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03-26-2014 Board Meeting Agenda Packet
Orange County Sanitation District 5.10R 1 COUN DBT IRia cr Wednesday, March 26, 2014 Regular Meeting of the 6:30 P.M. Board of Directors 1 Board Room I 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7130 lssa-zala AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (David Benavides, City of Santa Ana) DECLARATION OF QUORUM: ROLL CALL 1. Receive and file Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows: City/Agencv Active Director Alternate Director County Board of Supervisors Janet Nguyen Shawn Nelson 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 Certificate of Commendation to the City of Fountain Valley • Presentation of Certificate of Commendation to the City of Huntington Beach 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. 03/26/14 OCSD Board of Directors Agenda Page 1 of 6 CLAIMS: DIRECTORS., Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party seeking a contract with OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors vendors with OCSD. For the specifics of Government Code Section 84308,please see your Director's Handbook or call the office of General Counsel. 2. Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 02/15/14 02/28/14 Totals $ 6,038,612.07 $ 8,267,177.05 CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 3. Approve minutes for the Regular Board Meeting held on February 26, 2014. NON-CONSENT: 4. A. Receive and file Addendum No. 2 to the Collection System Improvement Plan Program Environmental Impact Report for additional project analysis supporting the Newport Force Main Rehabilitation, Project No. 5-60; and B. Approve Plans and Specifications on file at the office of the Clerk of the Board; and C. Approve Addendum Nos. 1 through 5 to the plans and specifications; and D. Receive and file bid tabulation and recommendation; and E. Ratify withdrawal of low bid from Steve P. Rados, Inc. at their request due to inadvertent calculation error and return of their bid security as allowed under Public Contract Code §5100 et seq.; and F. Approve a budget increase of $5,931,000 for Newport Force Main Rehabilitation, Project No. 5-60, for a total budget amount of $51,719,000; and G. Award a construction contract to Kiewit Infrastructure West Company for Newport Force Main Rehabilitation, Project No. 5-60, for a total amount not to exceed $36,715,000; and H. Approve a contingency of$3,304,350 (9%). 03/26/14 OCSD Boats of Directors Agenda Page 2 of 6 OPERATIONS COMMITTEE: 5. Approve minutes for the Committee Meeting held on February 5, 2014. 6. Approve a contingency increase of $265,048 (8%) to the construction contract with Charles King Company, Inc. for the Balboa Trunk Sewer Rehabilitation, Project No. 5-47, for a total contingency of$662,620 (20%). 7. A. Approve a budget increase of $100,000 for a total project budget of $300,000, for Project No. SP-186, Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study; and B. Approve a Professional Services Agreement with Brown and Caldwell for providing Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study, Project No. SP-186, for an amount not to exceed $284,069; and C. Approve a contingency of$9,500 (3.34%). ADMINISTRATION COMMITTEE: 8. Approve minutes for the Committee Meeting held on February 19, 2014. 9. Adopt Resolution No. OCSD 14-03, adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted. 10. Approve Service Contract to provide services for industrial hygiene, S-2013- 590BD for a one-year plus four optional renewals effective July 1, 2014, for an amount not to exceed $500,000 with the following firm: Arcadis U.S., Inc. 11. Adopt Resolution No. OCSD 14-04, A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement and Meeting Attendance and Compensation and Repealing Resolution No. OCSD 06-11. 12. A. Introduce Ordinance No. OCSD-45, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District Amending Ordinance No. OCSD-34 Pertaining to the Compensation of the Members of the board of Directors"; and B. Motion to read Ordinance No. OCSD45 by title only and waive reading of said entire Ordinance on March 26, 2014; and C. Set April 23, 2014, as the date of the Public Hearing to hear protests and for the second reading and adoption of Ordinance No. OCSD-45. 03/26/14 OCSD Boats of Directors Agenda Page 3 of 6 D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. STEERING COMMITTEE: 13. Approve minutes for the Steering Committee Meeting held on February 26, 2014. LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 14. Receive and file the minutes of the March 10, 2014 meeting of the Legislative and Public Affairs Special Committee. 15. Approve the Orange County Santiation District 2014 Legislative Platform. 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 • Orange County Employees Association (OCEA); • International Union of Operating Engineers, Local 501; • Supervisor Group; and • Professional Group Reconvene in regular session. Consideration of action, if any, on matters considered in closed session. 0312&14 OCSD Board of Directors Agenda Page 4 of 6 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. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Adjourn the Board meeting until the next Regular Board Meeting on April 23, 2014, at 6:30 p.m. 03/2&14 OCSD Board of Directors Agenda Page 5 of 6 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavala(aocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbera(Wocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli0cosd.com Director of Engineering Rob Thompson (714)593-7310 rthomosonadocsd.com Director of Facility Support Services Nick Amontes (714)593-7210 narhontes(clocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Itvneraocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireedRDocsd.com Director of Operations&Maintenance Ed Tortes 714 593-7080 etomes ocsd.com 03126A4 OCSD Board of Directors Agenda Page 6 of 6 BOARD OF DIRECTORS Meeting Dare T06A.Of Dir. 03/26/2014 AGENDA REPORT em Number Item Numbe z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Govemment Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENTS The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website (mi w.ocsd.coml with the complete agenda package and attachments: Copies of Claims Paid reports from 02/01/14—02/15/14 and 02/16/11 —02/28/14 Page 1 of 1 Return to Agenda Report Claims Paid From 211114 to 2115/14 Vendor Warrant No. Amount Description Amounts Payable Warrants 1000BULBS.COM 62662 81 Electrical/Electronic Equipment,Parts&Repairs AAOHN 62663 1,035.00 Professional Organizations Mesting/Training/Membership Absolute Standards,Inc. 62116 1,955.00 Laboratory Services&Supplies Achill Misouni Inc. 62777 153.50 Repair&Maintenance Services and/or Supplies AECOM Technical Services,Inc. 62664 14,207.21 Professional Services/Engineering Design Services Aerotek 62665 317.40 Pmfessional SarvicesRemporery$ervices Aerotek 62778 323.70 Professional Services/temporary Services Agilent Technologies,Inc. 62119 3,546.72 Laboratory Services&Supplies Ago IndustriesDBA So-Cal Sweeping 62901 980.00 Street Sweeping Services Air Liquids Industrial U.S.,LP 62666 21,566.60 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 62780 10,151.03 Laboratory Services&Supplies Airgas Safety,Inc. 1563 11,652.82 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 1577 159.28 Safety,Security,Health Equipment,Supplies,and Services Airgrie USA,LLC 1578 1,048.07 Laboratory Services&Supplies Allied Electronics,Inc. 62667 1,075.83 Electrical/Electronic Equipment,Parts&Repairs Allied Electronics,Inc. 62781 307.99 Electrical/Electronic Equipment,Parts&Repairs AON Risk Insurance Services West 62668 23,496.25 Insurance(Omer Controlled Insurance Program) AppleOne Employment Service 1564 1,268.40 Professional Services/Temponary Services Applied Industrial Technology 62669 100.14 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 62782 907.59 Repair&Maintenance Services and/or Supplies Argus-Hazco 62783 3,619.87 Repair&Maintenance Services and/or Supplies AT&T Mobility II,L.L.C. 62785 1,3%.15 Telecommunications AT&T Universal Biller 62784 2,836.60 Telecommunications Atkins Norm America 62786 10,391.0 Professional Services/Engineering Design Services Automation Displays,Inc. 62787 371.00 Audible Ala.Board AW Associates lips. 62788 150.00 Repair&Maintenance Services and/or Supplies Awards&Trophies Company 62670 116.00 Awards and Framing Services Awards&Trophies Company 62789 69.29 Awards and Framing Services Battery Specialties 62671 304.82 Battens,Various BC Wire Rope&Rigging 62790 37.81 Tools&Supplies Bioquip Products 62672 226.56 Laboratory Services&Supplies Brenntag PaciSc,Inc. 62791 7,774.89 Chemicals,Water(Wastevrater Treatment Brian J.Tafolla 62942 100.00 Meetingaraining Expense Reimbursement Brown&Caldwell 62792 8,081.94 Professional Services/Engineering Design Services Burlington Safety Laboratory of CA,Inc. 62793 953.00 Safety,Security,Health Equipment,Supplies,and Services California Dept.of Child Support 62673 2,455.35 Judgment,Payable California Recreation Company 1579 3,645.03 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Water Technologies 62794 14,624.18 Chemicals CAPPO,Inc. 62795 1,690.00 Professional Organizations MeetinglTralning/Membership CASA 62796 1,1W.00 Professional Oganizations Meeting/Training/Membership Cavanaugh Machine Works 62797 2,220.48 Repair&Maintenance Services and/or Supplies CCEEB 62674 10,000.00 Professional Organizations MeetingRraining/Membership(Demographics) CCG Systems,Inc. 62820 13,561 Computer Applications&Services Certified Laboratories 62798 456.07 Laboratory Services&Supplies Chad M.Martinez 62938 175.00 Meetinglrraining Expense Reimbursement Cheryl Schiefelbein 62769 425.50 Meebng/rraining Expense Reimbursement City Clerk's Association of California 62799 395.00 Professional Organimdons MeetinglTralning/Membership City of Huntington Beach 62838 14.96 Water Use City of Seal Beach 62892 241.71 Water Use Consolidated Electrical Distributors 62800 81 Electrical/Electronic Equipment,Paris&Repairs E HIBITA nmzrorlr Page 1 of 7 314a014 Return to Anshan Report Claims Paid From 211114 to 2115/14 Vendor Warrant No. Amount Description Consumers Pipe&Supply Co. 1565 1,389.25 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 1580 2,275.51 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 62801 219.96 Repair&Maintenance Services and/or Supplies Cooperative Personnel Services 62805 350.00 Human Resources Services Comer Bakery Cuts(CSC) 62675 421.05 Catering Services Corporate Image Maintenance,Inc. 62770 38,220.85 Janitor&Household Service&Supplies County OF Corange-Auditor-Controller 62771 151,426.79 Professional Service-Biosolids Management County of Orange-Health Care Agency 62676 1,854.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 62802 770.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 62803 705.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 62804 120.00 Governmental Agency Fees&Charges County Wholesale Electric Co. 62611 159.39 ElecVical/Electronic Equipment,Parts&Repairs Court Order 62708 2,179.38 Judgments Payable Court Order 62736 108.00 Judgments Payable Court Order 62763 912.50 Judgments Payable CS-AMSCO 62806 15,710.82 Repair&Maintenance Services and/or Supplies Culligan of Orange County 62807 59.55 Repair&Maintenance Services and/or Supplies Curiey Wholesale Electric 62678 532.20 Electrical/Electronic Equipment,Parts&Repairs Cudey Wholesale Electric 62808 629.81 Electrical Electronic Equipment,Parts&Repairs CWEA Membership 62679 1,330.00 Professional Organizations Mee0ng/fmining/Membership CWEA Membership 62809 1,875.00 Professional Organizations Meeting(Training/Membership David Gutoff 62810 225.00 Laboratory Semites&Supplies DDB Engineering,Inc. 62811 2,475.00 Professional Services-Advocacy Denise M.Martinez 62768 525.00 Meemngaraining Expense Reimbursement Desert Pumps&Parts,Inc. 62812 418.11 Repair&Maintenance Services and/or Supplies Dial A.Camillo 62764 4W.00 Meemngaraining Expense Reimbursement Diversified Landscape Co. 62813 213.75 Landscaping Consulting Services OLT Solutions,Inc. 62814 7,833.34 Computer Applications&Services Drake Controls-West,L.L.C. 62815 1,4H).92 Electrical Electronic Equipment,Paris&Repairs DS Waters 62653 72,099.82 Reconciliation User Fee Refund Program Dunn-Edwads Corporation 62816 489.72 Facilities,Maintenance,Services&Supplies Easy Vac 62817 682.94 Repair&Maintenance Services and Supplies Employee Benefits Specialists,Inc. 62654 823,91342 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 62681 11,075.37 Reimbursed Prepaid Employee Medical&Dependent Care EMSL Analytical,Inc. 62682 224.00 Safety,Security,Health Equipment,Supplies,and Services Erring Irrigation 62683 225.35 Irrigation Repair&Maintenance Services and/or Supplies Eying Irrigation 62818 1,01426 Irrigation Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. 62684 2,115.00 Repair&Maintenance Services and/or Supplies Facility Process Solutions Consulting 62819 3,712.20 Professional Seraws/BioNckling Filter Inspection Services Fedex Corporation 62685 548.02 Freight Services Fedex Corporation 62821 157.50 Freight Services Fisher S.1 mfic 62686 1,240.85 Laboratory Services&Supplies Fisher Scientific 62822 464.60 Laboratory Services&Supplies Flo Systems,Inc. 62823 51840 Repair&Maintenance Services and/or Supplies Franchise Tax Board 62687 100.00 Judgments Payable Franchise Tax Board 62688 317.00 Judgments Payable Frye Electronics 62824 21.58 Computers,Sofiware/Hardl Fuses Unlimited 62689 1,634.21 Miscellaneous Fuses Fuses Unlimited 62825 621.34 Miscellaneous Fuses Garratt Callahan Company 62826 5,366.80 Chemicals,Water/Wastewater Treatment Gierlich-Mitchell,Inc. 62690 4,660.81 Repair&Maintenance Services and/or Supplies EXHIBITA tool Page 2 of 314pe14 Return to Anshan Report Claims Paid From 211114 to 2115114 Vendor Warrant No. Amount Description Gladstone International,Inc. 62691 700.00 Professional Organizations Meet ngRralning/Membership Glandstein Neandross&Associates,LL.0 62827 790.00 Professional Organizations MeetingRraining/Meotership Glens Alignment&Brake Service 62828 76.00 Autos,Trucks&Marina Equipment,Parts,Accessories&Services Gold Coast Awards,Inc. 62829 27.26 Badges Golden West Machine,Inc. 62692 2,700.00 Repair&Maintenance Services and/or Supplies Golden West Window Service 62693 2,640.00 Facilities,Maintenance,Services&Supplies Government Finance Officers Association 62694 1,100.00 Professional Organizations Meeting/Training/Membership Govplace 62695 701.60 Computer Applications and Services Grainger,Inc. 62830 11,144.73 Repair&Maintenance Services and/or Supplies Graphic Products,Inc. 62831 2,212.08 Miscellaneous Supplies Graybar Electric Company 62696 11,219.P Electrical/Electronic Equipment, Pans&Repairs Graybar Electric Company 62832 1,008.59 Electrical/Electronic Equipment,Parts&Repairs Great Western Sanitary Supplies 62697 361.44 Janitar&Household Service&Supplies H.H.Fireman Architects,Inc. 62698 ],198.0] Construction Harrington Industrial Plastics,Inc. 62699 1,331.44 Repair&Maintenance Services and/or Supplies HER Engineering,Inc. 62833 11,642.22 Professional Services/Engine ing Design Services Hershey Technologies 62834 7,672.50 Professional Serviosolmormation Technology Heysed Packard Company 62700 17,363.79 Computers,Softeare/Hardvrare Highmark 62835 1,039.97 Safety,Security,Health Equipment,Supplies,and Services Hill Brothers 1566 17,585.76 Chemicals,WaterlWastewater Treatment Hill Brothers 1574 129,705.31 Chemicals,Water/Wastevlater Treatment Hong Ng.Jewelry 62836 1,387.88 Sevres-User Rebate Hub Auto Supply 62701 1,304.51 Autos,Trucks&Marina Equipment,Parts,Accessories&Services Hub Auto Supply 62837 431.81 Autos,Tracks&Marine Equipment,Parts,Accessories&Services HVAC Mechanalysis,Inc. 62839 2,95000 Professional Services-Mechanical Vibration Field Analysis at Maint St.Pump Sta. Hyatt Legal Plans 62702 3,458.00 Professional Services-Legal Hyatt Legal Plans 62840 1,748.00 Professional Services-Legal IDEXX Distibutan,Inc. 62703 7,516.80 Laboratory Services&Supplies Industrial Distribution Group 62704 1,679.62 Repair&Maintenance Services and/or Supplies Industrial Threaded Products,Inc. 1567 6,54].]0 Repair&Maintenance Services and/or Supplies drusurze,Inc. 62841 11,000.00 Software Maintenance Agreement Insight Public Sector,Inc. 62842 319.24 Computers,Softes re/Hardvrare International Institute of Municipal Cie 62843 858.00 Professional Organizations Meeting/Training/Membership INTERNATIONAL PAPER 62706 9,149.25 Annual Reconciliation Industrial Discharge Program Interstate Batteries of Cal Coast 62844 1,921.65 Repair&Maintenance Services and/or Supplies Intl.Union of Oper.Eng.AFL CIO Local 62706 4,649.30 Dues Deductions IT Vision,Inc. 62845 5,555.00 Professional Services/Reports Design Ocean Monitoring Program J R Filanc Construction 62660 279,802.08 Construction J.D.Property Management 62846 3,450.00 Construction Project Easement Agreement James D.Ruth 62943 900.00 Professional Services/Consultant Jays Catering 62847 1,123.91 Catering Services JK Electronics,Inc. 62848 221.47 Electrical Pads&Supplies John M.Floras 62766 130.00 Meebngrrraining Expense Reimbursement Johnstone Supply 62707 256.85 Repair&Maintenance Services and/or Supplies Johnstone Supply 62849 139.45 Repair&Maintenance Services and/or Supplies Jorge Maniacal 62939 190.00 Meet nglrraining Expense Reimbursement Keenan&Associates-Remit 62850 3,316.66 Professional ServicssANorkers Compensation Program Kemire Water Solutions 1575 47,492.93 Chemicals,Water/Wasteseter Treatment Ken A.Salomon, 62940 687.26 Meeting/rraining Expense Reimbursement L Johnson Painting 62709 1,790.00 Fadlities,Maintenance,Services&Supplies L.Johnson Painting 62852 1,915.00 Fadlities,Maintenance,Services&Supplies EXHIBITA IrOdiulr Page 3 of 314o014 Return to Agenda Report Claims Paid From 211114 to 2115/14 Vendor Warrant No. Amount Description IA Tasting 62853 253.00 Safety,Security,Health Equipment,Supplies,and Services LECO Corporation 62854 14,330.00 Laboratory Services&Supplies Lee&Re,Inc. 62855 783.43 Professional Services/Engineering Design Services Linda Losurdo 62937 129.30 Meeting/training Expense Reimbursement Lorman Education Services 62856 339.00 Professional Organizations MeefingRraining/Membership Machado Environmental Corp.DBA At Dud 62710 1,975.00 Repair&Maintenance Services and/or Supplies Machado Environmental Corp.DBA Air Duct 62860 3,800.00 Repair&Maintenance Services and/or Supplies Malcolm Firms,Inc. 62711 762.40 Professional Services/Engineering Design Services Mark A.Klbby 62851 125.00 MeefingRraining Expense Reimbursement Martin Investment Co. 62861 1,344.52 Sewsr User Refund Marvac Electronics 62712 90.59 ElecricallElectronic Equipment, Pans&Repairs Matheson Tri Gas,Inc. 62713 1,941.84 Labomtory Services&Supplies Matheson Tri Gas,Inc. 62862 328.32 Laboratory Services&Supplies Maxim Security Systems 62714 1,925.00 Safety,Security,Health Equipment,Supplies,and Services Maxim Security Systems 62863 5,291.03 Safety,Security,Health Equipment,Supplies,and Services Mesa International Technologies,Inc. 62864 1,316.44 Repair&Maintenance Services and/or Supplies Mile S.Kleinbergs 62767 114.00 MeefingRraining Expanse Reimbursement Mladen Buntich Constmdion Company 62661 449,242.00 Construction MTM Recognition Corporation 62865 1,031.52 Service Awartls Multi W Systems,Inc.