-2 C-EXA-071012 CONFORMED PROJECT NO.FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 8 of 8 Bid Submitted By: Fleming Environmental Inc. (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 state and/or federal and any other special taxes, patent rights or royalties shall be included in the prices Quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID'LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials,equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-031014 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 1 of 2 Return to Agenda Renod Bid Submitted By: Fleming Environmental Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Approx Unit Price Extended Price No. Measurement city 1. Mobilization, initial progress payment for all fees, labor, materials and 1r �y�equipment required for mobilization, staging area, and surety bonds, and Lump Sum 1 = $ I-) 1 QOG other activities in conformance with the Contract Documents, not to exceed 4% of Total Amount Bid. 2. This Item includes all labor, materials, equipment,and services, except for 2 p Item 1, necessary for the completion of the Contract Work for FE12-02 in Lump Sum 1 = $ conformance with the Contract Documents. ar� TOTAL AMOUNT OF BID (BASISOFAWARD) $ SC) 1OJ� �� •QD . BF-14 SCHEDULE OF PRICES C-BF-031014 PROJECT NO. FE12-02 PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION Page 2 of 2 BOARD OF DIRECTORS Meeting Dare I TOBA.of Dir. - oe/n/ia AGENDA REPORT em Number Item Numbe 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: WI-FI INSTALLATION P2, PROJECT NO. FE12-03 GENERAL MANAGER'S RECOMMENDATION A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to Amtek Construction for Wi-Fi Installation P2, Project No. FE12-03, for a total amount not to exceed $177,973; and C. Approve a contingency of$17,797 (10%). SUMMARY This project will provide Wi-Fi access coverage at Plant No. 2. This will include installation of WI-Fi antennas, the associated equipment at existing communication panels, related wiring, and other related work. The Orange County Sanitation District (Sanitation District) advertised for bids on May 6, 2014. Two sealed bids were received on June 24, 2014. The bids were evaluated in accordance with the Sanitation District's policies and procedures. Amek Construction was deemed the lowest responsive, responsible bidder. Staff recommends awarding a construction contract to Amtek Construction for Wi-Fi Installation P2, Project No. FE12-03, fora total amount not to exceed $177,973. Summary information on the bid opening for Wi-Fi Installation P2, Project No. FE12-03, is as follows: Project Budget $ 554,192 Construction Contract Budget $ 212,650 Engineer's Estimate $ 198,892 Lowest Responsive, Responsible Bid $ 177,973 High Bid $ 206,186 Bidder Amount of Bid Amtek Construction $ 177,973 K&F Electric, Inc. $ 206,186 Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA A Notice of Exemption was filed and recorded with the County of Orange on November 27, 2013. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY2014-15, Section 8, Page 119). Project contingency funds will not be used for this construction contract. Date of Auoroval Contract Amount Continaencv 08/27/14 $177,973 $17,797 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: • Construction Agreement MP:dm:gc Page 2 of 2 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..........................................................................................4 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................5 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................6 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ..............................................................................................9 SECTION - 13 COMPLETION.................................................................................10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................12 SECTION - 16 INSURANCE....................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................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 Aaende Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE12.03 WI-FI INSTALLATION, PLANT NO. 2 THIS AGREEMENT is made and entered into, to be effective, this August 27, 2014, by and between AMTEK Construction, hereinafter referred to as"CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 1 of 25 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report(GBR), if attached as a Contract Document I. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans H. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR'S Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: 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 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 2 of 25 Return to Aaende Report 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 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. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 3 of 25 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. SECTION-3 PROJECT The Project is described as: PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO. 2 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO. 2 CONFORMED Page 4 of 25 Return to Aaende Report SECTION-4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO. 2 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION—5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within 270 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes 5 calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. 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, C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 5 of 25 and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION—7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay"and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. SECTION—S 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. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 6 of 25 Return to Aaenda Report SECTION — 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". 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 One Hundred Seventy Seven Thousand Nine Hundred Seventy Three Dollars ($177,973) 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 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 7 of 25 not limited to Sections entitled "Mobilization Payment Requirements" and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. 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. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 8 of 25 Return to Aaenda Report B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount"for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the 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." C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 9 of 25 SECTION-13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00)and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing 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 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 10 of 25 Return to Aaentle Report 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. ADDrentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. E. 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 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 11 of 25 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 Waces: Inspection: CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its Subcontractors do the same. All payroll records shall be certified as accurate by the applicable CONTRACTOR or Subcontractor or its agent having authority over such matters. CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non- compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. SECTION— 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel—one in the amount of one hundred percent(100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%)of the Contract amount to guarantee payment of all C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 12 of 25 Return to Aaenda Report claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION—16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 13 of 25 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. 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 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 14 of 25 Return to Aaenda Report 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: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000)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 Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 15 of 25 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 One Million Dollars ($1,000,000) and a general aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 16 of 25 Return to Aaenda Report 4. Worker's Compensation/EmDlover's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 17 of 25 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 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. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 18 of 25 Return to Aaende Report 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. 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 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 19 of 25 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 all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 20 of 25 Return to Agenda Report 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, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 CONFORMED Page 21 of 25 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 corrected deficiency until the later of(1)the remainder of the original one-year warranty period; C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 22 of 25 Return to Aaende Report 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 safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 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: AMTEK Construction 12409 Slauson Avenue, Ste "I" (Eye) Whittier, CA 90606 Copy to: Steven Sayce AMTEK Construction 12409 Slauson Avenue, Ste "I" (Eye) Whittier, CA 90606 C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION, PLANT NO.2 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: AMTEK Construction 12409 Slauson Avenue, Ste "I" (Eye) Whittier, CA 90606 By Printed Name Its CONTRACTOR's State License No. 490382 (Expiration Date—0 410 3/2 0 1 5) OCSD: Orange County Sanitation District By Chair, Board of Directors By Maria E. Ayala Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Division Manager C-CA-021414 PROJECT NO. FE12-03 WI-FI INSTALLATION,PLANT NO.2 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 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 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 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 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 stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. C-EXA-071012 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 3 of 8 Return to Mende 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 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 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; 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; C-EXA-071012 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 5 of 8 Return to Aaentle Report 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 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 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 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 7 of 8 Return to Aaenda Report ATTACHMENT SCHEDULE OF PRICES See next pages for Bid Submittal Forms (AMTEK Construction): BF-14 Schedule of Prices, Page 1 —2 C-EXA-071012 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 CONFORMED Page 8 of 8 AMTEK CONSTRUCTION Bid Submitted By: (Hama 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, state and/or federal, and any other special taxes. patent nahts 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. Bidders shall accurately reflect the cost to perform the Work. OCSD may reject unbalanced Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS. BF-14 SCHEDULE OF PRICES C-BF-031014 PROJECT NO.FE12-03 WI-FI INSTALLATION,PLANT NO.2 Page 1 of 2 Rehm to Agenda Repod Bid Submitted By: AMTEK CONSTRUCTION (Name of Firm) EXHIBIT A SCHEDULE OF PRICES Refer to Note 1 in the Instructions: Item No. Description Unit of City. Extended Price Measurement 1• Mobilization:This item includes all labor, materials, and equipment necessary for mobilization as described in Section 01155 and shall be in conformance with the Lump Sum 1 $5,000.00 Contract Documents for the lump sum price not to exceed...... 