-Remit 62866 5,457.78 Pump Supplies MWH Americas,Inc. 62655 33,399.34 Professional Services/Engineering Design Services NAB Northvrestem Aquatic Sciences 62867 1,075.00 Labomtory Services&Supplies Neal Supply Co. 62868 9,42775 Repair&Maintenance Services and/or Supplies Newark Electronics 62715 148.82 Electrical/Electronic Equipment,Parts&Repairs Nicholas J.Andreas 62936 1,22039 MeefingRraining Expanse Reimbursement Nicholas,Benjamin&Diane 62716 2,831.53 Sewsr User Rebate North Central Labs 62869 546.88 Laboratory Services&Supplies OCEA 62718 672.75 Dues Deductible Office Depot 62870 871.84 Office Supplies Office Team 62719 852.20 Professional ServicesRempdrary,Services Office Team 62871 1,8w.go Professional ServicesRemporary Services Olin Corporation 62720 6,883.91 Chemicals,WatedWastewater Treatment Olin Corporation 62872 9,00.15 Chemicals,WaterlWastewffier Treatment OneSource Distributors,Inc. 62873 1,238.T1 Electrical/Electronic Equipment,Parts&Repairs Oracle Corporation 62721 3,466.08 Computer Applications&Services Orange County Auto Parts 62722 73.67 Truck Supplies Orange County Sheriff 62723 1,399.78 Judgments Payable Orange County United Way 62724 40.00 Employee Contributions Orange County Vector Contol District 62725 160.86 Pest Control Orange County Water District 62726 21,820.76 GAP Water Pacific Investment Management 62172 161,3P.47 Professional Financial Services Pacific Mechanical Supply 1568 860.32 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 1581 212.47 Repair&Maintenance Services and/or Supplies Parker Supply Company 1569 161 Miscellaneous Parts and Supplies Parkhouse Tire, Inc. 62727 343.49 Autos,Trucks&Marina Equipment,Parts,Accessories&Services Pahlot Video Productions 62875 369.05 Miscellaneous Services Paul M.grassed 62941 723.81 MeetmgRraining Expanse Reimbursement PCS Express,Inc. 62876 157.88 Courier Services Peace Officers Council of CA 62728 2,035.50 Dues Deductions,Supervisors&Professionals founded,Inc. 62877 21,083.42 Chemicals Performance Pipeline Technologies 62173 29,436.86 Professional ServiceslCCTV Inspedion5awerline Cleaning n,v[torlr Page 4 of 7 314y014 Return to Agenda Report Claims Paid From 211114 to 2115/14 Vendor Warrant No. Amount Description Peter W.Cep 62765 588.97 Meetingaraining Expanse Reimbursement PL Hawn Company,Inc. 62729 59.75 Repair&Maintenance Services and/or Supplies Polydyne,Inc. 1582 24,751.25 Chemicals,Water/Wastewater Treatment Porl Industries,Inc. 62730 1,013.47 Laboratory Services&Supplies Port Supply 62878 414.59 Autos,Tracks&Marine Equipment,Parts,Accessories&Services Pourer Bros.Machine,Inc. 62731 2,610.88 Repair&Maintenance Services and/or Supplies Praxair Distribution,Inc. 62732 1,791.17 Laboratory Services&Supplies Project Management Insfitule 62879 164.00 Professional Organizations MeetingRmining/Membership Empipe Professional Pipe Services 1576 50,573.61 Professional Separai CCTV Seven ine Inspections Prudential Cleanroom Services 62733 375.60 Uniforms Prudential Cleanocm Services 62880 182.74 Uniforms Prudential Overall Supply 1570 3,067.84 Uniforms Pumping Solutions,Inc. 62734 1,390.T2 Repair&Maintenance Services and/or Supplies O Air-Calif.Div.Pump Engineering 62735 826.19 Repair&Maintenance Services and Supplies Radwell International Inc. 62881 390.00 Repair&Maintenance Services and/or Supplies Raymond Handling Solutions,Inc. 62882 64.00 Material Handling Tools&Equipment RBF Consulting 62737 4,535.72 Professional Services/Engineering Design Services Reliastar 62883 7,712.16 Voluntary Employee Life&Cancer Insurance Rexel Electrical&Datecom Supplies 62884 2,138.40 Electrical Electronic Equipment,Parts&Repairs RMC Water and Environment 62885 2,953.58 Professional Services RMS Engineering&Design.Inc. 62886 2,125.00 Engineering Services Roberto's Auto Trim Shop 62738 112.00 Autce,Trucks&Marine Equipment,Parts,Accessories&Services Roberto'.Auto Trim Shop 62887 110.00 Autos,Trucks&Marina Equipment,Parts,Accessories&Services Roger N.MacGregor Tr 62857 2,661.37 Sewer User Rebate Roger N.MacGregor Tr 62858 2,98963 Sewer User Rebate Roger N.MacGregor Tr 62859 459.60 Sewer User Rebate Royale Cleaners 62739 6,10 Miscellaneous Services Royale Cleaners 62888 12.20 Miscellaneous Services RPM Electric Motors 62888 6,250.00 Repair&Maintenance Services and/or Supplies RT Contractor Corp 62740 2,376.48 Plumbing Services&Supplies S.S.Mechnical Corporation 62175 77,095.35 Construction Safelite Fulfillment Inc 62741 244.41 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Safety Max 62890 485.43 Safety,Security,Health Equipment,Supplies,and Services Sancon Engineering,Inc. 62656 56,620.00 Repair&Maintenance Services and/or Supplies SARBS-CWEA 62891 520.00 Professional Organizations Meeting(Training/Membership Scale Datecom Llc 62657 77,810.20 Computers,Software/Hardware&Managed Services Secuntas Security Services USA,Inc. 62893 19,870.52 Safety,Security,Health Equipment,Supplies,and Services Sequoia Consultants,Inc. 62743 2,194.00 Professional Services/Engineering Design Services Sequoia Consultants,Inc. 62894 3,910.00 Professional Services/Engineering Design Services Shamrock Supply Co.,Inc. 62895 2,358.72 Repair&Maintenance Services and/or Supplies Shea Properties 62896 13,182.79 Sewer User Rebate Shureluck Sales&Engineering 627" 3,483.76 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 62897 231.17 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 62898 163.27 Repair&Maintenance Services and/or Supplies SIERRA TRANSPORT INC. 62898 13,124.74 Professional Service-Biosolids Management SkIIIPath Seminars 62900 299.00 Professional Organization&Meeting/Training Registration Smith Paint and Supply 62745 109.55 Painting Services and Supplies Soil&Plant Laboratory Inc 62902 354.00 Outside Laboratory Services Solar Turbines,Inc. 62903 1,424.00 Mechanical Parts&Supplies South Coast Environmental Co. 62742 8,868.68 Professional Services-Alr Quality Monitoring Southern California Edison 62904 2,181 Utilities EXHIBITA nmztmn Page 5 of 7 314o014 Return to Agenda Report Claims Paid From 211114 to 2115/14 Vendor Warrant No. Amount Description Spading Instruments,Inc. 62746 2,947.04 Instrument Parts&Supplies St.Jude Medical Center 62905 1,896.86 Seyer User Rebate Stantec Consulting Services,Inc. 62906 3,309.00 Professional Services/Surveying Staples 62907 488.04 Office Supplies Stevan Enterprises,Inc.-Remit 62747 626.40 Offme Supplies Summit Steel 1571 2,073.06 Repair Maintenance Services and/or Supplies Target Corporation 62908 2,623.68 Reconciliation User Fee Refund Program TCH Associates,Inc. 62909 3,834.45 Laboratory Services&Supplies TestAmerica Ontario 1572 2,940.00 Laboratory Services&Supplies TestAmerica Ontario 1583 321.00 Labomlory Services&Supplies Thatcher Company Of Califomia 62910 23,304.02 Chemicals,Water/Wastewater Treatment The Bank of New York Mellon 62911 1,701.25 Quarterly Service Fee-Asset Administration The Cal Group,Inc. 62912 5,130.61 Repair&Maintenance Services and/or Supplies The Clock Sales and Service Co.,Inc. 62749 127.00 Repair&Maintenance Services and/or Supplies The Orange County Register 62874 2,934.00 Notices&Ads The Pin Center 62748 1,284.50 both Anniversary Pins Theodore Robins Ford 62913 107.62 Autos,Trucks&Marina Equipment,Parts,Accessories&Services Thompson Industrial Supply,Inc. 1573 3,717.09 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 15M 672.63 Repair&Maintenance Services and/or Supplies Tian,Construction 62914 7,176.00 Facilites,Maintenance,Services&Supplies Toshiba Business Solutions USA Inc. 62750 1,966.85 Computers,Sofleverefriarderare&Managed Services Toshiba Business Solutions USA Inc. 62915 278.% Computers,Software/Hardware&Managed Services Trans U.S.Inc 62751 4,007.25 Repair&Maintenance Services and/or Supplies Transvrest Fob 62658 55,554.02 Vehicle Purchase Tropical Plaza Nursery,Inc. 62916 12,81C'.50 Landscape Maintenance Services Tule Ranch/Magan Fame 62774 269,190.08 Biosolids Management Try Telecom Holdings,Inc. 62917 9,228.18 Telecommunications UC Regents 62918 750.00 Training Registration United Parcel Service 62919 1,006.61 Freight Services United States Department Of The Treasury 62752 399.86 Judgments Payable Universal Flooring Systems,Inc. 62920 589.00 Facilities,Maintenance,Services&Supplies University Of California Irvine 62921 3,000.00 Fuel Cell Hydrogen Lease Vehicle Valve Automation&Controls 62753 4,52843 Repair&Maintenance Services and/or Supplies Valve Automation&Controls 62922 2,262.00 Repair&Maintenance Services and/or Supplies Verizrn California 62754 645.07 Telecommunications Verizon Wireless 62756 1,183.05 Telecommunications Verne's Plumbing 62756 1,928.35 Plumbing Services&Supplies Verne's Plumbing 62923 1,126.56 Plumbing Services&Supplies Villa Ford 62924 1,001.76 Autos,Tucks&Marine Equipment,Parts,Accessories&Services Village Nurseries 62925 33644 Repair&Maintenance Services and/or Supplies Visualconcepts Graphics&Printing 62926 979.00 Printing Service Voyager Fleet Systems,Inc. 62757 18,779.92 Autos,Trucks&Marine Equipment,Parts,Accessories&Services VWR Scientific Produces 62758 2,690.66 Laboratory Services&Supplies VWR Scientific Products 62927 843.18 Laboratory Services&Supplies Water Environment Federation 62759 640.00 Meeting Registration Water Environment Federation 62760 700.00 Professional Organizations Meeting/rrelning/Memberift Water Environment Federation 62928 202.00 Professional Organizations MeetingRraining/Membership Watt Companies 62929 22,059.21 Reconciliation User Fee Refund Program Wayne Perry Inc 62930 1,900.00 Laboratory Services&Supplies Weldsale Company 62931 8,515.63 Repair&Maintenance Services and/or Supplies West Coast Arbonsts,Inc. 62932 4,950.00 Landscape Maintenance Services nmzlalr Page 6 of 31LID4 Return to Aaentla Rom Claims Paid From 211114 to 2115/14 Vendor Warrant No. Amount Description White Star Pools 62933 310.00 Repair&Maintenance Services and/or Supplies Wilpat,Inc. 62761 4,100.00 Meetngrfraining Registration Winter Corporation 62934 531.36 Repair&Maintenance Services and/or Supplies Woodruff Spradlin&Strait 62659 65,923.73 Professional Services-Legal Workforce Software,Inc. 62935 3,640.00 Computer Applications and Services Xerox Corporation 1585 129.43 Computers,Software/Hardware&Managed Services Xylem Water Solutions 62762 1,715.58 Repair&Maintenance Services and/or Supplies Total Accounts Payable-Warrants $ 3.773.529.99 Payroll Disbursements Employee Paychecks 52724 - 52768 $ 79,801.10 Biweekly Payroll(2/5114) Direct Deposit Statements 349713-350295 1,3M,473.59 Biweekly Payroll(2I5114) Total Payroll Disbursements $ 1,474,274.69 Wire Transfer Payments OCSD Payroll Taxes&Contributors $ 785,957.61 Biweekly Payroll(2l5(14) Union Bank of California 4,649.78 Workers'Compensation Services(2111114) Total Wire Transfer Payments $ 790,807.39 Total Claims Paid 2/01114.2115114 $ 6,038,612.07 EXHIBITA nnreronr Page 7 of 7 314oO14 Return to Abaci Report Claims Paid From 2/16/14 to 2/28114 Vendor Warrant No. Amount Description Amounts Payable Warrants 1000BULBS.COM 63063 72.36 Electrical/Electronic Equipment,Parts&Repairs 29SCENTS,LLC 63064 1.285.20 Custom Air Frashnars AccuStandard 63065 3,495.25 Laboratory Services&Supplies A-Check America,Inc. 1597 801.00 Human Resources Services AECOM Technical Services,Inc. 62957 8,288.44 Professional Services/Engineering Design Services AECOM Technical Services.Inc. 63046 100,019,78 Professional Sernices/Engineering Design Services Aero Compressor,Inc. 63066 337.58 Mechanical Paris&Supplies Aerotek 62958 285.00 Professional Services/Temporary Services Agilent Technologies,Inc. 63067 1,042.98 Laboratory Services&Supplies Air Liquids America Specialty Gases LLC 62959 54.90 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 63068 13,900.35 Laboratory Services&Supplies Airgae Safely,Inc. 15M 128.30 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 16H 4,904.62 Safety,Security,Health Equipment,Supplies,and Services Airgas USA,LLC 1587 215.70 Laboratory Services&Supplies Airgas USA,LLC 1599 981.60 Laboratory Services&Supplies Alan's Lawn&Garden Center,Inc. 62960 836.37 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 63069 1,761.65 Repair&Maintenance Services and/or Supplies American Chemical Society 63071 169.00 Professional Oganizations Meeting/Tmining/Membership American Commercial Equities 63072 1,063.62 Seller Fee Rebate American Concrete Institute 62961 226.00 Books and Publications American Integrated Services,Inc. 63047 30,046.40 Grit&Screenings Disposal AMERICAN SOC.OF SAFETY ENG. 63073 180.00 Publication Amtech Elevator Services 63074 500.00 Miscellaneous Services APEX CONTROLS 63075 617.30 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 62962 49.80 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 63076 494.20 Repair&Maintenance Services and/or Supplies Argus-Hazco 63078 874.19 Repair&Maintenance Services and/or Supplies ARK Technologies 63079 13,328.00 Programming Services AT&T Long Distance. 63080 27.37 Telecommunications AT&T Mobility Il,L.L.C. 63081 199.97 Telecommunications AT&T Universal Biller 63228 270.76 Telecommunications AT&T Teleconference Services 63082 148.14 Telecommunications ATM AA,Inc. 63083 560.00 Lab Services Awards&Trophies Company 63084 50.05 Awards and Framing Services AWSI 63085 67.00 Professional Services-DOT Program Administration Ayala Engineering 62963 19,853.75 Repair&Maintenance Services and/or Supplies Balachandra P.Rao 63043 566.00 MeetingRraining Expense Reimbursement Barragan Corp.International 63086 11,805.00 Professional Organizations Meeting/Tmining/Membership Battery Specia8les 63087 733.27 Batteries,Various Baflery Systems,Inc. 63088 485.01 Repair&Maintenance Services and/or Supplies BC Wire Rope&Rigging 63089 1,421.34 Tools&Supplies Beach Wire and Cable 62964 7.32 Telecommunications Beach Wire and Cable 63090 429.28 Telecommunications Black&Veatch Corporation 63091 24,735.08 Professional Services/Engineering Design Services Brea 9 Owner LLC 63092 2,500.00 Miscellaneous Services Biannual Pal Inc. 63093 11,902.53 Chemicals,Water/Wastewater Treatment Broodarst Assets,LLC 62945 45,689.24 Sewer Fee Rebate Brown&Caldwell 62946 39,831.42 Professional Samices/Engineering Design Services BRW Safety and Supply,Inc. 63094 91.02 Safety,Security,Health Equipment,Supplies,and Services Buchi Corporation 62966 4,560.19 Repair&Maintenance Services and/or Supplies EXHIBIT B mvzlalr Page 1 of 7 314 014 Return to Anemia Report Claims Paid From 2116/14 to 2/28114 Vendor Warrant No. Amount Description Bureau Veritas North America,Inc. 1600 6,270.50 Industrial Hygiene Services Burlington Safety Laboratory of CA,Inc. 62967 647.28 Safety,Security,Health Equipment,Supplies,and Services C.A.Short Company 63095 162.00 Safety,Security,Health Equipment,Supplies,and Services California Dept.of Child Support 62968 2,455.35 Judgments Payable California Recreation Company 63096 3,631.09 Boat Slip Rental-Nedsse Ocean Monitoring Vessel California Relocation Services,Inc. 62969 270.00 Miscellaneous Services-Moving/Relocation California Relocation Services,Inc. 63097 517.50 Miscellaneous Services-MovinglRelocation Caltrol,Inc. 63098 1,227.96 Electrical/Electronic Equipment,Parts&Repairs Carrell Corp. 63099 1,451.16 Repair&Maintenance Services and/or Supplies Cambridge Isotope Labs 63100 397.91 Laboratory Services&Supplies Carbon Activated Corporation 63101 19,900.00 Repair&Maintenance Services and/or Supplies Carl Warren&Co. 62970 300.00 Professional Services-Workers'Compensation Carollo Engineers 62947 82,638.95 Professional ServiceslEngineering Design Services Candle Engineers 62971 697.47 Professional Services Carollo Engineers 63049 49,921.22 Professional ServiceslEngineering Design Services Cemtek Environmental,Inc. 63102 4,291.67 CEMS Maintenance Agreement Charles King Company,Inc. 63050 321,149.87 Construction Chris A.Cervellone 63222 460.00 MeetingRmining Expense Reimbursement City of Fullerton 63103 124.84 Water Use City of Newport Beach 63164 1,064.41 Water Use Clean Harbors Environmental Services 63051 41,416.03 Grit&Screenings;Hand!Waste Disposal Columbia Analytical Services 63070 1,460.00 Laboratory Services&Supplies Consolidated Electrical Distributors 63104 1,475.19 Electrical(Electronic Equipment,Parts&Repairs Constructive Community Relations 62972 22,209.95 Construction Outreach Consumers Pipe&Supply Go. 1601 3,133.17 Repair&Maintenance Services and/or Supplies Control Concepts Corp 631M 248.44 Electrical Parts&Supplies Control Factors Seattle,Inc. 63105 1,114.92 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 63106 316.30 Repair&Maintenance Services and/or Supplies Cooperative Personnel Services 63112 814.80 Human Resources Services Comer Bakery Cafe CBC) 63108 294.22 Catering Services Cornerstone Ondemand,Inc. 62968 34,100.00 Professional Serviceal.T. CORRPRO Companies,Inc. 62949 36,641.60 Professional Servicesrtemporary Services Conech Engineering 63109 2,969.52 Repair&Maintenance Services and/or Supplies County of Orange Auditor Controller 62973 176.00 Governmental Agency Fees&Charges County of Orange Auditor Contmller 62974 525.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 63110 122.60 Governmental Agency Fees&Charges County of Orange Auditor Contmller 63111 570.00 Governmental Agency Fees&Charges Court Order 62993 2,179.38 Judgments Payable Court Order 63016 108.00 Judgments Payable Court Order 63041 912.50 Judgments Payable CR&R,Inc. 63113 2,064.54 Waste Disposal CS-AMSCO 63114 4,047.92 Repair&Maintenance Services and/or Supplies CSI Services,Inc. 63115 1,140.00 Professional Services CWEA Membership 62975 815.00 Professional Organizations Meeting/Taining/Membership Danny Tang 63227 256.00 MestingRraining Expense Reimbursement Dan's Machine Tool,Inc. 63116 570.