2• WI-FI Installation: Furnish all labor, materials and equipment necessary for the construction of PROJECT NO. FE12.03,WI-FI INSTALLATION,PLANT NO.2. Lump Sum 1 111172,973.00 except for the Work specified for Bid Item 1, in conformance with the Contract Documents,for the lump sum price of... TOTAL AMOUNT OF BID(BASIS OF AWARD) $ 177,973.00 BF-14 SCHEDULE OF PRICES C-BF-031014 PROJECT NO.FE12-03 WI-FI INSTALLATION, PLANT NO.2 Page 2 of 2 BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir. — o8/n/ia AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2, PROJECT NO. FE13-02 GENERAL MANAGER'S RECOMMENDATION A. Receive and file bid tabulation and recommendation; and B. Award a construction contract to O'Connell Engineering & Construction, Inc. for Repairs to Bar Screen at D Headworks at P2, Project No. FE13-02, for a total amount not to exceed $285,000; and C. Approve a contingency of$28,500 (10%). SUMMARY This project will provide safety improvements that include installation of equipment guards to protect operations and maintenance personnel during bar screen operation. The Orange County Sanitation District (Sanitation District) advertised for bids on May 29, 2014. Four sealed bids were received on June 30, 2014. The bids were evaluated in accordance with the Sanitation District's policies and procedures. O'Connell Engineering & Construction, Inc. was deemed the lowest responsive, responsible bidder. Staff recommends awarding a construction contract to O'Connell Engineering & Construction, Inc. for Repairs to Bar Screen at D Headworks at P2, Project No. FE13-02, for a total amount not to exceed $285,000. Summary information on the bid opening for Repairs to Bar Screen at D Headworks at P2, Project No. FE13-02, is as follows: Project Budget $ 673,793 Construction Contract Budget $ 350,000 Engineer's Estimate $ 274,000 Lowest Responsive, Responsible Bid $ 285,000 High Bid $ 363,000 Page 1 of 2 Bidder Amount of Bid O'Connell Engineering & Construction $ 285,000 W.M. Lyles Company $ 285,500 Interlog Hym Engineering $ 299,000 Tom Watson, Inc. $ 363,000 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA A Notice of Exemption was filed and recorded with the County of Orange on January 31, 2014. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY2014-15, Section 8, Page 119). Project contingency funds will not be used for this construction contract. Date of ADDroval Contract Amount Continaencv 08/27/14 $285,000 $28,500 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Construction Agreement MP:dm:gc Page 2 of 2 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..........................................................................................4 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................5 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................6 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ..............................................................................................9 SECTION - 13 COMPLETION...................................................................................9 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................12 SECTION - 16 INSURANCE....................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................21 SECTION - 18 TERMINATION................................................................................21 SECTION - 19 WARRANTY....................................................................................21 SECTION -20 ASSIGNMENT.................................................................................22 SECTION -21 RESOLUTION OF DISPUTES ........................................................22 SECTION -22 SAFETY& HEALTH........................................................................23 SECTION -23 NOTICES.........................................................................................23 C-CA-021414 Return to Aaende Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 THIS AGREEMENT is made and entered into, to be effective, this August 27, 2014, by and between O'Connell Engineering & Construction, Inc., hereinafter referred to as "CONTRACTOR"and the Orange County Sanitation District, hereinafter referred to as"OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 1 of 24 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report(GBR), if attached as a Contract Document I. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans H. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR'S Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: 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 C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 2 of 24 Return to Aaende Report 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 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. CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 3 of 24 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. SECTION-3 PROJECT The Project is described as: PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 4 of 24 Return to Aaende Report SECTION-4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 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 350 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes 0 (zero) calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. 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 CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 5 of 24 the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION—7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. 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. C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 6 of 24 Return to Aaenda Report SECTION — 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". 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 Eighty-Five Thousand Dollars ($285,000) as itemized on the Attached Exhibit"A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 7 of 24 not limited to Sections entitled "Mobilization Payment Requirements" and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. 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: C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 8 of 24 Return to Aaenda Report 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment' means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount'for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the 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 et 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. CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 9 of 24 Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION—14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00)and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing 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-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 10 of 24 Return to Aaenda Report 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. E. Workdav: In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B)above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sea.