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services DEMARIA ELECTRIC MOTOR SERVICES,INC. 63117 3,831.20 Electrical/Electronic Equipment,Paris&Repairs Detection Instruments Corporation 63118 960.41 Electrical/Electronic Equipment,Parts&Repoli Dudek&Associates,Inc. 63119 5,324.48 Professional Services/Engineering Design Services Dunn-Edwards Corporation 62976 354.65 Facilities,Maintenance,Services&Supplies Dunn-Edwards Corporation 63120 318.60 Facilities,Maintenance,Services&Supplies EXHIBIT B nmztom Page 2ofT 314 014 Return to Anemia Report Claims Paid From 2116/14 to 2/28114 Vendor Warrant No. Amount Description Employee Benefits Specialists,Inc. 62977 11,075.37 Reimbursed Prepaid Employee Medical&Dependant Cara Employment Development Dept. 62978 10,093.00 Unemployment Insurance Environmental&Occupational Risk Mgmt. 62979 4.695.00 Safety,Security,Health Equipment,Supplies,and Services Environmental Engineering&Contacting 62980 9,237.50 Professional Services/Specialty Course Audits Environmental Engineering&Contacting 63121 4,802.50 Professional Services/Specialty Comes Audits Environmental Resource Associates 63122 987,46 Laboratory Services&Supplies EPIC LAND SOLUTIONS,INC. 63123 10,599,48 Professional Services-Easmement&Tire Search Ernest S.Ruckman 63044 715.87 MeetingRmining Expense Reimbursement Ev4ng lrrigatron 63124 655.48 Irrigation Repair&Maintenance Services and/or Supplies Excel Door&Gate Co.,Inc. 62981 780.00 Repair&Maintenance Services and/or Supplies Pal Miranda 63226 210.84 MestingRmining Expense Reimbursement First American Corelogic 63107 5,703.44 Software Maintenance Agreement Fountain Valley AAA Aulo Spa 63125 1,186.09 Autos,Trucks&Marine Equipment,Paris,Accessories&Services Franchise Tax Board 62982 100.00 Judgments Payable Franklin Covey 63126 34.52 Office Supplies Fresno First Bank-Acct 100013315 62953 83,830.15 Construction,Retention Frys Electronics 63127 114.05 Computers,Software/Hameene Gierlich-Mitchell,Inc. 62983 1,146.61 Repair&Maintenance Services and/or Supplies Golden West Window Service 629M 1,920.00 Facilities,Maintenance,Services&Supplies Golden West Window Service 63128 300.00 Facilities,Maintenance,Services&Supplies GOVERNMENT SOLUTIONS TEAM.LLC 63129 478.00 MeetingRraining Registration Grainger,Inc. 62985 3,943.05 Repair&Maintenance Services and/or Supplies Grainger,Inc. 63130 5,911.27 Repair&Maintenance Services and/or Supplies Graybar Electric Company 62986 568.91 Electrical/Electronic Equipment,Parts&Repairs Guarantee Records Management 63131 1,371.22 Professional Services-Document Storage&Shredding Harold T.Gerber 63042 500.00 MeetingRmining Expense Reimbursement Harrington Industrial Plastics,Inc. 62987 521.82 Repair&Maintenance Services and/or Supplies HEE ENVIRONMENTAL ENGINEERING,LLC 63062 43,349.20 Fan Motor Repair&Maintenance Services and/or Supplies Hershey Technologies 63132 5,735.00 Professional Services/Information Technology Hill Brothers 16H 2,378.38 Chemicals,WatedWastewater Treatment Hill Brothers 15N 161,502.85 Chemicals,WatedWastewater Treatment Home Depot 63133 891.77 Miscellaneous Pads and Supplies Hub Auto Supply 62988 54.27 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Immix Technology,Inc. 63063 76,016.00 Professional Organisations Meeting/Training/Membership Industrial Distribution Group 62989 79.14 Repair&Maintenance Services and/or Supplies Industrial Distribution Group 6313E 174.18 Repair&Maintenance Services and/or Supplies Industrial Fitter Manufacturers,Inc. 62990 1,245.93 Repair&Maintenance Services and/or Supplies Industrial Threaded Products,Inc. 1689 34.28 Repair&Maintenance Services and/or Supplies Industrial Threaded Products,Inc. 1602 1,472.62 Repair&Maintenance Services and/or Supplies Infrastructure Engineering Corp. 63136 1,835.45 Professional Services Inside Instrument Group,Inc. 63137 3,673.00 Electrical/Electronic Equipment,Parts&Repairs Integrated Process Technologies,Inc. 63138 10,787.52 Repair&Maintenance Services and/or Supplies Intl.Union of Oper.Eng.AFL CIO Local 62991 4,671.71 Dues Deductions Invensys Systems,Inc. 1603 537.89 Electrical/Electronic Equipment,Parts&Repairs Irvine Ranch Water District 63139 82.75 Water Use Isle Inc. 63140 20,000.00 Professional Organizations Meeting/Training/Membership Jays Catering 63141 733.05 Catering Services John M.Flores 63224 637.20 Meeting/ miring Expense Reimbursement Johnstone Supply 62992 2,818.66 Repair&Maintenance Services and/or Supplies Johnstone Supply 63142 288.12 Repair&Maintenance Services and/or Supplies JP Morgan Chase Bank,NA 62950 88,414.34 Purchasing Cam Program for Miscellaneous Paris and Supplies EXHIBIT B nr✓zlnm Page 3 of 31I 014 Return to Anshan Report Claims Paid From 2116/14 to 2/23114 Vendor Warrant No. Amount Description Kaveh Engineering&Construction 63054 60,340.20 Repair and Maintenance Services&Supplies Kerins Water Solutions 1595 59,684.37 Chemicals,WatenWastevater Treatment Kroll Cyber Security,Inc. 63143 1,155.60 Human Resource Services La Habm Self Storage Partners 63144 557.29 Sewer Fee Rebate Lems-Nexis 63145 84.00 Books&Publ'matians On-Line Liberty Mutual Claims 63146 1,519,85 Insurance LIBERTY PIPELINE SERVICES,LLC 63147 23,250,00 Professional Services-DOT Program Training Liebed Cassidy 62994 3,095.00 Professional Services/Employee Relations Lindsay Engineering Services 63148 162.16 Professional Services Lionakis 63149 875.40 Professional ServicestArchitectuml and Landscaping Consulting Services Lorman Education Services 63150 330.38 Professional Organizations MeetinglTmining/Membership Lotus Consulting 63151 11,640.00 Gas Chummatogmph Service Agreement Magnus Pacific Corporation 63055 378,812.50 Construction Mail Dispatch,LLC 63152 314.70 Mail Delivery Service Main Electric Supply Co. 62995 350.72 ElectricallElecbonic Equipment,Parts&Repairs Malcolm Pirnie Inc. 63M 32,865.56 Construction Malcolm Pirnie,Inc. 62996 5,099.00 Professional Services/Engineering Design Services Malcolm Pirnie,Inc. 63153 846.70 Professional ServicearEngineering Design Services Matheson TO Gas,Inc. 63154 1,012.82 Laboratory Services&Supplies Maxim Security Systems 63155 10,502.60 Safety,Security,Health Equipment,Supplies,and Services McMaster-Cart Supply Go. 62997 594.28 Repair&Maintenance Services and/or Supplies McMaster-Cart Supply Go. 63156 7,265.35 Repair&Maintenance Services and/or Supplies McNeill International Inc. 63157 4,050.35 Electrical/Electronic Equipment,Paris&Papers MCR Technologies,Inc. 63158 4,819.26 Repair&Maintenance Services and/or Supplies Merrill F.Seiler 63M 205.00 MeetingRraining Expense Reimbursement Mine Safety Appliance 16M 11,854.89 Electrical/Electronic Equipment,Parts&Repairs Mission Abrasive&Janitorial Supplies 62998 1,390.75 Janitorial&Household Services&Supplies Mono.Meadows Corp. 62954 76,240.00 Construction MTM Recognition Corporation 62999 1,004.31 Service Am. MTM Recognition Corporation 63169 46,137 Service Awards Multi W Systems,Inc.-Remit 63160 2,722.27 Pump Supplies MWH Americas,Inc. 63066 65,258.52 Professional ServiconfEngineering Design Services Need 63161 200.00 Professional Organizations MeetinglTmining/Membership Neal Supply Go. 63000 669.60 Repair&Maintenance Services and/or Supplies Neopost USA Inc. 63162 63.54 Equipment LeaselPostage Meter NetwarkFleet,Inc. 63163 3,724.14 Software Maintenance Agreement Nomal Controls Incorporated 63001 1,194.10 Repair&Maintenance Services and/or Supplies Northern Tool&Equipment 62965 65.47 Electrical Pads&Supplies NBC Engine Services,L.L.C. 63002 9,413.85 Repair&Maintenance Services and/or Supplies OCB Reprographics 63077 13,846.93 PrintinglReprogrephlcs Services OCFA 63003 663.00 Dues Deductible Office Depot 63004 1,518.23 Office Supplies Office Depot 63165 641.17 Office Supplies Office Team 63166 901.02 Professional Servlcesrtemporary Services Olin Corporation 63167 14,OO7.26 Chemicals,WaterNJaste.ater Treatment OneSource Distributors,Inc. 63168 8,986.88 Electrical/Electronic Equipment,Parts&Rep ilm ONR/MTS Buoy Workshop 63169 690.00 Professional Organizations MeetinglTraining/Membership Oracle America Inc. 63170 21,713.40 Software Maintenance Agreement Orange County Auto Parts 63005 623.18 Truck Supplies Orange County Sandman District 63229 1,502.68 Petty Cash Expense Orange County Sheriff 63006 1,421.00 Judgments Payable EXHIBIT B fl adsllr Page 4 of 31412014 Return to Agenda Report Claims Paid From 2116/14 to 2/23114 Vendor Warrant No. Amount Description Orange County Superintendent of Schools 62951 34,246A6 Sayer User Rebate Orange County United Way 63007 40.00 Employee Contributions Pacific Mechanical Supply 1605 2.767.87 Repair&Maintenance Services and/or Supplies Pacific Parts and Controls,Inc. 63171 2,904.72 Repair&Maintenance Services and/or Supplies Parker Supply Company 16M 3,916.39 Miscellaneous Pads and Supplies PBS&J 62944 70,231.04 Professional Services/Engineering Design Services Peace Officers Council of CA 63008 2,024.00 Dues Deductions,Supervisors&Professionals Pencco,Inc. 63057 32,111.77 Chemicals Performance Pipeline Technologies 63009 11,550,00 Professional Servides/CCTV Inspection/Seyed'me Cleaning PI-Hawn Company, Inc. 63172 42,90 Repair&Maintenance Services and/or Supplies PLUG IT PRODUCTS CORP 63173 3,991,65 Repair&Maintenance Services and/or Supplies PMI Industries,Inc. 63174 1,059.44 Electrical Parts&Supplies Polydyne,Inc. 15% 65,663.89 Chemicals,Water/Wastewater Treatment Parton Industries,Inc. 63010 733.69 Laboratory Services&Supplies Ponton Industries,Inc. 63175 580.84 Laboratory Services&Supplies Pourer Bros.Machine,Inc. 63011 1,170.20 Repair&Maintenance Services and/or Supplies Primrose Ice Co.,Inc. 63176 550.00 Water&Ice Services Precede Work Injury Center 63177 880.00 Medical Services Projects Partners 63012 18,422.79 Professional Services/Temporary Employment Services Projects Partners 63178 10,192.00 Professional Services/Temporary Employment Services Pmpipe Professional Pipe Services 1593 3,181.40 Professional Servicee/CCTV Seyedine Inspections Prudemal Cleanroom Services 63013 182.74 Uniforms Psomas 63014 6,125.44 Professional Services-Geographic Informal System Public Resources Advisory Group 63179 245.78 Professional Services/Engineenng Design Services Pump Action 63180 g,T44.62 Oil Filters Pure An Filtration,LLC 63058 109,368.00 Repair&Maintenance Services and/or Supplies Pyramid Fence Company,Inc. 63015 2,200.00 Facilities,Maintenance,Services&Supplies Rainbow Disposal Co. 63181 3,499.00 Waste Disposal Randstad Technologies,L.P. 63017 8,000.00 Computer Applications&Services Randstad Technologies,L.P. 63182 1,600.00 Computer Applications&Services Raul Cuellar 63223 174.00 Mestingffouning Expense Reimbursement Red Wing Shoes 63183 411.26 Safety,Security,Health Equipment,Supplies,and Services RMC Water and Environment 63018 15,877.77 Professional Services RMC Water and Environment 63184 2,721.68 Professional Services RIMS Engineering&Design.Inc. 63019 6,187.50 Professional Services/Engineering Design Services Roberto's Auto Trim Shop 63020 596.40 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Robedo's Auto Trim Shop 63185 418.60 Autos.Trucks&Marine Equipment,Pads.Accessories&Services Rosemount Analytical Inc.-Remit 63186 3,213.78 Electrical/Electronic Equipment,Pan&Repairs Royale Cleaners 63021 6.10 Miscellaneous Services Royale Cleaners 63187 29.40 Miscellaneous Services RPM EIecMC Motors 63188 2,159.46 Repair&Maintenance Services and/or Supplies RT Contractor Corp 63189 5,252.79 Plumbing Services&Supplies SARBS-CWFA 63022 130.00 Professional Organizations Meeting/Training/Membership Scaffolding Unlimited 63190 2,995.00 Scaffolding Rental Schvnng Bioset 1590 2,323.64 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 63023 706.01 Repair&Maintenance Services and/or Supplies Shueluck Sales&Engineering 63191 450.00 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 1607 1,445.82 Repair&Maintenance Services and/or Supplies SIERRA TRANSPORT INC. 63192 4,559.22 Professional Service-Biosolids Management So.Cal Gas Company 63024 21,395]9 Ul So.Cal Gas Company 63193 15,215.50 UBIiBes EXHIBIT B nNPIDnr Page 5 of 7 3142014 Return to Aaenda Report Claims Paid From 2116/14 to 2/23114 Vendor Warrant No. Amount Description Southern California Edison 63059 262,258A4 Utilities Southern Counties Lubricants 63025 4,691.38 Fuel and Lubricants Spaiklett-Dallas 631M 1.336.12 Miscellaneous Services SPEX Ceniprep,Inc. 63026 177.09 Laboratory Services&Supplies Staples 63027 4,181.59 Office Supplies Staples 63195 91.44 Office Supplies Summit Steal 1591 241.92 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 63028 2,127.60 Repair&Maintenance Services and/or Supplies Synagro West Inc. 63060 767,840.02 Biosolids Management TDI 63196 13,826.00 Professional Services/information Technology Tesbi m mica Ontario 1608 7,533.00 Laboratory Services&Supplies Tetra Tech,Inc. 63197 1,297.10 Professional Services/Engineering Design ServicesS Thatcher Company Of California 63061 32,967,92 Chemicals,WaterMastewatar Treatment The Walking Man,Inc. 63198 1,225,00 Miscellaneous Services Theodore Robins Ford 63029 39,21 Autos.Trucks&Marine Equipment,Parts.Accessories&Services Theodore Robins Ford 63199 627.11 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Thompson Industrial Supply,Inc. 1592 5,820.85 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 1609 749.98 Repair&Maintenance Services and/or Supplies Tony s Lock&Safe Service&Sales 63200 322.12 Repair&Maintenance Services and/or Supplies Tovmsend Public Affairs 63030 7,500.00 Professional Services-State Legislative Advocacy TRAFFIC MANAGEMENT 63031 422.71 Traffic Signage Tropical Plaza Nursery,Inc. 63201 933.40 Landscape Maintenance Services Truck&Auto Supply,Inc. 63202 1,130.25 Autos,Trucks&Marne Equipment,Parts.Accessories&Services U Line 63203 230.15 Miscellaneous Pads and Supplies U S Bank 63032 1,500.00 Annual COP Administrative Fee Ultra Scientific 63204 533.45 Laboratory Services&Supplies Union Bank of California 63205 1,088.69 Banking Services United Parcel Service 63033 463.32 Freight Services United Parcel Service 63206 418.72 Freight Services United States Department Of The Treasury 630M 399.86 Judgments Payable Univar USA 63207 793.81 Miscellaneous Supplies Univar USA Inc 1612 2,994.15 Chemicals,WatehWastoeater Treatment US Aircenditioning Distributors,Inc. 63208 762.49 Electrical Pans&Supplies V&A Consulting Engineers 63035 11,565.00 Professional Services VACO ORANGE COUNTY,LLC 63036 2,249.50 Professional Servicea/Temporary Services Vain Corporation 1610 927.78 Repair&Maintenance Services and/or Supplies Valve Automation&Controls 63209 5,425.06 Repair&Maintenance Services and/or Supplies Verbal Ink 63210 16]]5 Human Resources Services Verne's Plumbing 63037 140.00 Plumbing Services&Supplies Verne's Plumbing 63211 3,094.56 Plumbing Services&Supplies Vision Internet Providers,Inc 63038 350.00 Professional Services Web Design Services Vortex Corp. 1611 3,788.26 Repair&Maintenance Services and/or Supplies VWR Scientific Products 63212 13,931.46 Laboratory Services&Supplies Water Environment Federation 63039 498.00 Professional Organizations Meeting/Tralning/Membership Water Environment Federation 63213 202.00 Professional Organizations Meeting/Training/Membership Wammuse Foundation 63062 25,000.00 Professional Organization Waxis Sanitary Supply 63214 1,018.17 Janitor&Household Service&Supplies Wayne Perry Inc 63215 1,900.00 Laboratory Services&Supplies WCR Incorporated 62952 33,416.40 Miscellaneous Services Weck Labomtodes,Inc. 63216 696.00 Laboratory Services&Supplies West Coast Arboreta,Inc. 63040 4,500.00 Landscape Maintenance Services EXHIBIT B nmzlair Page 6 of 7 3up014 Return to Agentla Report Claims Paid From 2116/14 to 2/23114 Vendor Warrant No. Amount Description West Coast Arborsts,Inc. 63217 9,450.00 Landscape Maintenance Services West Lite Supply Company,Inc. 63218 881]1 Electrical/Electronic Equipment,Pan&Repairs Western Health Services 63219 2.943.90 On-Site Respiratory Physicals William L.Gilbert 63225 680.83 MmtingRmining Expense Reimbursement Yale/Chase Materials Handling,Inc. 63220 3,812.03 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs Yorba Linda Water District 63221 51.60 utilities Total Accounts Payable-Warrants $ 4.203.686.46 Payroll Disbursements Employee Paychecks 52769 - 52806 $ 83,855.06 Biweekly Payroll(2/19/14) Employee Paychecks 52807 - 52809 617.05 Interim Payroll-OCERS Atli&Standby pay(2/18/14) Employee Paychecks 52810 2,363.92 Interim Payroll-Michael Boom-Retired(2/19/14) Employee Paychecks 52811 2,782.72 Interim Payroll-Michael Some-Retired(2/19/14) Employee Paychecks 52812 - 52834 3,886.75 Interim Payroll-AREA(2/24/14) Employee Paychecks 52835 989.65 Interim Payroll-Re-issue Vellum,Hai-Than(=5(14) Employee Paychecks '52874 418.20 Interim Payroll-Tony Caudill-Retired(2127114) Direct Deposit Statements 350296 -350864 1,399,169.28 Biweekly Payroll(2/19/14) Direct Deposit Statements "351036 -351049 32,266.00 Interim Payroll-ARBA(24/14) Total Payroll Disbursements $ 1,526,348.53 'Chexk oombom rmmssers w be used in wwre psrad "Sat<mrm numbes 35pees-3s1n3s m be used in mwre Imlod Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 791,181.71 Biweekly Payroll(2/19/14) W.M Lyles 1,592,772.85 Construction P2-89/PP14(2/21/14) W.M Lyles 153,187.50 Construction Pl-112&P2-101/PP1(2121114) Total Wire Transfer Payments $ 2.537,142.06 Total Claims Paid 211 6/14-211 811 4 $ 8,267,177.05 EXHIBIT B "lln" Page 7 of 7 314Q014 ITEM NO. 3 Orange County Sanitation District MINUTES BOARD MEETING February 26, 2014 1 SANITgTj�y Q ? ¢ e� o � Fcl�N HE Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 0 212 612 01 4 Minutes of Board Meeting Page 1 of 13 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on February 26, 2014, at 6:30 p.m., in the Administration Building. Alternate Director Constance Underhill delivered the invocation and led the Pledge of Allegiance. 1. MOVED, SECONDED, AND DULY CARRIED: Receive and file Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board as follows: City/Again cv Active Director Alternate Director Buena Park Fred Smith Steve Berry Villa Park Brad Reese Greg Mills Costa Mesa Sanitary District James Ferryman Bob Ooten AYES: Brandman (Alternate); Beamish; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Seboum; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: Benavides The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Troy Edgar, Chair Richard Murphy X Tom Beamish, Vice Chair Rose Espinoza X David Benavides Sal Tinajero X Joe Carchio Dave Sullivan X Steven Choi Christina Shea X Keith Curry Rush Hill X Tyler Diep Al Krippner X James M. Ferryman Bob Ooten X Gene Hernandez John Anderson X Steven Jones Kris Beard X Peter Kim Gerard Goedhart Lucille Kring X Jordan Brandman X Michael Levitt Gordon Shanks X Brett Murdock Roy Moore X Steve Nagel Michael Vo X Prakash Narain Doug Bailey 02t2W2014 Minutes of Board Meeting Page 2 of 13 Scott Nelson X Constance Underhill X Janet Nguyen Shawn Nelson X John Nielsen Allan Bernstein X Brad Reese Greg Mills X Gregory Sebourn Jan Flory X David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy John Withers X Douglas Reinhart STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Nick Kanetis, Director of Engineering, Nick Arhontes, Director of Facilities Support Services; Lorenzo Tyner, Director of Finance & Administrative Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board; Janine Aguilar; Cindi Ambrose; Jennifer Cabral; Ann Crafton; Dean Fisher; Norbert Gala; Kelly Lore; Andrew Nau; Rich Spencer; Rob Thompson; and Paula Zeller. OTHERS PRESENT: Brad Hogin, General Counsel; Jim Ruth, Consultant; Joe Shaw, City of Huntington Beach Council Member; and Doug Davert, Director from East Orange County Water District. PUBLIC COMMENTS: Doug Davert submitted a request to speak card and chose to speak on Agenda Item No. 14 at the time it would be considered during the meeting. REPORTS: Chair Edgar presented former Board Director, Joe Shaw, from the City of Huntington Beach, with a Certificate of Appreciation from the Sanitation District. (Director Benavides arrived at the meeting at 6:39 p.m.) Chair Edgar reported on his trip to Washington DC, where he attended the CASA Conference as well as attending various meetings with the District's delegation to discuss ongoing project actions surrounding the SARI Line realignment, removal of rip rap, and other issues of concern to the wastewater industry, and the Sanitation District in particular. Chair Edgar invited the Board members to attend the Sanitation District's Floor Recognition ceremony on March 20", should they already happen to be in Sacramento on that date. The recognition is for the District's 601" Anniversary. Chair Edgar also stated that he, Vice-Chair Beamish and Mr. Herberg will be flying to Sacramento on March 19" so as to meet with other key officials on various matters affecting the District. 02/26/2014 Minutes of Board Meeting Page 3 of 13 Mr. Herberg, General Manager, reported on the following from his General Manager's Monthly Update Report: • Various events attended by the District during the month of February as part of the community outreach program; • Huntington Beach Community Meeting; • Nick Kanetis, Director of Engineering, will be leaving the District on March 7t" • Todd Haynes, Engineering Manager, will be retiring during the month of March; • Demise of employee Peter McGrath, Operations Supervisor. Mr. Herberg asked that tonight's meeting be adjourned in his memory; • Two committees were agreed to from the SAWPA Settlement agreement. One being the Joint Operations Committee and the other being the Joint Policy Committee. These meetings are scheduled to take place in the near future; • Attending the SAWPA Commission meeting with Chair Edgar and Vice-Chair Beamish on February 4" to recognize SAWPA's collaboration with the Sanitation District. RATIFICATION OF PAYMENT OF CLAIMS: 2. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 01/15/14 01/31/14 Totals $11,108,214.24 $12,652,327.51 AYES: Beamish; Benavides; Carchio; Choi; Diep; Edgar, Ferryman; Hernandez; Jones, Kim; Levitt, Murdock; Nagel; Narain; Reese; Reinhart (Alternate); Shawver*; F. Smith; T. Smith; and Withers NOES: None ABSTENTIONS: Brandman (Alternate); Curry; Underhill (Alternate); Nguyen; Nielsen; Sebourn; and *Shawver (abstained on claim #62345) ABSENT: None 02t2&2014 Minutes of Board Meeting Page 4 of 13 CONSENT CALENDAR: 3. MOVED, SECONDED, AND DULY CARRIED: Receive and file the updated Orange County Sanitation District Directors' Committee Assignments for 2014. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 4. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular Board Meeting held on January 22, 2014. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 5. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 14- 02, a Resolution of the Board of Directors of the Orange County Sanitation District commending John Anderson for his outstanding contributions and dedication to public service as Vice-Chair of the Orange County Sanitation District Board of Directors. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None 02t2W2014 Minutes of Board Meeting Page 5 of 13 ABSTENTIONS: None ABSENT: None 6. MOVED, SECONDED, AND DULY CARRIED: A. Approve a sole source agreement with Charles P. Crowley Co., for the purchase and installation support of pump station equipment to support Newport Force Main Rehabilitation, Project No. 5-60, for an amount not to exceed $340,000; and B. Approve a contingency of$34,000 (10%). AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 7. MOVED, SECONDED, AND DULY CARRIED: Items A— K: A. Approve Plans and Specifications for Landscaping and Miscellaneous Improvements Along Ellis Ave Corridor, Project No. FE10-19; and B. Approve Addendum No. 1 to the plans and specifications; and C. Receive and file bid tabulation and recommendation; and D. Receive and file Award Protest from Green Building Corporation dated January 27, 2014 concerning the award to ACE CD, Inc.; and E. Receive and file Orange County Sanitation District's determination letter dated January 29, 2014 to Green Building Corporation responding to Award Protest; and F. Deny Award Protest filed by Green Building Corporation; and 02/26/2014 Minutes of Board Meeting Page 6 of 13 G. Receive and file Appeal Letter from Lax & Stevens representing Green Building Corporation dated February 4, 2014 concerning the award protest determination; and H. Receive and file Response Letter from ACE CD, Inc. dated February 11, 2014 concerning the Appeal Letter from Lax & Stevens; and I. Receive and file Orange County Sanitation District's determination letter dated February 11, 2014 to Green Building Corporation responding to Appeal Letter, and J. Award a construction contract to ACE CD, Inc. for the Landscaping and Miscellaneous Improvements along Ellis Ave Corridor, Project No. FE10- 19, for a total amount not to exceed $403,650; and K. Approve a contingency of$40,365 (10%). AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Seboum; Shawver, F. Smith; T. Smith; and Underhill (Alternate) NOES: Kim ABSTENTIONS: None ABSENT: None OPERATIONS COMMITTEE: 8. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Committee Meeting held on February 5, 2014. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None =612014 Minutes of Board Meeting Page 7 of 13 9. MOVED, SECONDED, AND DULY CARRIED: A. Authorize the General Manager to competitively bid and subsequently award a contract to the lowest responsive and responsible bidder, for the Replacement of Valves at Bay Bridge Valve Vault, Project No. FR10-018, for an amount not to exceed $170,000; and B. Approve a contingency of$34,000 (20%). AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 10. MOVED, SECONDED, AND DULY CARRIED: A. Award a contract to the lowest responsive and responsible bidder, Power Testing and Energization, for Electrical Relay Testing and Calibration, Specification No. 5-2013-574-R2, for a total amount not to exceed $296,990; and B. Approve a contingency of$59,000 (20%). AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 02t2W2014 Minutes of Board Meeting Page 8 of 13 ADMINISTRATION COMMITTEE: 11. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Committee Meeting held on February 19, 2014. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 12. MOVED, SECONDED, AND DULY CARRIED: A. Advertise a request for proposal for managing the District's Investment Program that includes making the investment decisions and execution of the investment transactions; and B. Advertise a request for proposal for an investment advisor to assist with the selection process of an investment management firm in an amount not to exceed $40,000. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 02t2W2014 Minutes of Board Meeting Page 9 of 13 13. MOVED, SECONDED, AND DULY CARRIED: Approve the budget assumptions to be used for the preparation of the FY 2014-15 and FY 2015-16 two-year budget. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None NON-CONSENT: Doug Davert, Director from East Orange County Water District, took this time to address the Board. He acknowledged all the hard work from the Sanitation District on Item 14, and asked the Board for an affirmative vote. Mr. Herberg announced that a revised final red-lined version of the agreement was distributed at tonight's meeting. A few updates had been made to the agreement since the posting of the Agenda. 14. MOVED, SECONDED, AND DULY CARRIED: A. Approve agreement with East Orange County Water District (EOCWD), to transfer ownership of local sewers in Service Area 7, and the appropriate reserve balances, and B. Authorize the General Manager to provide EOCWD with technical and financial information to assist with its submittal of a reorganization application to the Orange County Local Area Formation Commission (OC LAFCO) to facilitate the transfer of ownership of the local sewers and agreed assets; and C. Authorize the General Manager to draft and execute a letter of support to OC LAFCO in favor of EOCWD's reorganization application, subject to and contingent upon OC LAFCO's acceptance of the terms and conditions of transfer agreed upon by OCSD and EOCWD; and D. Approve an agreement with EOCWD to reimburse OCSD for staff support requested during an agreed transition period. 02/26/2014 Minutes of Board Meeting Page 10 of 13 AYES: Brandman (Alternate); Beamish; Benavides; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Seboum; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: Choi ABSTENTIONS: Carchio ABSENT: None STEERING COMMITTEE: 15. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering Committee Meeting held on January 22, 2014. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None 16. MOVED, SECONDED, AND DULY CARRIED: Receive and file International Water Summit Trip Report. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Seboum; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: Edgar ABSENT: None 02t2&2014 Minutes of Board Meeting Page 11 of 13 LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 17. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of the February 10, 2014 meeting of the Legislative and Public Affairs Special Committee. AYES: Brandman (Alternate); Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Underhill (Alternate) NOES: None ABSTENTIONS: None ABSENT: None CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54957.6 and 54957(b)(1). The Board convened in closed session at 7:00 p.m. to discuss two items. Confidential Minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. (Directors Benavides and Nguyen left during closed session.) RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 9:20 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: No report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. 0 212 612 01 4 Minutes of Board Meeting Page 12 of 13 ADJOURNMENT: The Chair adjourned the meeting at 9:23 p.m., in memory of Peter McGrath, until the next Regular Board Meeting on March 26, 2014 at 6:30 p.m. Maria E. Ayala, Clerk of the Board 02t2W2014 Minutes of Board Meeting Page 13 of 13 BOARD OF DIRECTORS Meeting Date I TOBd.of Dir. — 03/26/14 AGENDA REPORT Rem Number Hem Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: NEWPORT FORCE MAIN REHABILITATION, PROJECT NO. 5-60 GENERAL MANAGER'S RECOMMENDATION A. Receive and file Addendum No. 2 to the Collection System Improvement Plan Program Environmental Impact Report for additional project analysis supporting the Newport Force Main Rehabilitation, Project No. 5-60; and B. Approve Plans and Specifications on file at the office of the Clerk of the Board; and C. Approve Addendum Nos. 1 through 5 to the plans and specifications; and D. Receive and file bid tabulation and recommendation; and E. Ratify withdrawal of low bid from Steve P. Rados, Inc. at their request due to inadvertent calculation error and return of their bid security as allowed under Public Contract Code §5100 at seq.; and F. Approve a budget increase of $5,931,000 for Newport Force Main Rehabilitation, Project No. 5-60, for a total budget amount of$51,719,000; and G. Award a construction contract to Kiewit Infrastructure West Company for Newport Force Main Rehabilitation, Project No. 5-60, for a total amount not to exceed $36,715,000; and H. Approve a contingency of$3,304,350 (9%). SUMMARY The purpose of Project No. 5-60, Newport Force Main Rehabilitation, is to rehabilitate the Newport Force Main system located on Pacific Coast Highway in Newport Beach between Bitter Point Pump Station and Dover Drive. Rehabilitation is necessary because the Newport Force Main system is more than 50 years old and has experienced multiple structural failures due to corrosion since 1984. The project will correct the hydraulic deficiency of the Newport Force Main system and extend the life another 50 years. More than half of the force main system will be rehabilitated rather Page 1 of 5 than replaced to minimize impacts to the community, businesses, tourism, and the environment. Brown & Caldwell completed the plans and specifications for Newport Force Main Rehabilitation, Project No. 5-60, in October 2013, and the Orange County Sanitation District (Sanitation District) advertised for bids on November 26, 2013. Three sealed bids were received on February 4, 2014. The low bidder withdrew their bid due to a calculation error. After the evaluation of the bids by the Evaluation Team, the second lowest bidder was deemed the lowest responsive, responsible bidder. The Contractor selection was conducted in accordance with the Sanitation District's adopted policies and procedures. Staff recommends awarding a construction contract to Kiewit Infrastructure West Company (Kiewit) for Newport Force Main Rehabilitation, Project No. 5-60, for a total amount not to exceed $36,715,000. Summary information on the bid opening for Newport Force Main Rehabilitation, Project No. 5-60, is as follows: Project Budget $ 45,788,000 Construction Contract Budget $ 31,731,000 Engineer's Estimate $ 31,218,000 Lowest Responsive, Responsible Bid $ 37,271,000 High Bid $ 45,950,000 Bidder Amount of Bid Steve P. Rados, Inc. $ 31,970,830 Kiewit Infrastructure West $ 37,271,000 W.A. Rasic Construction $ 45,950,000 A budget increase is requested due to the higher bid cost than what was originally estimated. PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION Withdrawal of Low Bid On February 11, 2014, Steve P. Rados, Inc. (Rados) submitted a written request to the Evaluation Team to withdraw their bid because they made a material clerical error in preparing their bid. Pursuant to the Evaluation Team's request, Rados submitted their bid preparation documents and estimating software screenshots as evidence that a Page 2 of 5 mistake was made. The Evaluation Team reviewed the documentation, met with Rados, and confirmed that the error occurred when Rados inadvertently omitted a subcontractor's quotation of $2,449,848.73 for the micro-tunneling scope in their estimating software program, making their bid materially different from what they intended. Since Rados met all four conditions as stated in Public Contract Code §5100, the Evaluation Team determined that it is in the best interest of both the public and the Sanitation District to grant Rados' request to withdraw their bid and return their Bid Security. Bid Comparison to Engineer's Estimate Kiewit's bid was significantly higher in cost to install and perform traffic control, micro- tunneling, and open trench construction. The summary of differences in the engineer's estimate and low bid are listed below (rounded to the nearest million dollars): Bid Item Cost Difference Comments/Reasons Traffic Control $1 million Engineer's estimate underestimated the bid amount to install traffic control in heavil con ested PCH. Tunneling $1 million Engineer's estimate was lower than the bid amount. Open Trench and CIPP $4 million Engineer's estimate was Rehabilitation optimistic in estimating the open trench costs associated with multiple headings, short working hours, and summer working restriction. Global polyethylene pipe inflation likely drove bid upward. In general this work carries significant risk for the contractors and each prices this risk differently and this is shown in the variance of bid prices. In comparing the estimate to the bids received, it is evident where the variations occur, but the specifics of any material differences between the bids and the estimate is not clear. Budget Increase A budget increase is requested because the lowest responsive, responsible bidder, Kiewit Infrastructure West Company, submitted a bid that was higher than the budgeted cost. A $5,931,000 budget increase is requested to cover the difference in cost between the project's construction budget and Kiewit's base bid amount plus the requested construction contingency. Contingency This Project's design has gone through an extensive review including construction and design reviews via third-party Consultants, as well as a complete geotechnical and Page 3 of 5 utility evaluation to help mitigate construction concerns. These efforts notwithstanding, a contingency of 9% for construction change orders on this project is recommended due to the higher than normal risk associated with performing work in Pacific Coast Highway, Newport Beach, a roadway heavily congested with traffic and underground utilities. These risks are associated with multiple construction headings, multiple traffic control setups, and Contractor demobilization during the summer months to minimize traffic control disruptions to local businesses during the summer tourist season. These considerations necessitate a higher than normal contingency to help insure the project proceeds without delay. Award and Rebid Options There are two options: (1) Award contract to lowest responsive, responsible bidder; or (2) Reject all bids and rebid the project since the lowest responsive, responsible bidder was higher than the budgeted amount. Staff recommends awarding the contract to the lowest responsive, responsible bidder for the following reasons: a. There are no design changes or deletions that would result in substantial cost savings for this project. Value engineering and constructability reviews were performed and recommendations were implemented during the design of this Project. b. Staff estimates a 12-month delay would result if the project were to rebid. The timing of the work is critical due to seasonal permitted lane closures to avoid summer beach traffic impacts. The delay cost would be significant and could offset any potential rebid savings. Also, the reliability of the existing force mains for another year would be an additional risk to the Sanitation District. The force mains are over 50 years old and located near coastal water; a spill could result in beach closures. C. There is no assurance that a cost savings will be achieved by rebidding the project. Pursuant to Public Contract Code, Rados would not be permitted to rebid. Assuming a corrected low bid (accounting for Rados' bid error) was provided, including delay and rebid costs, the resulting bid would be priced within 2.5% of Kiewit's bid. This is not a significant savings considering unknowns in market timing and contractor's workload. d. Kiewit has been determined to be a responsive and responsible bidder. Kiewit is a very capable and safety-oriented contractor who has completed many successful projects with OCSD without any legal action including Replacement of Bitter Point Pump Station, Replacement of Rocky Point Pump Station and Magnolia Trunk Sewer Rehabilitation. e. Delaying this project will increase the non-construction costs to the project by adding Engineering and administrative cost. In addition, delaying this project will encumber staffing resources that aren't available to deliver other needed projects. Page 4 of 5 Sole Source Item The Sanitation District has designated the following item by specific brand or trade name pursuant to Public Contract Code §3400 (c)(3) in order to obtain a necessary item that is only available from one source. Item Specification Section T-Lock 06620 Plastic Liner (Polyvinyl Chloride) CEQA Newport Force Main Rehabilitation, Project No. 5-60, is within the scope of the Program Environmental Impact Report (PEIR) for the Collection System Improvement Plan, SCH# 2006101018, certified in June 2007. Pursuant to CEQA Guidelines section 15168(c)(4), the Sanitation District has prepared an addendum to the PEIR to cover sections that needed further analyzes; air quality and greenhouse gas emissions which was not included in the original PER. After reviewing the facts and analyzing the circumstances, staff has determined that these issue areas are of no substantial changes since the certification of the Final PEIR for the Collection System Improvement Plan. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (FY2013-14 Update, Page A-7, Item 24) but the budget is insufficient and requires additional funds for the recommended action. If approved, funds for the recommended increase in budget will come from offsets within the Capital Improvement Program budget. Date of Approval Contract Amount Contingency 03/26/14 $36,715,000 $3,304,350 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: • Construction Contract • Addendum to the Program Environmental Impact Report for the Collections System Improvement Plan RT:MD:dm:gc Page 5 of 5 PART A CONTRACT AGREEMENT C-CA-071913 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.......................................................22 SECTION - 18 TERMINATION................................................................................22 SECTION - 19 WARRANTY....................................................................................23 SECTION -20 ASSIGNMENT.................................................................................24 SECTION -21 RESOLUTION OF DISPUTES ........................................................24 SECTION -22 SAFETY& HEALTH ........................................................................24 SECTION -23 NOTICES.........................................................................................24 C-CA-071913 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION THIS AGREEMENT is made and entered into, to be effective, this March 26, 2014, by and between Kiewit Infrastructure West Co., 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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 1 of 26 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 2 of 26 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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 3 of 26 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 fumish, 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. 