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of 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 Waces: Inspection: CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 11 of 24 CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its Subcontractors do the same. All payroll records shall be certified as accurate by the applicable CONTRACTOR or Subcontractor or its agent having authority over such matters. CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non- compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. SECTION— 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel—one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the 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 C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 12 of 24 Return to Aaende Report Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION—16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all 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 CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 13 of 24 CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD oremises/worksite without Dossessina the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between 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: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 14 of 24 Return to Aaende Report b. Products and Completed Operations, with limits of at least Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to 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. CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 15 of 24 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 One Million Dollars ($1,000,000) and a general aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) One Million Dollars ($1,000,000) 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. C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 16 of 24 Return to Aaende Report Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. 5. 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 CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 17 of 24 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 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 C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 18 of 24 Return to Aaenda Report 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. 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 CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 19 of 24 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 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 C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 20 of 24 Return to Agenda Report 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 SECTION—17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION-18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a 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 CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 21 of 24 or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1)the remainder of the original one-year warranty period; or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state 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. C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 22 of 24 Return to Aaenda Report SECTION — 22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. 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: O'Connell Engineering & Construction, Inc. 36572 Deauville Road Winchester, CA 92596 Copy to: O'Connell Engineering & Construction, Inc. 36572 Deauville Road Winchester, CA 92596 CONFORMED C-CA-021414 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 23 of 24 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: O'Connell Engineering & Construction, Inc. 36572 Deauville Road Winchester, CA 92596 By Printed Name Its CONTRACTOR's State License No. 883686 (Expiration Date— 04/30/2015) OCSD: Orange County Sanitation District By Chair, Board of Directors By Maria Ayala Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Division Manager C-CA-021414 CONFORMED PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 24 of 24 Return to Aaenda Report EXHIBIT A SCHEDULE OF PRICES C-EXA-071012 TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION ..............................................................................1 EXA-2 PROGRESS PAYMENTS....................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS .........................................................1 EXA-4 STOP PAYMENT NOTICE ..................................................................................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 Return to Aaenda Report EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement—Section 11 —"Contract Price and Method of Payment;" 2. General Conditions—"Payment—General", 3. General Conditions—"Payment—Applications for Payment": 4. General Conditions—"Payment— Mobilization Payment Requirements;" 5. General Conditions—"Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions—"Contract Price Adjustments and Payments"; 7. General Conditions—"Suspension of Payments"; 8. General Conditions—"OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment" EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. CONFORMED C-EXA-071012 PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 1 of 8 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 CONFORMED PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 2 of 8 Return to Aaenda Report 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-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-071012 PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 3 of 8 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 CONFORMED PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 4 of 8 Return to Aaenda Report 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; CONFORMED C-EXA-071012 PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 5 of 8 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 CONFORMED PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 6 of 8 Return to Aaenda Report 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 Ad 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 CONFORMED C-EXA-071012 PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 7 of 8 ATTACHMENT SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (O'Connell Engineering & Construction, Inc.) BF-14 Schedule of Prices, Pages 1-2 C-EXA-071012 CONFORMED PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 8 of 8 Return to Agenda Repom Bid Submitted By: O'Connell Engineering&ConsWction, Inc (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 OCSO 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 moderations to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work. including Profit. overhead,etc., unless otherwise specified in the Contract Documents. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE'TOTAL AMOUNT OF BID"LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials,equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-031014 PROJECT NO.FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 1 of 2 Bid Submitted By: O'Connell Engineering& Construction, Inc (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): No Description Unit of AP�y% Total Price 1. Mobilization, initial progress payment for all fees, labor, materials and equipment required for mobilization, staging area, and surety bonds, and other activities in conformance with the Lump Sum 1 $10,000.00 Contract Documents,for a lump sum price of... 2. Furnish all labor, materials and equipment necessary for the completion of the Contrail Work, except for the Work specified for Bid Item 1, in conformance with the Contract Lump Sum 1 $a7!5 a 1.00 Documents,for the lump sum price of... TOTAL AMOUNT OF BID (BASISOFAWARD) $ 050.'b �G BF-14 SCHEDULE OF PRICES C-BF-031014 PROJECT NO. FE13-02 REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2 Page 2 of 2 BOARD OF DIRECTORS Neebng Dare I TOBA.Of Dir. - oe/n/ia AGENDA REPORT Item Number Item Numbe 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: 2014-15 BENEFITS PROGRAM RENEWAL-ADDITIONAL ITEM GENERAL MANAGER'S RECOMMENDATION Approve the FY 2014-15 "not-to-exceed" quote for the following insurance: EMT & Manager Disability - Not to Exceed $29,461 SUMMARY The Orange County Sanitation District (OCSD) provides healthcare and welfare insurance benefits as a provision contained in its Memoranda of Understanding (MOUs) and personnel policies. Additional EMT and Manager Disability insurance is provided by OCSD to Executive Management Team members and Managers per Board-approved policy. PRIOR COMMITTEE/BOARD ACTIONS July 2014 - The Board approved the FY 2014-15 not to exceed amounts for healthcare and welfare insurance benefits for a total of $11,103,619. However, the EMT and Manager Disability insurance is an additional item that also requires Board approval to comply with OCSD procurement processes. May 2014 - The Administration Committee received an informational benefits program renewal cost update for FY 2014-15. June 2014-The Board unanimously adopted the proposed budget for FY 2014-15. ADDITIONAL INFORMATION EMT & Manager Disability Additional term life insurance and long-term disability insurance plan provides increased income protection for executives and managers. Under the plan, eligible employees who are disabled for more than 90 days are eligible to receive a benefit up to 67% of their basic monthly pay in coordination with the regular LTD benefit. The term life insurance amount is $100,000 for executives and managers. Coverage is offered through The Standard. Page 1 Of 2 CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE The funds for the renewal of these insurances are derived from the OCSD Operating Budget and have been included in the FY 2014-15 budget. Page 2 d 2 BOARD OF DIRECTORS Neebng Dare I TOBA.Of Dir. - oe/n/ia AGENDA REPORT Item Number Item Numbe Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: CONTRACT FOR LABOR RELATIONS CONSULTANT- OCEA & LOCAL 501 LABOR CONTRACT NEGOTIATIONS GENERAL MANAGER'S RECOMMENDATION A. Authorize the General Manager to enter into a consulting services agreement with Steve Filarsky, an individual and member of Filarsky & Watt LLP, for labor relations consulting services for a term of twelve (12) months, at an hourly rate of $290 per hour, for a total amount not to exceed $55,000, in a form approved by General Counsel; and, B. Approve a contingency of $22,000 (40%). SUMMARY The labor agreements (Memoranda of Understanding) between OCSD and the employees in the Orange County Employees Association (OCEA) and International Union of Operating Engineers - Local 501 (Local 501) bargaining units expired on June 30, 2014. In preparation for negotiations with OCEA and Local 501, the Board of Directors directed staff to utilize labor relations consulting services to serve as the District's chief negotiator. Based on a selection process and subsequent recommendation of an ad hoc subcommittee of the Administration Committee, the Board selected Steve Filarsky of Filarsky & Watt LLP to serve as the chief negotiator for both the OCEA and Local 501 negotiations. The ad hoc subcommittee and Board expressed an interest in completing labor negotiations over successor Memoranda of Understanding (MOUs) as expeditiously as possible, and thus specified a period of six (6) months for OCSD's contract with Mr. Filarsky. The contract specified a total amount not to exceed $29,000 and the possibility of a one-time extension of three (3) months. Labor contract negotiations with OCEA and Local 501 began in March 2014 and June 2014, respectively. Negotiations with each group have been delayed by a number of factors, including a decertification petition filed by members of Local 501, business agent changes, information requests, and deferred opening proposals from both groups. Additionally, since labor negotiations are underway with all three recognized employee organizations, there may be hesitancy to be the first to settle on a successor agreement due to concern over another group getting a better contract. As a result of these factors, the six (6) month period with a three (3) month extension, for a total of no more than Page 1 of 2 nine (9) months, specified in Mr. Filarsky's original contract is not sufficient to cover the full contract negotiation process for OCEA or Local 501. If approved by the Board, OCSD will enter into an agreement with Mr. Filarsky for a twelve (12) month term, at a rate of $290 per hour, with work hours scheduled by staff as needed based on the negotiation schedule. PRIOR COMMITTEE/BOARD ACTIONS In preparation for upcoming negotiations, the Steering Committee authorized staff to provide the Administration Committee with labor consulting services firms for consideration in November 2013. In December 2013, the Administration Committee voted to establish an ad hoc subcommittee for the purpose