5-60 NEWPORT FORCE MAIN REHABILITATION C-CA-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 4 of 26 SECTION-4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. 5.60 NEWPORT FORCE MAIN REHABILITATION 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 855 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes 30 calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. In addition, CONTRACTOR shall accomplish such milestones within the periods of performance set forth in Appendix A of the Special Provisions entitled "Work Completion Schedule." SECTION—6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with C-CA-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 5 of 26 Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION-7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay"and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. 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 C-CA-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 6 of 26 any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. SECTION—9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". 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 Thirty Six Million Seven Hundred Fifteen Thousand Dollars ($36,715,000)as itemized on the Attached Exhibit"A". C-CA-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 7 of 26 Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements"and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 8 of 26 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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 9 of 26 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 10 of 26 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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 11 of 26 required or permitted to labor more than eight(6) 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 12 of 26 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 C-CA-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 13 of 26 insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion'. Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD Dremises/worksite without Dossessing 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 14 of 26 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: Thirty Five Million Dollars ($35,000,000) per occurrence and a general aggregate limit of Thirty Five Million Dollars ($35,000,000)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 Thirty Five Million Dollars ($35,000,000) per occurrence and a general aggregate limit of Thirty Five Million Dollars ($35,000,000)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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 15 of 26 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 Fifteen Million Dollars ($15,000,000)and a general aggregate limit of Fifteen Million Dollars ($15,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) Fifteen Million Dollars ($15,000,000) per person for bodily injury and Five Million Dollars ($5,000,000) 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 16 of 26 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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 17 of 26 5. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance for pollution liability covering bodily injury, property damage (including loss of use of damaged property or property that has not been physically injured or destroyed), cleanup costs, and defense costs (including costs and expenses for investigation, defense, or settlement of claims). Coverage shall carry limits of at least One Million Dollars ($1,000,000) Dollars and shall apply to sudden and non-sudden pollution conditions (including sewage spills), both at the site or needed due to migration of pollutants from the site, resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants or pollutants. If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the right to approve or reject such coverage in its own discretion. If written on a claims- made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under this Contract is completed. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C-CA-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 18 of 26 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-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 19 of 26 signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s)will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20)days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified C-CA-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 20 of 26 copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured"on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Reauired Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25-S (7197) 2. Reauired Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation C-CA-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 21 of 26 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements There shall be a Separation of Insured Clause or endorsement, providing that coverage applies separately to each insured, except with respect to the limits of liability. There shall also be an endorsement or policy language containing a waiver of subrogation rights on the part of the insurer. OCSD, its directors, officers, agents, CONSULTANTS and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 11 85 or alternatively in both CG 20 10 10 01 and CG 20 37 10 01 together. SECTION—17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION-18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may C-CA-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 22 of 26 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; 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. C-CA-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 23 of 26 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 "Safely" 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. C-CA-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 24 of 26 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: Kiewit Infrastructure West Co. 10704 Shoemaker Ave. Santa Fe Springs, CA 90670 Copy to: Brent R. Nielsen, Senior Vice President Kiewit Infrastructure West Co. 10704 Shoemaker Ave. Santa Fe Springs, CA 90670 C-CA-071913 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 25 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Kiewit Infrastructure West Co. 10704 Shoemaker Ave. Santa Fe Springs, CA 90670 By Printed Name Its CONTRACTOR's State License No. 433176 (Expiration Date 01131/2015) 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-071913 PROJECT NO. 5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 26 of 26 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 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.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED 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 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%)of the amount claimed under any stop payment notice under Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a slop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-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.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED 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 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION 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-B 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.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 5 of 8 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.5-60 NEWPORT FORCE MAIN REHABILITATION 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 Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date C-EXA-071012 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 7 of 8 ATTACHMENT SCHEDULE OF PRICES See next pages for Bid Submittal Forms (Kiewit Infrastructure West Co.): BF-14 Schedule of Prices, Page 32A—39A C-EXA-071012 PROJECT NO.5-60 NEWPORT FORCE MAIN REHABILITATION CONFORMED Page 8 of 8 Kiewit Infrastructure West Co. Bid Submitted By: (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 Rem, 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. Note 2:Additive Bid Items will be used to determine the lowest Responsive, Responsible Bidder.Additive items will not be included as part of the initial award amount. In the event that OCSD elects to add any, all, or a portion of the Additive Bid Items, it will do so via change order(s). Refer to Part C—SPECIAL PROVISIONS. All Work in the Contract Documents shall be Included in Base Bid Items.The Additive Bid Items are for Work either not specifically shown or in excess of quantities shown in 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. C-BF-121713 JOB NO.SP-79 TOLE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 32A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Approx unit Prim Price No. Measurement city 1. Mobilization: Mobilization in conformance with the Contract Documents for Lump Sum 1 = $ 600,000.00 the lump sum price of... 2. Field Office: Provide all labor, equipment and materials necessary to maintain the functioning field office set up as part of Mobilization, for the Month 27 z $ `Q Idea = $24401 O0o. duration of the Project in conformance with the Contract Documents for the unit price of... 3. Staging Area: Provide all labor, equipment and materials necessary to maintain the functioning staging and materials storage area set up as part Month 24 z $�O tW _ $ Z,�Q Opp•� of Mobilization for the duration of the Project in conformance with the I t Contract Documents for the unit price of... 4. Permits:Allowance for permits, Caltrans, and City of Newport Beach _ $ 240,000.00 inspection and other fees and charges required to complete the Work, in Allowance 1 - conformance with the Contract Documents. 5. Shoring and Bracing: Furnish all labor, equipment and materials required to provide sheeting, shoring and bracing for protection of life and limb in Lump Sum 1 = $ '� SQS WD trenches, open excavations and confined spaces, in conformance with the f Contract Documents for the lump sum price of... 6. Stormwater Pollution Prevention Plan: Furnish all labor, equipment and materials required to prepare and implement a Stormwater Pollution Lump Sum 1 = $ 30D t OW• �` Prevention Plan for during of the Work in conformance with the Contract Documents for the lump sum price of... C-BF-121713 JOB NO. SP-79 TULE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 33A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Item Description Unit of Approx Unit Price Extended Price No. Measurement city 7. Bay Bridge Standby Pump Unit : Furnish all labor, equipment and $ 2,00 00o 0O materials required install,field test and commission a new 5 standby pump Lump Sum 1 = t at Bay Bridge Pump Station complete in place in conformance with the Contract Documents for the lump sum price of... iS 8. Basic Groundwater Excavation Dewatering System: Furnish all labor, _ equipment and materials required for dewatering in accordance with the lSD requirements entitled"Basic Dewatering System" described in Section Lump Sum 1 = $ 1 f Soo fdW. 02140, Dewatering in conformance with the Contract Documents for the lump sum price of... 9. Traffic Control: Furnish all labor, materials and equipment required to protect, maintain, and implement vehicle, bike, and pedestrian traffic flow for the duration of the Work in accordance with the requirements of the Lump Sum 1 = $2.1000 r uo0 00 encroachment permits and Contract Documents, for the lump sum price of... 10. Contaminated Groundwater Pretreatment System: Allowance for a trailer mounted groundwater treatment system to pretreat dewatered Allowance 1 = $ 90,000.00 groundwater prior to discharge to the OCSD gravity sewer system in conformance with the Contract Documents. 11. OCSD directed Exploratory Subsurface Investigations: Furnish all labor, materials, and equipment necessary for 4 feet x 4 feet x 8 feet deep 0Z) subsurface exploratory investigations for utilities as directed by OCSD Each 6 x $ ry".4111 _ $ �SO�l9W • — including traffic control setup and surface restoration in conformance with the Contract Documents for the unit price of... C-BF-121713 JOB NO. SP-79 TULE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 34A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) It.. Description Unit of Approx Unit Price Extended Price No. Measurement city 12. Contaminated Soil Transport and Disposal. Furnish all labor, materials, and equipment necessary for segregating, hauling and disposal of wet excavated soils with high levels of Volatile Organic Compounds (VOC) and Total Petroleum Hydrocarbons (TPH)contaminants that must be Ton 1,740 x $ = $ excavated, handled, and treated in strict compliance with SCAQMD Rule {p•a0 1166. All contaminated soils shall be disposed offsite at a facility licensed to receive petroleum-contaminated wastes in conformance with the Contract Documents for the unit price of... 13. New 24-inch OD HOPE Lido Force Main by Open Cut Single Pipe Trench: Construct new 24-inch diameter high density polyethylene (HDPE) Lump Sum 1 = S 2 OW 6DD•R force main sewer by open cut construction method in conformance with the ( i Contract Documents for the lump sum price of... 14. New 24-inch OD HDPE Lido Force Main by Jack and Bore. Construct new 24-inch OD HDPE force main sewer in 36-inch diameter steel casing0� byjack and bore construction method in conformance with the Contract Lump Sum 1 = $Zf 00blvil0, -- Documents for the lump sum price of... 15. New 32-inch OD HDPE North and South Force Mains by Open Cut Single Pipe Trench: Construct new 32-inch OD HDPE force main sewer Lump Sum 1 = $ 000 Coo. by open cut construction method in conformance with the Contract f Documents for the lump sum price of... 16. New 32-inch and 36-inch OD HDPE North and South Force Mains by Open Cut Dual Pipe Trench. Construct new 32-inch and 36-inch diameter Lump Sum 1 = $ o UUka. HDPE force main sewer by open cut construction method in conformance f f with the Contract Documents for the lump sum price of... C-BF-121713 JOB NO.SP-79 TULE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO,2 Page 35A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Item Description Unit of Approx Unit Price Extended Price No. Measurement pty 17. New 36-inch OD HDPE South Force Main by Open Cut Single Pipe Trench: Construct new 36-inch diameter HDPE force main sewer by open Lump Sum 1 - $ z/�f(tp•�.. cut construction method in conformance with the Contract Documents for the lump sum price of... 18. New 32-inch diameter OD HOPE North and South Force Mains by Microtunnel: Construct new 32-inch diameter HOPE force main sewer in 48-inch diameter steel casing by microtunneling construction method in Lump Sum 1 conformance with the Contract Documents for the lump sum price of... 19. Rehabilitate existing 36-inch diameter ID North and South Force Mains by Glass Fiber Reinforced-Cured In Place Pipe(GFR-CIPP): Rehabilitate existing 36-inch diameter DIP force main sewer by CIPP Lump Sum 1 tl0o•o^- construction method in conformance with the Contract Documents for the I lump sum price of... --- 20. Rehabilitate existing 30-inch diameter ID North and South Force Mains by GFR-CIPP: Rehabilitate existing 30-inch diameter DIP force main sewer 9S— by CIPP construction method in conformance with the Contract Documents Lump Sum 1 = $ ZfCtrp�O.A. for the lump sum price of... 21. Final Asphalt Pavement Replacement and Restriping: Furnish all labor, materials and equipment required for 2"final pavement cap and grind Square Feet 200,000 x $ �,,JrO = $3� DUO OO resurfacing and restriping in conformance with the Contract Documents for / the unit price of... C-BF-121713 JOB NO. SP-79 TULE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 36A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Item Description Unit of Approx Unit Price Extended Price No. Measurement Dry 22. Final Landscape and Irrigation Restoration: Furnish all labor, materials, and equipment required for restoring landscape and irrigation systems in Lump Sum 1 = $ WIL conformance with the City of Newport Beach encroachment permit requirements for the lump sum price of... 23. All other portions of the Work set forth in the Contract Documents except for the Work performed in Items No. 1 through 22 inclusive and Item No.24: Furnish all labor, equipment and materials necessary to Lump Sum 1 = $ St7� t •u� complete all other portions of the Work, except for the Work specified in Items No. 1 through 22 inclusive and No. 24 in conformance with the Contract Documents for a lump sum price of... 24. Demobilization: Demobilization shall include but not be limited to the acceptance of Work by OCSD, Caltrans, and the City of Newport Beach, completion of all items on final punch list, final cleanup and processing of Lump Sum 1 = $ 150,000.00 final progress payment request, in conformance with the Contract Documents for a lump sum price of... SUBTOTAL BASE BID ITEMS NO. 1 THROUGH NO.24 (AWARD AMOUNT) $ 36/CIS wo. "-' C-BF-121713 JOB NO. SP-79 TULE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 37A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) ADDITIVE BID ITEMS(Refer to Note 2 in the Instructions): Item Description Unit of Appmx Unit Price Extended Price No. Measurement oly 25. Supplemental Groundwater Excavation Dewatering System: Furnish all - -• _.:, -o:.. labor, equipment and materials as required for dewatering in accordance with the requirements entitled"Supplemental Dewatering System" described in Section 02140, Dewatering in conformance with the Contract Documents for the unit prices below... A. Supplemental Dewatering Wells Each 4 x $ tOf0A 2 = $ g0 OW B. Supplemental 300-foo[Vacuum Wellpoint System Each 4 x $SCr0i0x:g' _ $ 2Do/OOo. � C. Supplemental Vacuum Wellpoints Each 4 x $ SIM.¢°' _ $ 'l/uaO.°O D. Supplemental Monitoring Wells Each 4 x $ (,/ .� _ $ -JA,wo • — 26. Rescue Tunnel: Allowance for all labor, materials and equipment required for rescue tunnel if the event the tunneling machine is unable to advance. Rescue tunnel shall meet the requirements described in Specification Allowance 1 = $ 250,000.00 Section 02623, Microtunneling and in conformance with the Contract Documents. SUBTOTAL ADDITIVE BID ITEMS NO.25 THROUGH NO.26 $ S S!e/ CCO•�— TOTAL AMOUNT OF BID (BASIS OF AWARD) $ C-BF-121713 JOB NO.SP-79 TULE RANCH BIOSOUDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 38A of 39A Bid Submitted By: Kiewit Infrastructure West Co. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) IMPORTANT NOTICE TO BIDDERS: Bid Items No. 1 through No.24 together with Additive Bid Items No.25 through No.26 will be used to determine the lowest, responsive, responsible Bidder. Additive Bid Items No.25 through No.26 will not be included as part of the award amount. In the event OCSD elects to add any of the Additive Bid Item(s), it will do so via Change Order(s). Refer to the SPECIAL PROVISIONS Section entitled ADDITIVE BID ITEMS. C-BF-121713 JOB NO. SP-79 TULE RANCH BIOSOLIDS WATER MANAGEMENT NEEDS, KINGS COUNTY ADDENDUM NO.2 Page 39A of 39A ADDENDUM TO FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT COLLECTION SYSTEM IMPROVEMENT PLAN ORANGE COUNTY SANITATION DISTRICT(MARCH 2O07) SCH#2006101018 NEWPORT FORCE MAIN REHABILIATION PROJECT (PROJECT NO. 5-60) 1.0 INTRODUCTION 1.1 Project Description The Newport Force Main(NFM) system consists of a dual barrel ductile iron pipe system that conveys wastewater flow collected from the majority of the City of Newport Beach, including the entirc Balboa Peninsula and around Newport Bay, and portions of the City of Costa Mesa. It conveys up to approximatcly 36 million gallons per day through more than 5 miles of pressure pipe along the Pacific Coast Highway(PCH). The system is more than 50 years old and has experienced multiple structural failures due ro corrosion since 1984. The system also lacks the necessary reliability,redundancy and operational flexibility to respond to a failure without risk of causing a major impact to the surrounding community,environmental resources,businesses and residences. The purpose of the project is to rehabilitate the entire NFM system from the Bay Bridge to Bitter Point Pump Station to allow for a life extension of 50 years of reliable operations. Key elements of the rehabilitation project are necessary to increase system reliability and reduce the risk of Sanitary Sewer Overflows (SSOs), to more safely operate the system by minimizing OCSD staff from operating valves from within the vehicular roadway along PCH, and to eliminate the hydraulic deficiency of the South Barrel of the NFM system enabling construction without disruptive,in-street bypass piping.Relieving this hydraulic bottleneck during this project will prepare the system for the near-term upgrades to the Bay Bridge Pump Station and not require a second construction period 4 to 5 years later. The project will require significant construction activities associated with multiple rehabilitation methods,including Cured-in-Place-Pipe (CIPP) rehabilitation, open cut method replacement, and tunneling for replacement of pipe in difficult-to access locations. 1.2 Purpose and Scope The California Environmental Quality Act (CEQA) requires public agencies to analyze and consider the environmental consequences of their decisions to approve development projects over which they exercise discretion. CEQA achieves this objective by requiring agencies to prepare Environmental Impact Reports (FIRS) for projects with the potential to cause significant impacts on the physical environment. EIRs are public documents that assess environmental effects related to the planning, construction, and operation of a project,and indicate ways to reduce or avoid possible environmental damage. An FIR also discloses growth-inducing impacts, effects found not to be significant,significant cumulative impacts,and significant impacts that cannot be avoided,if any.The purpose of an FIR is to inform.EIRs are not policy documents that recommend project approval or denial. As lead agency, the Orange County Sanitation District (OCSD) prepared a Program Environmental Impact Report (PEIR) for the OCSD Collection System Improvement Plan in compliance with the California Environmental Quality Act(CEQA) (Public Resources Code, section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.,as amended).In accordance with the State CEQA Guidelines,the Draft PEIR was prepared and distributed to public agencies and the general public by the OCSD on March 15,2007,for a 45-day public review period. A Notice of Availability (NOA) for public review was posted at the Orange County Clerk's Office, a public notice was published in the Orange County Register on March 16, 2007, and a Notice of 1 January 2014 Completion(NOC)was filed with the State Clearinghouse of the Governor's Office of Planning and Research. The notices included a list of locations where the document was available for public review. Public comments on the Draft PEIR were also solicited at a public hearing that was held on April 3, 2007. No substantive comments on content of the Draft PEIR or significant environmental issues related to the proposed Plan were raised at the public hearing. On August 22, 2007, the County Board of Supervisors certified the PEIR, made findings, adopted a Statement of Overriding Considerations,adopted a Mitigation Monitoring and Reporting Program,and approved the Collection System Improvement Plan, Job No. 7-61. The OCSD filed the Notice of Determination on August 23, 2007. The Project was one of 19 Collection System improvement projects analyzed in the PEIR (PEIR, p. 2-2.). The Project is therefore a subsequent activity within the scope of the PEIR. (CEQA Guidelines § 15168). Subsequent activities in a PEIR must be examined in light of the PEIR to determine whether an additional environmental document must be prepared. (CEQA Guidelines§ 15168(c).) Public Resources Code Section 21166 limits the ability of an agency to require an additional EIR,once one has been certified for a project. Section 21166 provides as follows: 21166. Subsequent or Supplemental Impact Report;Conditions. When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency,unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impactreport. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete,becomes available. The CEQA Guidelines further refine the circumstances under which a supplemental or subsequent EIR may be required.Guidelines Section 15162 provides as follows: 15162. Subsequent EIRs and Negative Declarations. (a)When an EIR has been certified or negative declaration adopted for a pmjecS no subsequent EIR shall be prepared for that project unless the lead agency determines,on the basis of substantial evidence in the light of the whole record,one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR,was certified as complete or the negative declaration was adopted,shows any of the following: (A) The project will have one or more significant effects not discussed in the previous PEIR or negative declaration; 2 January 2014 (B) Significant effects previously examined will be substantially more severe than shown in the previous PEIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative;or (D)Mitigation measures or alternatives which are considerably different from those analyzed in the previous PEIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In reviewing the Project details, OCSD staff identified two topics that merit evaluation since certification of the PEIR. These are: (1) short-term, project-specific air quality impacts; and (2) greenhouse gas emissions impacts. After reviewing the facts and analyzing the circumstances, OCSD staff has determined that none of the circumstances described in Public Resources Code Section 21166 as implemented by CEQA Guidelines Section 15162 have occurred. Staff has prepared this addendum, and the initial study prepared concurrently with this addendum,to discuss these issues and document the basis for this determination. The initial study is attached hereto as Appendix A. 2.0 AIR QUALITY The OCSD Collection System Improvement Plan PEIR described the existing air quality regarding the following regulated pollutants: ozone (03), carbon monoxide (CO), suspended particulate matter (PMio), nitrogen oxides (NOx), sulfur dioxide (SOi), lead, and reactive organic gases (ROG). The project site is located in the Orange County portion of the South Coast Air Basin (SCAB). Table 2-1 shows the pollutants and associated attainment status for SCAB. Orange County is designated as a federal and state non-attainment area for 03,PM1o, and PMi 5, maintenance for CO,and an attainment area for SO,NOr,and lead. An Air Quality and Climate Change Technical Memorandum for the Project is included as Appendix B to this Addendum to provide technical support for the following analysis. 2.1 Regulatory Setting The South Coast Air Quality Management District(SCAQMD)is the regional agency responsible for the regulation and enforcement of Federal, State, and local air pollution control regulations in the SCAB. The SCAQMD has the responsibility of ensuring that Federal and State ambient air quality standards are achieved,maintained and enforced in the SCAB. SCAQMD rules and regulations require that any equipment that emits or controls air contaminants be permitted prior to construction,installation, or operation (Permit to Construct or Permit to Operate).The SCAQMD also has visible emissions, nuisance, and fugitive dust regulations which are applicable to the Project during construction activities. These specific regulations include SCAQMD Rule 401 (Visible Emissions); SCAQMD Rule 402 (Nuisance); and SCAQMD Rule 403 (Fugitive Dust).The intent of these rules is to limit the amount of visible emissions and fugitive dust generated from emission sources and to ensure emitted pollutants do not cause a public nuisance. SCAQMD Rule 403 provides control measures to reduce overall fugitive dust emissions from construction activities. Based on the description of the construction activities for the Project,the amount of soil to be excavated, and the acreage of the disturbed areas, the Project does not classify as a"large operation." However, to minimize fugitive dust emissions, feasible fugitive dust control measures as stated in the applicable mles would be implemented as Applicant Proposed Measures(APMs)to reduce potential impacts to off-site receptors(SCAQMD, 2009a).In addition,Mitigation Measure 3.2-2 in the PEIR also addresses fugitive dust emissions. 2.2 Methodology Construction emissions from the operation of diesel-fueled off-road equipment were estimated by multiplying peak daily usage by equipment-specific emission factors. Horsepower-based composite factors,with built-in load factors, were utilized to estimate peak daily emissions. The emission factors were obtained from the SCAQMD's website (SCAQMD 2011) and represent the fleet-wide average emission factors during 2013 within the SCAB. Criteria pollutant emissions from on-road motor vehicles were estimated using California Air Resource Board's (CARS) On-Road EMFAC201I mobile source emission factors,obtained from the EMFAC201I model output. 3 January 2014 Peak daily emissions include both onsite and offsite emissions; onsite emission are generated by sources within the footprint of the project site; offsite emission are generated by sources such as vendor haul hips due to import or export of construction materials. 2.3 Significance of Impacts Air quality impacts during construction of the Project are presented in Table 2-1 below. Peak daily commuction emissions are summarized and are also compared to the established SCAQMD regional mass daily emission thresholds and localized significance thresholds(LSTs)for construction. Table la: Peak Daily Criteria Pollutant Summary(lblday) Criteria Pollutants, I Equipment Type ROG CO blda NOX SOX PM10 PM2.5 Ons/te Offroad Equipment 1.24 7.36 10.13 0.02 0.49 0.45 Onroad Equipment 0.03 0.19 0.15 0.00 0.01 0.01 Offske Onroad Equipment 0.28 2.77 1.18 0.00 0.06 0.05 Regional Impact Evaluation Total Daily Emissions 1.54 9.82 11.46 0.03 0.56 0.50 Regional Thresholds 75 550 100 150 150 55 Exceed Regional Thresholds Y/N ? No No No No No No Localized Im act Evaluation Total Daily Offsite Emission 0.28 2.77 1.18 0.00 0.06 0.05 Localized Significance Thresholds 647 92 4 3 Exceed LST Y/N ? No No No No No No 1.GH4 wr reNon to CO2 Wsed on global mming Oteralal GWP of 21. 2.4 Application of CEQA Guidelines Would the project conflict with or obstruct implementation of the applicable air quality plan? Air emissions in the SCAB are regulated by the SCAQMD. Pursuant to the federal Clean Air Act (CAA), the SCAQMD is required to reduce emissions of criteria pollutants for which the SCAB is in non-attainment. Strategies to achieve these emission reductions are developed in SCAQMD's Air Quality Management Plan (AQMP) for the region. Chapter 3 of the AQMP states,"future emissions forecasts are based on demographic and economic growth projections provided by the Southern California Association of Governments (SCAG)Y The Project will not conflict with or obstruct implementation of any applicable air quality plans or regulations. The regions currently exceeds standards for ozone and PM2 y,the most significant sources of these pollutants are vehicle and other mobile source emissions.No new impacts associated with the implementation of an air quality plan would occur. Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? The South Coast region is currently in non-attainment with air quality standards for ozone and PM2 s The Project is not expected to result in significantly increased air emissions.Based on this air quality analysis,potential emissions from truck traffic associated with this project would represent insignificant sources of pollutants contributing to the 4 January 2014 overall PM2.5 emissions. Nonetheless, because the South Coast airshed is a nonattainment area for PM2.5, applicable air quality mitigation measures included in the PEIR should be employed to minimize particulate emissions during rehabilitation operations. No new impacts associated with the violation of air quality standards would occur. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for owne precursors)? In evaluating the activities described in the certified PEIR,OCSD had concluded that short-term cumulative impacts related to air quality would remain significant after mitigation. When combined with construction of the reasonably foreseeable future projects, construction emissions are anticipated to exceed significance thresholds for NO,. Because air emissions typically are considered on a regional basis, any project being constructed in the general vicinity of the proposed collection system improvement projects during the same construction timeframe likely would contribute to potentially significant cumulative air quality impacts. However, Mitigation Measures from the PEIR applicable to air quality will be incorporated into the Project. No new impacts associated with a cumulative net increase of criteria pollutants would occur. Would the project expose sensitive receptors to substantial pollutant concentrations? Sensitive receptors in the Project area include businesses, residents, and a small college campus. As stated in the PEIR, the temporary increase in emissions of criteria an pollutants during construction would not be expected to exceed SCAQMD-established air quality thresholds for the Project. Emissions associated with operational activities would be minimal and are not anticipated to result in long-tens operational impacts that conflict with SCAQMD-established air quality standards. Therefore, the Project would not have a significant impact to sensitive receptors during construction or operation. Would the project create objectionable odors affecting a substantial number ofpeople? The Project would be expected to create some objectionable odors as a result of modification of the existing sewer lines. Currently, OCSD investigates and tracks all odor complaints, performing cleaning and/or repairs as appropriate, and would continue this practice. As part of its operational activity, OCSD injects sodium hydroxide, hydrogen peroxide, ferrous chloride, and magnesium hydroxide at various locations in the collection system to control odor. Construction contractors are required to follow a site-specific odor control plan to minimize odors during rehabilitation activities. Odor control could include monitoring, ventilating, chemical application, material containment limiting atmospheric exposure, and activity staging to minimize odor impacts. Therefore, impacts associated with the creation of objectionable odors affecting a substantial number of people would be considered less than significant. 2.4.1 SUMMARY OF PROJECT COMPARISON TO PEIR FINDINGS Is there substantial evidence in the record revealing that there have been substantial changes proposed in the project which will require major revisions of the previous PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects with respect to air quality? Based on the foregoing analysis and project information, the initial study prepared concurrently with this Addendum,there is no evidence that the changes to the Project require a major change to the certified OCSD PEIR. The Project would not result in any new significant environmental impact or a substantial increase in the severity of impacts from those described in the certified OCSD PEIR. Is there substantial evidence in the record revealing that there have been substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the previous PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects as a result of recent developments with respect to the regulatory environment on air quality? 5 January 2014 No. Based on the foregoing analysis and project information in the initial study prepared concurrently with this Addendum, there is no evidence suggesting that there have been substantial changes to the circumstances of the project as discussed in eth PEIR. Is there substantial evidence in the record revealing that there is new information of substantial importance related to the recent developments relating to the regulatory environment on issues of air quality, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous PEIR was certified that shows: (I) the project will have one or more significant effects not discussed in the PEIR, (2)significant effects previously shown will be substantially more severe that shown in the previous PEIR, (3) mitigation measure or alternatives previously found to be infeasible would in fact be feasible, or (4) there are considerably different mitigation measures or alternatives from those analyzed in the previous PEIR that would substantially reduce one or more significant effects? This Addendum and the initial studyhas analyzed all available relevant information and has determined that there is no new information of substantial importance, that was unknown and could not have been known with the exercise of reasonable diligence at the time the OCSD PEIR was certified indicating that: (1)the Project would have one or more significant effects not discussed in the PEIR, (2) significant effects previously examined will be substantially more severe than shown in the PEIR,, (3) mitigation measures or alteratives previously found not to be feasible would in fact be feasible,or(4)mitigation measures or alternatives considerably different from those analyzed in the PEIR would substantially reduce one or more significant effects. 3.0 GLOBAL CLIMATE CHANGE The certified PEIR did not contain a greenhouse gas (GHG) emissions analysis, as it was not industry practice in 2007 to routinely perform such an analysis. Since that time, however,analysis of GHG's is now required, and new checklist questions were approved for inclusion in the CEQA Guidelines as of March 18, 2010. Therefore, GHG emissions are now considered in the environmental analysis for the Project.This analysis is undertaken to determine if the Project would result in adverse impacts in relation to GHG emissions. An Air Quality and Climate Change Technical Memorandum for the Project we included in Appendix B of this Addendum to provide technical support for the following analysis. Global climate change refers to changes in average climatic conditions on Earth as a whole, including temperature, wind patients, precipitation and stomas. Global temperatures are moderated by naturally occurring atmospheric gases, including water vapor, carbon dioxide (CO2), methane(CH4) and nitrous oxide(N20). These gases allow solar radiation(sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping, thus warming the Earth's atmosphere. Global climate change attributable to the emission of greenhouse gases ("GHG') (mainly CO2, CH4 and N20) generated by human activity is currently one of the most important and widely debated scientific, economic and political issues in the United States.Historical records indicate that global climate changes have occurred in the past due to natural phenomena(such as during previous ice ages). Some data indicate that the current global conditions differ from past climate changes in rate and magnitude.These data have led political leaders to take actions designed to reduce GHG emissions generated by human activity. Carbon dioxide is the most abundant GHG. GHGs are the result of both natural and human activity. Forest fires, decomposition, industrial processes, landfills, and consumption of fossil fuels for power generation,transportation, heating, and cooking are the primary sources of GHG emissions. According to the California Energy Commission (CEC), emissions from fossil fuel consumption represent approximately 81 percent of GHG emissions and transportation creates 41 percent of GHG emissions in California. The scientific understanding of the fundamental processes responsible for global climate change has improved over the past decade, and predictive capabilities are advancing. However, there remain significant uncertainties, for example,in predictions of local effects of climate change,occurrence of extreme weather events,effects of aerosols, changes in clouds,shifts in the intensity and distribution of precipitation,and changes in oceanic circulation. Due to the complexity of the Earth's climate system, the uncertainty surrounding climate change may never be completely eliminated. Because of these uncertainties, there continues to be significant debate with respect to the appropriate 6 January 2014 actions to limit and/or respond to climate change. In addition, it is impossible to link a single development project with future specific climate change impacts. 3.1 Regulatory Setting 3.1.1 FEDERAL PLANS,POLICIES,REGULATIONS,AND LAWS The U.S. Environmental Protection Agency(EPA) is the Federal agency responsible for implementing the Federal Clean Air Act(CAA).The Supreme Court of the United States ruled on April 2,2007 that CO2 is an air pollutant as defined under the CAA, and that EPA has the authority to regulate emissions of GHGs. However, there are no Federal regulations or policies regarding GHG emissions that are directly applicable to the Project or that require additional analysis for compliance with the regulations listed below. 3.1.2 STATE PLANS,POLICIES,REGULATIONS,AND LAWS The California Air Resources Board(CARB) is the agency responsible for coordination and oversight of state and local air pollution control programs.Various statewide and local initiatives to reduce the state's contribution to GHG emissions have raised awareness that, even though the various contributors to,and consequences of, global climate change are not yet fully understood, global climate change is under way, and there is a real potential for severe, adverse environmental,social,and economic effects in the long tem. Assembly Bill 1493 In 2002, then-Governor Gray Davis signed AB 1493, which required that ARB develop and adopt, by January 1, 2005,regulations that achieve`the maximum feasible reduction of GHGs emitted by passenger vehicles and light- duty tracks and other vehicles determined by ARB to be vehicles whose primary use is noncommercial personal transportation in the state." To meet the requirements of AS 1493, in 2004 ARB approved amendments to the California Code of Regulations(CCR)adding GHG emissions standards to California's existing standards for motor vehicle emissions. These amendments require automobile manufacturers to meet fleet-average GHG emissions limits for all passenger cars, light-duty trucks within various weight criteria, and medium-duty passenger vehicle weight classes (i.e., any medium-duty,vehicle with a gross vehicle weight (GV W) rating less than 10,000 pounds that is designed primarily for the transportation of persons),beginning with the 2009 model year.For passenger cars and light-duty trucks with a loaded vehicle weight(LV W)of 3,750 pounds or less,the GHG emission limits for the 2016 model year are approximately 37 percent lower than the limits for the first year of the regulations, the 2009 model year. For light-duty trucks with LVW of 3,751 pounds to GVW of 8,500 pounds, as well as medium-duty passenger vehicles, GHG emissions will be reduced approximately 24 percent between 2009 and 2016. On January 24, 2011, the U.S. Department of Transportation (DOT), the EPA and the state of California announced a single timeframe for proposing fuel economy and greenhouse gas standards for model year 2017-2025 cars and light-duty trucks.The standards require these vehicles to meet an estimated combined average emissions level of 250 grams of carbon dioxide per mile in model year 2016,which is equivalent to 35.5 miles per gallon. Executive Order S-3-05 In 2005, in recognition of California's vulnerability to the effects of climate change, Governor Schwarzenegger established Executive Order S-3-05,which sets forth a series of target dates by which statewide emission of GHGs would be progressively reduced, as follows: by 2010,reduce GHG emissions to 2000 levels;by 2020,reduce GHG emissions to 1990 levels;and by 2050,reduce GHG emissions to 80 percent below 1990 levels. Assembly Bill 32 In September 2006,Governor Arnold Schwarzenegger signed AB 32,the California Global Warming Solutions Act of 2006.AS 32 establishes regulatory,reporting,and market mechanisms to achieve quantifiable reductions in GHG emissions and a cap on statewide GHG emissions.AB 32 requires that statewide GHG emissions be reduced to 1990 levels by 2020. In December 2007,ARB approved the 2020 emission limit(1990 level) of 427 million metric tons (MMT) CO2e. The goal requires that California reduce COxe emissions by 169 million metric tons (MMT), or approximately 30%,from the state's projected 2020 emissions level of 596 MMT of CO2e under a business-as-usual scenario. 7 January 2014 Executive Order S-1-07 Executive Order S-1-07,which was signed by Governor Schwarzenegger in 2007, proclaims that the transportation sector is the main source of GHG omissions in California,at over 40 percent of statewide emissions. It establishes a goal that the carbon intensity of transportation fuels sold in California should be reduced by a minimum of 10 percent by 2020.This order also directed ARB to determine if this Low Carbon Fuel Standard could be adopted as a discrete,early-action measure after meeting the mandates in AB 32.ARE adopted the Low Carbon Fuel Standard on April 23,2009. Senate Bill 97 SB 97, signed August 2007, aclrnowledges that climate change is a prominent environmental issue that requires analysis under CEQA. This bill directs the California Office of Planning and Research(OPR) to prepare, develop, and transmit to the Resources Agency guidelines for the feasible mitigation of GHG emissions or the effects of GHG emissions, as required by CEQA by July 1, 2009. The California Natural Resources Agency is required to certify or adopt those guidelines by January 1, 2010. On April 13, 2009, the California Office of Planning and Research submitted to the Secretary for Natural Resources its proposed amendments to the state CEQA Guidelines for GHG emissions, as required by SB 97. On December 30, 2009, the Natural Resources Agency adopted the proposed CEQA Guidelines amendments,as required by SB 97.The amendments became effective March 18,2010. 3.1.3 REGIONAL AND LOCAL PLANS,POLICIES,REGULATIONS,AND LAWS The SCAQMD monitors air quality within the project area and SCAB,which includes Orange County and portions of Los Angeles, Riverside, and San Bernardino counties. SCAB is bounded by the Pacific Ocean to the west; the San Gabriel, San Bernardino and San Jacinto Mountains to the north and east;and the San Diego County line to the south. The SCAQMD also has jurisdiction over the Salton Sea Air Basin and a portion of the Mojave Desert in Riverside County. SCAQMD has not adopted any rides or regulations specific to global climate change or GHG emissions that are applicable to the Project. 3.2 Methodology GHG emissions generated by the Project would predominantly be in the form of carbon dioxide (CO2) and would occur primarily due to combustion sources including construction equipment and on- and off-road vehicle trips. GHG emissions from construction equipment were quantified using spreadsheets populated with horsepower-based composite emission factors, with built-in load factors. The emission factors were obtained from the SCAQMD's website (SCAQMD 2011) and represent the fleet-wide average emission factors during 2014 within the SCAB. GHG emissions from on-road motor vehicles were estimated using CARB's On-Road EMFAC2011 mobile source emission factors,obtained from the EMFAC2011 model output. 3.3 Significance of Impacts The previously certified PEIR did not contain an analysis of global climate change and GHG emissions. As mentioned earlier, amendments to the State CEQA Guidelines for climate change analyses became effective in March 2010. Therefore, climate change analyses were not necessarily required or included in environmental documents prior to this time. Nonetheless, in order to fully analyze and disclose the Project's potential environmental consequences,OCSD has analyzed the Project's potential GHG emission impacts. There are currently two interim significance thresholds for GHG emissions, established by SCAQMD and CARB. The SCAQMD adopted an interim threshold of 10,000 metric tons of carbon dioxide equivalent per year (MTCOte/yr) for industrial projects, including both stationary and mobile source-related emissions (with construction impacts amortized over a 30-year period, plus operational impacts). The CARB interim threshold, which has been proposed but not yet been adopted, is 7,000 MTCOte/yr for non-transportation GHG emission sources,and includes interim performance standard requirements for construction equipment(which have yet to be defined). The SCAQMD interim threshold for industrial projects has been used for this analysis because it applies to mobile source emissions,which is the emission source for the Project construction activities. The analysis quantifies the annual GHG emissions that will result from project related mobile sources during construction,and compares them to SCAQMD's Interim CEQA GHG Significance Threshold of 10,000 MTCO2e/yr. The SCAQMD's interim threshold may be used to evaluate climate change impacts from GHG emissions generated during construction and operation from stationary and transportation-related sources for proposed projects undergoing CEQA review, as described in the Draft Guidance Document — Interim CEQA Greenhouse Gas(GHG)Significance Threshold(SCAQMD 2008). 8 January 2014 As presented in Table 3-1, GHG emissions generated during construction would increase as a result of the proposed activities described above. However, the incremental increase would be less than 26.9 metric tons of carbon dioxide equivalents per year(MTCO2e/yr)and therefore would be less than significant. TABLE 3-1: GHC, EMISSIONS IMPACT ANALVSIS' Source Cote Emissions Total Project CO2,Emissions During Construction,MTCOte/Project 807.7 Amortized Construction GHG(over a 30- earperiod),MTCO2e/30yr 26.9 SCAQMD Interim GHG Threshold for Industrial Projects 10,000 Would the project exceed the SCAQMD interim threshold? No Not.: 1. D nailed emission calculations are presented in Anachment 1. Source: Modelesd by Rama AmShaban,2013 3.4 Application of CEQA Guidelines Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Implementation of the Project would generate greenhouse gases through the construction and routine maintenance of the Project. GHG emissions from the Project would specifically arise from the temporary direct sources, such as motor vehicles and construction related diesel equipment. Emissions from these sources were estimated using the CaIEEMod model based on default emission factors and land use consumption and generation rates. Emissions of greenhouse gases are presented in terms of metric tons of CO2 equivalents (MTCO2e). CO2e is the combination of all greenhouse gas impacts when normalized by comparing the effects of the impacts of each individual gas to that of a reference gas(CO2). This metric allows for the representation of greenhouse gas impacts as a single number. Table 3-1 shows the estimated GHG emissions with respect to the Project. It should be noted that the mitigation measures identified in the certified Air Quality section of the PEIR serve to reduce fugitive dust pollutants and would not reduce GHG emissions. As such, the GHG emissions identified in Table 3-1 reflect the estimated emissions without the incorporation of mitigation identified in the certified PEER. Based on these calculations,the Project would result in emissions of 807.7 MT CO2e/year and,therefore,would be below the SCAQMD's screening-level threshold. Rehabilitation construction and operation of the Project GHG emissions would be well below screening thresholds.The impact of the Project would be less than significant and no mitigation is required. Would the project conflict with any applicable plan,policy,or regulation adopted for the purpose of reducing the emissions ofgreenhouse gases? The County Board of Supervisors adopted a countywide energy and environmental policy (Policy No. 3.045) to provide guidelines for development, implementation, and enhancement of energy-conservation and environmental programs within the County.AB 32 established the goal of reducing GHG emissions in California to 1990 levels by 2020. The proposed SCAQMD screening-level thresholds are designed such that a 90 percent capture rate is achieved. This 90 percent capture rate means that 90 percent of all development projects would need to incorporate some form of emission reductions in order to reduce emissions. These rates are established to be compliant with the AB 32 threshold of reducing GHG emissions to 1990 levels by 2020. The Project's GHG emissions would be below all screening-level thresholds, and thus would not conflict with AB 32 and Policy No. 3.045. Because the Project is compliant with the SCAQMD screening tables and would comply with all regulatory requirements related to GHG emissions, the Project would not conflict with plans, policies or regulations adopted to reduce emissions of greenhouse gases. The impact of the Project would be less than significant and no mitigation is required. 9 January 2014 4.0 BASIS FOR DECISION TO PREPARE AN ADDENDUM CEQA Guidelines Section 15164 explains when an addendum to an EIR shall be prepared: 15164. Addendum to an EIR or Negative Declaration. (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 caWng for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the fatal EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to a PEIR,the lead agency's required findings on the project,or elsewhere in the record.The explanation must be supported by substantial evidence." 5.0 DETERMINATION Based on the information and analysis in this Addendum, and the initial study prepared concurrently with this Addendum,pursuant to Section 15162 of the State CEQA Guidelines the OCSD has determined that: 1. There are no substantial changes to the Project that will require major revisions to the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of significant impacts previously identified in the PEIR; 2. Substantial changes have not occurred in the circumstances under which the Project is being undertaken that will require major revisions of the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of significant impacts previously identified in the PEIR;and 3. There is no new information of substantial importance which was not known and could not have been known at the time the PEIR was certified that shows any of the following: a) The Project will have one or more new significant effects not discussed in the PEIR; b) Significant effects previously examined will be substantially more severe than shown in the PEIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project;or d) Mitigation measures or alternatives which are considerably different from those analyzed in the PEIR would substantially reduce one or more significant effects on the environment. 