of selecting a labor relations consulting service firm from the list of firms provided by staff. In January 2014, the ad hoc committee met and interviewed representatives from four local labor relations consulting law firms. Ultimately, the ad hoc subcommittee determined Steve Filarsky of Filarsky & Watt to be the best suited to OCSD's needs, based on Mr. Filarsky's style and experience. In January 2014, the Board authorized the General Manager to enter into an agreement with Mr. Filarsky. ADDITIONAL INFORMATION N/A CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENTS The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package and attachments: • Consulting Services Agreement Page 2 of 2 Return to Aaenda Report CONSULTING SERVICES AGREEMENT THIS CONSULTING SERVICES AGREEMENT ("Agreement") is made and entered into by and between the ORANGE COUNTY SANITATION DISTRICT (hereinafter, "OCSD" or "Sanitation District"), a public agency, and Steve Filarsky, an individual and member of Filarsky & Watt, LLP, a private entity, (hereinafter referred to as "Consultant"), to be effective this 27th day of August 2014. OCSD and Consultant are hereinafter collectively referred to as the"Parties." RECITALS A. The Sanitation District,by and through its Board of Directors, desires to retain the consulting services of Steve Filarsky to provide advisory and support services concerning Sanitation District business,including,but not limited to, labor negotiations, and other matters as may be required by the Board of Directors; and B. Based on Consultant's experience, knowledge, and skills, Consultant is uniquely qualified to perform these specialized services; and C. Consultant desires to provide the necessary consulting services to the Sanitation District and the Board of Directors pending completion of labor negotiations, and other matters as may be required by the Board of Directors; and D. The Sanitation District has adopted procedures in accordance with Purchasing Ordinance OCSD-44, for the selection of specialized services and has proceeded in accordance with said procedures; and NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the Parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1.0 Retention 1.1 The Sanitation District hereby retains the services of Consultant to provide advisory and support services concerning Sanitation District business, including, but not limited to, labor negotiations, and other matters as may be required by the Board of Directors, effective August 27, 2014, and Consultant hereby agrees to provide such consulting services for the Sanitation District as the Board of Directors deems appropriate. 1.2 All services performed by Consultant, including but not limited to all drafts, data, correspondence, proposals, and reports, compiled or composed by the Consultant, pursuant to this Agreement, are for the sole use of the Sanitation District, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the Sanitation District This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the Sanitation District, (b) subsequently becomes publicly known to the Page 1 of 5 1023275.1 Return to Mende Report Consultant other than through disclosure by the Sanitation District. Neither the documents nor their contents shall be released to any third party without the prior written consent of the Sanitation District. 2.0 Term of Agreement The term of this Agreement shall commence on August 27, 2014, and shall continue in full force and effect until August 27, 2015 unless sooner terminated with or without cause or notice by the Sanitation District or by Consultant, with no less than 30 calendar days' advanced written notice,provided in accordance with paragraph 13.2 herein. 3.0 Compensation 3.1 Consultant will receive compensation at the rate of two hundred ninety dollars ($290.00) per hour for hours worked pursuant to this Agreement, payable in accordance with OCSD's established protocols and procedures used for all other consultants and contractors. Consultant shall not be entitled to any additional compensation or any severance pay upon termination of this Agreement. Consultant shall notify OCSD in the event compensation received under this Agreement reaches or exceeds $55,000. In no event shall Consultant's total compensation exceed$77,000.00. 3.2 Consultant's compensation set forth in Section 3.1 is limited to hours billed and approved by OCSD's General Manager, or his designee, for OCSD related business, regardless of when performed, including travel to and from Consultant's office for business related meetings. Consultant may not invoice OCSD work of a personal nature, even if performed while at OCSD and during regular business hours of OCSD. 3.3 Consultant shall not be entitled to receive any benefits of employment provided to OCSD's regular full-time or management employees, including, but not limited to, group health or medical benefits, life insurance,retirement, vacation and other leave accruals. 4.0 Hours of Work 4.1 Consultant's hours of work shall be established by OCSD's General Manager, or his designee, based on the nature and amount of work to be performed as determined by the Board of Directors. 4.2 Consultant shall provide monthly billing invoices for approval which describe the nature of the services rendered and the explanation of the time billed pursuant to this Agreement. Such updates must be submitted to OCSD's General Manager, or his designee, who shall review progress and approve the invoices. Once submitted, evidence of the scheduled updates and associated documentation will be sent to OCSD's Accounting Department for review and payment in accordance with the OCSD's established accounting practices for all other consultants and contractors. Page 2 of 5 1023275.1 Return to Mende Report 5.0 General Expenses Consultant is not entitled to receive reimbursement for general expenses incurred in the performance of his duties pursuant to this Agreement Notwithstanding the foregoing, if Consultant incurs an extraordinary expense related to the performance of his obligations pursuant to this Agreement and wishes to seek reimbursement from the Sanitation District for such expense incurred, he must do so by submitting a request for reimbursement to the Board of Directors for approval. Any such request must be accompanied by a brief description of the expense and copies of receipts substantiating the expense. 6.0: Insurance 6.1 Consultant shall procure and maintain, at his sole cost and expense, and submit concurrently with his execution of this Agreement, in a form and content satisfactory to OCSD, automobile liability insurance with limits of at least fifty thousand ($50,000) dollars per occurrence. 6.2 Insurance required herein shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Eligible Surplus Lines Insurers (LESLI), by the latest edition of A.M. Best's Key Rating Guide. 6.3 Consultant shall furnish OCSD with both original certificates of insurance and endorsements affecting the coverage required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by OCSD before work commences. OCSD reserves the right to require Consultant's insurer to provide complete, certified copies of the required insurance policies at any time. 7.0: Other Terms and Conditions The Board of Directors, in consultation with the Consultant, shall fix any such other terms and conditions of services to be provided under this Agreement, as it may determine from time to time, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, OCSD's resolutions and policies,or any other applicable law. 8.0: Independent Contractor OCSD regards the Consultant's services set forth herein as unique and specialized. It is agreed that Consultant shall act and be an independent contractor and not an employee of OCSD. Consultant shall be issued a Forrn 1099 consistent with his independent contractor status, and OCSD will not be responsible for any tax withholdings. Page 3 of 5 1023275.1 Return to Mende Report 9.0: Non-Liability of Board of Directors No member of the Board of Directors shall be personally liable to Consultant in the event of any default or breach by the Board, and or by OCSD, or for any amount, which may become due to Consultant. Consultant's compensation for the services rendered pursuant to this Agreement shall be solely an obligation of OCSD to the extent permitted by law. 10.0: Compliance with Law Consultant shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties and obligations that are the subject of this Agreement. 11.0 Governing Law and Venue This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. Any legal action arising under or related to this Agreement shall be brought and prosecuted in the Orange County Superior Court. 12.0 General Provisions 12.1 This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements,representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto,or their respective successors, assigns,or grantees. To the extent that other oral or written agreements exist or OCSD policies may apply to the relationship between OCSD and Consultant, this Agreement supersedes all others. 12.2 Any notices required by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows. IF TO OCSD: Orange County Sanitation District Attn: Clerk of the Board 10844 Ellis Avenue Fountain Valley, CA 92708 IF TO CONSULTANT: Steve Filarsky Filarsky&Watt, LLP 1441 Nineteenth Street Manhattan Beach, CA 90266] 12.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect. Page 4 of 5 1023275.1 Return to Aaende Report 12.4 Any modification of this Agreement shall be effective only if it is in writing and signed by the parties. IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officer's thereunto duly authorized, and CONSULTANT effective as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By James Herberg Date General Manager By Kelly A. Lore Date Acting Clerk of the Board CONSULTANT By Steve Filarsky Date Page 5 of 5 1023275.1 BOARD OF DIRECTORS Neebng Dare I TOBA.Of Dir. — o8/n/ia AGENDA REPORT em Number Item Numbe B Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: RATIFICATION OF REPLACEMENT MIXING PUMP FOR DIGESTER P AT PLANT NO. 2 GENERAL MANAGER'S RECOMMENDATION Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD-44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section 1.07B (Emergency Procurement), authorizing the General Manager to issue Purchase Order No. 97782-OS to Rockwell Engineering & Equipment Co for the emergency purchase and installation of one mixing pump and motor at Plant No. 2 Digester P Pump Room for a total amount not to exceed $109,016 delivered and including tax; and approve a contingency of$5,450 (5%). SUMMARY Digester P at Plant No. 2 is experiencing severe pump and heat exchanger plugging issues and has been taken out of active service intermittently over the last few months. The replacement of the existing (non-chopping) hi-rate mix pump with a chopper pump will allow for a thorough mixing and chopping up the contents of the digester and will prevent plugging. Preventing Digester P from going out of service would alleviate the risk of non-compliance with the digester sludge detention time requirements at Plant No. 2 as there are four other digesters at Plant No. 2 that are out of service for repair and/or rehabilitation. The replacement of Digester P's hi-rate mix pump with a chopper pump is deemed the best option in order to prevent plugging issues. Rockwell Engineering is the sole representative of Vaughan Chopper Pumps in California and staff recommends a sole source for this pump for the following reasons: 1. Given the short time frame for evaluation, Vaughan was the only responsive vendor and manufacturer of chopper pumps for hi-rate mixing applications. 2. Vaughan chopper pumps have been installed and effectively working in several different applications at OCSD. There are eight other digesters at Plant No. 2 equipped with Vaughan chopper pumps for hi-rate mixing. Page 1 of 2 3. The recommended Vaughan chopper pump fits in the existing layout and pipe configuration. A similar pump was installed in Digester Q and is working well. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA This activity is not a project as defined per CEQA. No further action required. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of OCSD Purchasing Ordinance 44 Article 2, Section 2.03E Critical Time Sensitive Procurement. Funds for this item have been budgeted for FY 2014-15 and 2015-16 (section 8 page 120 M-FR-PI-T). Date of Approval Contract Amount Contingency FY2014-15 Budget, $109,016 $5,450 (5%) Ordinance OCSD-44,Article 2, Section 2.03E ET:UM:d Page 2 of 2 BOARD OF DIRECTORS Neebng Date TOBd.Of Dir. -- O8/27/14 AGENDA REPORT Item Item g Orange County Sanitation District FROM: James D Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: EMERGENCY REPAIR SERVICES FOR PLANT 1 HEADWORKS SPUTTER BOX GENERAL MANAGER'S RECOMMENDATION Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section 1.07B (Emergency Procurement), authorizing the General Manager to issue the purchase orders below for Emergency Repair Services for Plant No. 1 Headworks Splitter Box: A. Purchase Order No. 105219-OB to Jamison Engineering Contractors for providing construction services, for a total amount not to exceed $120,000 B. Purchase Order No. 105220-OB to Carollo Engineers for providing engineering services, for a total amount not to exceed $50,000 C. Purchase Order No. 105222-OB to Performance Pipeline for providing sewer cleaning services, for a total amount not to exceed $40,000 SUMMARY • Plant 1 Headworks is a critical facility that conveys wastewater from the collection system into the treatment plant. On August 6, 2014, a small leak was reported weeping up through the asphalt surface near this structure. Repairs to the structure's effluent channels were conducted approximately four years ago due to settling and is assumed to have failed. This leak creates risk to OCSD regarding possible soil and ground water contamination, ability to treat wastewater, and loss of flow to Groundwater Replenishment System (GWRS.) • The General Manager notified the Board Chair of needed emergency repairs in accordance with the District's Purchasing Ordinance OCSD44. Management inspected all three channels via confined space entry starting August 15, 2014. Once the channel inspection is complete, the repair schedule will be determined. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION In 2010, the Headworks three effluent channels were repaired due to discovered leaks caused by settling at a concrete joint. Repairs were made using steel plates and neoprene gaskets to eliminate the leaks. It is believed that leaks have developed in the repairs. If the repair services for Plant 1 Headworks splitter box are not immediately implemented, the leak could worsen, resulting in the inability to convey wastewater from the collection system into the treatment facility and potentially result in a significant sewage spill with negative impacts to public health and environment. Potential risks associated with this leak include untreated wastewater leaking into surrounding soils, inability to treat high flows during wet weather, occasional release of hydrogen sulfide gas, and reduced effluent flow into GWRS. The potential risks associated with the Headworks splitter box constitutes an emergency within the meaning of Public Contract Code Sections 20783, 22050 and 1102, and the Purchasing Ordinance OCSD-44, Article 2, Section 2.03E and Article 1, Section 1.07B. Given the risks listed above, there is not sufficient time available to allow for a typical procurement process. In order to expedite these repairs, Staff is requesting emergency authorization for agreements with three separate contracting parties using the Sanitation District's emergency procurement authority. CEOA This project is statutorily exempt from CEQA, it is an emergency project per Section 15269 (b). The Notice of Exemption was filed on August 20, 2014. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance OCSD-44. Date of ADDroval Contract Amount Contingency 08/14/14 $120,000 PO No. 10519-OB 0% 08/14/14 $ 50,000 PO No. 10520-OB 0% 08/14/14 $ 40,000 PO No. 10522-OB 0% Page 2 of 2 ITEM NO. 10 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, July 23, 2014, at 5:30 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 Tom Beamish, Chair Bob Ghirelli, Assistant General John Nielsen, Vice-Chair Manager Brad Reese, Administration Committee Nick Arhontes, Director of Facilities Chair Support Services John Withers, Member-At-Large Jeff Reed, Director of Human Scott Nelson, Member-At-Large Resources Rob Thompson, Director of Engineering COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations & Maintenance Brett Murdock, Operations Committee Lorenzo Tyner, Director of Finance & Chair Administrative Services Keith Curry, Member-At-Large Kelly Lore, Acting Clerk of the Board Jennifer Cabral Jim Colston Norbert Gaia Al Garcia Stephanie Good Mark Kawamoto Laurie Klinger Andrew Nau OTHERS PRESENT: Brad Hogin, General Counsel Jim Ruth, Consultant Steve Filarsky, Consultant PUBLIC COMMENTS: None. Minutes of the Steering Committee July 23, 2014 Page 2 of 4 REPORTS: Chair Beamish announced that he appointed Scott Nelson to the Steering Committee today. He also stated that SB 946 had been signed by the Governor and will become effective on January 1, 2015. General Manager Jim Herberg reported on the following: Upcoming dates available for Director Nerissa Tours; Community and construction outreach efforts; and the recently assigned AAA rating by Standard & Poor's and Fitch. Director of Finance, Lorenzo Tyner distributed and explained an informational update on the Fund Manager Selection Process. Acting Clerk Kelly Lore distributed corrections to the attachments for Agenda Items 2A and 2B and stated there was no change to the recommendation. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the June 25, 2014 Steering Committee Meeting and the July 9, 2014 Special Steering Committee Meeting. AYES: Beamish, Reese, Nelson, Nielsen and Withers NOES: None ABSTENTIONS: None ABSENT: Curry and Murdock 2. MOVED, SECONDED, AND DULY CARRIED to: A. Extend a Professional Services Agreement with Townsend Public Affairs for State Legislative Services for the period of July 1, 2014 through December 31, 2014 at a monthly rate of $7,500 per month for an amount not to exceed amount of$45,000; and B. Extend a Professional Services Agreement with ENS Resources for Federal Legislative Services for the period of July 1, 2014 through December 31, 2014 at a monthly rate of $5,500 per month for an annual not to exceed amount of$33,000. AYES: Beamish, Reese, Nelson, Nielsen and Withers NOES: None Minutes of the Steering Committee July 23, 2014 Page 3 of 4 ABSTENTIONS: None ABSENT: Curry and Murdock INFORMATION ITEMS: 3. 2014 Post-SAWPA Remedial Plan Update Environmental Compliance-Regulatory Affairs Manager, Jim Colston provided a brief update and distributed an informational hand out in regards to the 2014 Post-SAWPA Remedial Plan Update. CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54957.6 The Committee convened in closed session at 5:48 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENED IN REGULAR SESSION: The Committee reconvened in regular session at 6:15 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Minutes of the Steering Committee July 23, 2014 Page 4 of 4 ADJOURNMENT: The Chair declared the meeting adjourned at 6:16 p.m. Submitted by: Kelly A. Lore Acting 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.