10 January 2014 6.0 ORGANIZATIONS AND PERSONS CONSULTED 6.1 Preparers Orange County Sanitation District(Lead Agency) Engineering Department Randa AbuShaban Associate Engineer(Air Quality specialist) Daisy Covarrubias Senior Staff Analysts 7.0 REFERENCES Orange County Sanitation District,March,2007. Program Environmental Impact Report, Collection System Improvement Plan. Prepared by Integrated Program Management Systems(IPMS) AECOM, 2013. Balboa Trunk Sewer Rehabilitation Project Air Quality and GHG Impact Analysis Tech Memo. Prepared by AECOM 11 January 2014 APPENDIX A CEQA Environmental Checklist 12 January 2014 5-60 Newport Force Main Rehabilitation Appendix A Discussion of Environmental Checklist The Final Program Environmental Impact Report(PEIR)for the Orange County Sanitation District(OCSD) Collection System Improvement Plan (Plan)was completed in June 2007.The PEIR addressed potential environmental impacts that may result from the construction and operation of the proposed collection system improvement projects as identified in the Plan.The PEIR included analysis and discussion of environmental impacts as a result of the OCSD 5-60 Newport Force Main (NFM) Rehabilitation Project (the proposed Project). Pursuant to CEQA Guidelines Section 15168(c),subsequent activities, such as the implementation of the proposed Project, must be examined in the light of the PEIR to determine whether any new environmental effects would occur or if additional environmental document must be prepared.This Environmental Checklist assesses whether there would be any new impacts not already addressed in the PEIR. Project Description In the PEIR,the proposed Project was described to include replacement or rehabilitation of existing pipe in the NFM system.The force main system extends from the Bay Bridge and Lido Pump Stations to Bitter Point Pump Station in Newport Beach along Pacific Coast Highway(PCH), and Newport Boulevard. During the completion of the PER,OCSD was in the process of assessing the condition of the pipe in the NFM system. OCSD owns and operates a dual barrel ductile iron pipe(DIP)force main system along PCH in Newport Beach, extending from the Bay Bridge northwesterly to Bitter Point, a distance of approximately 14,000 linear feet(LF). It was constructed under numerous contracts starting prior to 1960.Segments of the pipelines have been rehabilitated by a variety of lining systems throughout the over 50-year time span. The pipelines receive flow simultaneously from three OCSD pump stations: (1) Bay Bridge; (2) Rocky Point; and (3) Lido.At one time,the Bitter Point Pump Station also pumped into these pipelines which extended to OCSD Plant 2 in Huntington Beach. Currently,OCSD has completed replacement of the piping from Bitter Point to Plant 2,and the wet well at the new Bitter Point Pump Station will become the discharge terminus of the dual barrel force mains addressed by this project.The NFM serves an area of approximately 15,000 acres in the City of Newport Beach and a small portion of Costa Mesa. Note that the eastern limit of proposed Project is at the force main valve vault on the west side of the Bay Bridge.The consequences of failure along this system would be considerable, if not potentially catastrophic from economic,environmental and community impact standpoints. Its importance in operating continuously on a day to day basis cannot be understated. The dual force mains are currently interconnected at several points via piping and valves and are not redundant in hydraulic capacity at this time. Original force main piping ranges in sizes from 24-to 36-inches-diameter nominal size; however, various re-lining systems constructed overtime have reduced its internal diameter,sometimes significantly, in several reaches. Lining systems have included HOPE slip liners, poly bond, cement mortar and ceramic epoxy. For the most part,the barrels are situated approximately on opposite sides of PCH.The purpose of the overall proposed Project is to rehabilitate or replace the force mains to extend their life using a system of structurally sound technologies. r A-1 Appendix A_EON,onmental Checklist ocx 5-60 Newport Force Main Rehabilitation Appendix A Currently,the Lido Pump Station has dual force mains, both of which are tied only to the South Barrel. The other pumping stations have local valving and piping which enable their flows to be routed directly to either or both of the force main barrels. The ability to route flow from Lido Pump Station to the North Barrel is needed to keep the system in service during rehabilitation of the South Barrel in-lieu of extensive supplemental bypass piping systems.The project is currently planned to construct an extension of one of the Lido force mains to connect to the North Barrel.The proposed Project would remove the crossover connections and associated valves between each of the force mains and would provide for access structures to facilitate reliable operations and maintenance of the force mains. During the preliminary design of the proposed Project, refinements to design details and pipe upsizing and replacement have been developed. Construction of the proposed Project would consist of upgrades to the NFM including the replacement, relining and new construction of 14,000 LF of pipeline.The capacity of the pipelines would remain the same as the existing service capacity, but would provide for adequate redundancy to perform as a reliable system into the future.Construction techniques for the proposed Project would include lining,open-trench excavation for new sewer installations, and pipe removal,all of which have been identified and analyzed in the PER Checklist Format and Conclusions Each resource category in the Environmental Checklist is discussed below.The structure of the discussion is divided into three sections: a summary of the PER evaluation, a summary of the checklist review,and a conclusion whether new environmental effects not examined in the PER have been identified.All feasible mitigation measures from the PER have been incorporated into the project design pursuant to CEQA Guidelines Section 15168(c). Based on the Environmental Checklist review, no new effects have been identified and OCSD can approve the Project as being within the scope of the Project as covered in the PER An Addendum to the PER will be prepared accordingly. r A-2 Appendix A_Envronmental Cheokllyy-0ppv 5-60 Newport Force Main Rehabilitation Appendix A A. Aesthetics Significance Criteria Potentially LemThan Resource Category Significant with Lem Than Significance Criteria Significant M'tigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ ❑p 2. Substantially damage scenic resources,including,but not limited to, home,rock,outcroppings,and historic buildings within a state or ❑ ❑ ❑ p County scenic highway or County-designated scenic road? 3. Substantially degrade the existing visual character or quality of the site ❑ ❑ ® ❑ and Its surroundings that are open to public view? 4. Create a new source of substantial ligrt or glare that would adversely ❑ ❑ IN ❑ affect day or nighttime views in the area? PEIR The Initial Study prepared for the Plan determined that no adverse impact on scenic vistas or a state scenic highway designated by the California Department of Transportation (Caltrans)would occur. Impacts related to visual character and light or glare would be construction-related only and temporary. These impacts would be less than significant. Checklist Review The proposed Project is a short-term construction activity within the pipeline right-of-way with no permanent above-ground features.The proposed construction methods and operation of the pipeline has not changed substantively since the certification of the PEIR.The conclusions of the PER remain valid. New Environmental Effects No new environmental effects would occur. a a A-3 Appendix A_Envronmental Checknyy-0pax 5-60 Newport Force Main Rehabilitation Appendix A B. Agriculture and Forest Resources Significance Criteria Potentially LessThan Resource Category Significant with Less Than Significance Criteria Significant mitigation Significant No Impact Impact Incorporated Impact Would the Prefect: 1. Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance(Famlland),as shown on the maps prepared pursuant to ❑ ❑ ❑ the Farmland Mapping and Monitoring Program of the California IE Resources Agency,to non-agricultural use? 2. Conflict with existing zoning for agricultural use,or a Williamson Act ❑ ❑ ❑ 0 contras? 3. Conflict with existing zoning for,or cause rezoning of,forest land(as defined in Public Resources Code section 12220(p)or timberland(as ❑ ❑ ❑ p defined in Public Resources Code section 4526)? 4. Result in the loss of forest land or conversion of forest land to non- ❑ ❑ ❑ O forest use? 5. Involve other changes in the existing environment,which,due to their location or nature,could result in conversion of Farmland,to non- ❑ ❑ ❑ N agricultural use or conversion of forest land to non-forest use? PEIR The Initial Study prepared for the Plan determined no significant agricultural impacts would occur as the proposed Project would be located in a fully developed urban area.Accordingly,the PEIR did not address agricultural impacts. Checklist Review The proposed Project would occur within the pipeline right-of-way in an urbanized environment. No agricultural or forest resource impacts would occur. New Environmental Effects No new environmental effects would occur. c A-4 Appendix A_Envronmental Checknyy-0pax 5-60 Newport Force Main Rehabilitation Appendix A C. Air Quality Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Conflict with or obstruct implementation of the applicable air quality ❑ ❑ ❑ 0 plan? 2. Violate any air quality standard or contribute substantially to an ❑ 0 ❑ ❑ existing or projected air quality violation? 3. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air qualiystandand)including ❑ 17 ❑ ❑ releasing emissions,which exceed quantitative thresholds for ozone precursors)? 4. Expose sensitive receptorsto substantial pollutant concentrations? ❑ ❑ ® ❑ S. Create objectionable odors affecting a substantial number of people? ❑ ❑ ® ❑ PER The Initial Study prepared for the Plan determined that it would not conflict the Air Quality Management Plan prepared by the South Coast Air Quality Management District(SCAQMD). The PEIR addressed air quality and odor impacts.Air quality construction impacts were evaluated for excavation,sewer installation and paving activities relative to compliance with criteria pollutant emission thresholds adopted by SCAQMD.The PEIR analyzed three separate phases;excavation,sewer installation and paving.The PEIR determined that criteria pollutant emissions for the proposed Project would be below the significance thresholds. Operational air quality inputs from routine sewer line maintenance activities would be consistent with ongoing OCSD operational activities. Operational impacts would be less than significant. Sensitive receptors would not be significantly impacted as the temporary increase in emissions of criteria air pollutants during construction would not be expected to exceed SCAQMD established air quality thresholds for any one of the proposed collection system improvement projects. Emissions associated with operational activities would be minimal and are not anticipated to result in long-term operational impacts that conflict with SCAQMD-established air quality standards. The PEIR determined that each phase of the project would be expected to create some objectionable odors as a result of sewer line modification but the impact would be temporary and less than significant. OCSD uses chemical addition to control odor, and the Project contractor would follow a site-specific odor control plan during construction,which would include monitoring,ventilating,chemical application, material containment limiting atmospheric exposure and activity staging. c A-5 Altai Environmental Checklandoov 5-60 Newport Force Main Rehabilitation Appendix A Checklist Review Construction of the pipeline segments would involve tunneling,cured-in-place pipe(CIPP),and open trench methods similarto those proposed in the PEIR. Mitigation Measures provided in the PER and Mitigation Monitoring and Reporting Requirements(MMRP)would be implemented and air quality impacts would be reduced to a less than significant level. Construction and rehabilitation of the pipelines is not anticipated to create additional objectionable odors beyond those identified in the PEIR, however,further analysis was conducted to verify the information in the PEIR which can be found in the addendum to the certified PEIR.The analysis concluded impacts related to objectionable odors would be less than significant. New Environmental Effects No new environmental effects would occur. A-6 Appendix A_Envronmental Cheokllyy-0ppv 5-60 Newport Force Main Rehabilitation Appendix A D. Biological Resources Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact incorporated Impact Would the Project: 1. Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies or regulations, ❑ ❑ ❑ OO or by the California Department of Fish&Game or U.S.Fish and Wildlife Services? 2. Have a substantial adverse effect on any fourth habitat mother sensitve natural community identified in local or regonal plans, ❑ ❑ ❑ policies,regulations,or by the California Department of Fish and Game 19 or U.S.Fish and Wildlife Service? 3. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of Is Clean WaterAct(including,but not ❑ ❑ ❑ 0 limited to,marsh,vernal pool,coastal,ft.)through direct n:moval, filling,hydrological interruption,or other means? 4. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ Ox migratory wildlife corridors,or impede the use of native wildlife nursery sites? 5. Conflict with any local policies or ordinances protecting biological ❑ ❑ ❑ Ox resources,such as a tree preservation policy or ordinance? 6. Conflict with provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,or other approved local, ❑ ❑ ❑ ❑s regional,or state habitat conservation plan? PEIR The PEIR evaluated biological resources within Orange County and the OCSD service area, noting that the service area is comprised of predominantly densely urbanized, residential, commercial and industrial developments. Potential impacts to biological resources would be largely limited to areas of naturalized habitat and tidal estuarine communities which are associated with several of the Plan projects.The proposed project is located near the tidal estuarine communities present in Newport Bay and the Harbor, but would not affect any natural habitats. Checklist Review The proposed Project pipeline alignment has not changed from what was presented in the PEIR. No areas of natural habitat, or wetlands exist within the footprint of the proposed construction activities. No biological impacts would occur. New Environmental Effects No new environmental effects would occur. a a A-7 Appendix A_Envronmental Checklan dal 5-60 Newport Force Main Rehabilitation Appendix A E. Cultural Resources Significance Criteria Potentially LessThan Resource Category Significant with Lem Than Significance Criteria Significant M'tigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Cause a substantial adverse change in the significance of a historical 11 resource as defined in§15064.5? 2. Cause a substantial adverse change in the significance of an archaeological resource pursuant to§15064.5? 3. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature of paleontologycal or cultural value? 4. Disturb any human remains,including those interred outside of formal cemeteries? PEIR The PER provided an overview of archaeological and paleontological resources within Orange County and the OCSD service area. Four general areas of archaeological sensitivity and five general areas of paleontological sensitivity were identified within the OCSD service area. The proposed Project would be located near the Newport Bay and Harbor but not near sensitive paleontological or archaeological resource areas. For Plan projects within these sensitive areas,the PER recommended mitigation measures requiring additional resource investigations during preliminary design and procedures to follow if resources are encountered during excavation, cultural resources discovery training,avoidance if resources are found,and notification of the county corner in the event human remains are found. Checklist Review The proposed Project is minimally intrusive and would be located within the existing pipeline alignment and public right-of-way. Construction techniques discussed in the PER would be utilized for pipeline construction and rehabilitation. Mitigation Measures provided in the PER and MMRP to reduce impacts to cultural resources would be implemented and impacts would be less than significant. New Environmental Effects No new environmental effects would occur. a a A-6 Appendix A_Envronmental CheoknaL deax 5-60 Newport Force Main Rehabilitation Appendix A F. Geology and Soils Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Expose people or structures to potential substantial adverse effects, including the disk of loss,injury,or death involving: a. Rupture of a known earthquake fault,as delineated on the most recentAlquist-Prole Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence ❑ © ❑ ❑ ofaknownfault? Refer to Division of Mines and Geology Special Publication 42. In. Strongseismic ground shaking? ❑ Is ❑ ❑ c. Seismic-related ground failure,including liquefaction? ❑ © ❑ ❑ d. Landslides? ❑ ❑ ® ❑ 2. Result in substantial soil erosion,siltation,changes in topography and the loss of topsoil or unstable soil conditions from excavation,grading ❑ ❑ ® ❑ orfill? 3. Be located on a geologic unit or soil that is unstable,or that would became unstable as a result of the project,and potentially result in on. ❑ Iq ❑ ❑ or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? 4. Be located on expansive soil,as defined in Table 16-1 of the uniform ❑ El ® ❑ Building Code(2001),creating substantal disks to life or property.+ 5. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not ❑ ❑ ❑ 99 available for the disposal of wastewater' PEIR The PEIR addressed issues associated with seismicity and ground shaking, liquefaction and settlement. It was noted that impacts would be less than significant if pipeline design and construction are in accordance with current engineering practices, including California Building Code, OCSD specifications and requirements,and all applicable seismic engineering guidelines. Furthermore,the PEIR indicated that pipeline rehabilitation would be likelyto improve the seismic reliability of the existing pipelines. Checklist Review The proposed project's pipeline rehabilitation would improve and update the NFM Sewer. Project excavations would be minimal and not to depth and would conform to all applicable engineering standards and practices for worker and property protection. Mitigation Measures identified in the PEIR and MMRP have been applied during the design phase of the project,those stipulated for implementation during construction will also be done to ensure potential seismic and geological impacts are less than significant. New Environmental Effects No new environmental effects would occur. • • A-y Appendix A_Environmental Chocklan.dlocv 5-60 Newport Force Main Rehabilitation Appendix A G. Greenhouse Gas Emissions Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Generate greenhouse gas emissions,eitherdirecdy or indirectly,that 0 may have a signifcant impact on the environment? 2. Conflict with any applicableplan,policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse ❑ ❑ 19 ❑ gases? PEIR No analysis was conducted for Greenhouse Gas Emissions in the PEIR. Checklist Review The greenhouse gas (GHG)emission resource category became a CEQA requirement of Initial Studies and EIRs on January 1, 2010, after the PER was prepared and certified.The impact analysis and conclusions were evaluated in the addendum to the certified PER which shows the proposed project would result in only temporary increases to GHG emissions associated with construction. No permanent emissions would result.The project would not involve substantial truck trips or energy use and would not be expected to emit GHG above the significance thresholds of 10,000 metric tons per year.The impact would be less than significant. New Environmental Effects No new environmental effects would occur. r A-30 appendiva Environmental Checkna(dece 5-60 Newport Force Main Rehabilitation Appendix A H. Hazards and Hazardous Materials Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact incorporated Impact Would the Project: 1. Create a signifcanl hazard to the public or Me environment through the ❑ ❑ ❑ routine transport,use,or disposal of hazardous materials? 2. Create a significant hazard to the public,or the environment through reasonably foreseeable upset and accident conditions involving the ❑ Is ❑ ❑ release of hazardous materials into the environment or risk explosion? 3. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,orwaste within one-quarter mile of an existing ❑ Ig ❑ ❑ or proposed school? 4. Be located on a site which is included on a list of hazardous materials sites compiled formal to Government Code Section 65962.5 and,as ❑ ❑ ❑ a result,would it create a significant hazard to the public or the 19 environment? 5. Fora project located within an airport land use plan or,where such plan has not been adopted,within 2 miles of a public airport,would the ❑ ❑ ❑ project result in a safety hazard for people residing or working in the 91 project area? 6. For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people residing or working in the project ❑ ❑ ❑ 99 area? 7. Impair implementation of or physically interfere with an adopted ❑ © ❑ ❑ emergency response plan or emergency evacuation plan? 8. Expose people or structures to significant disk of loss,injury or death involving wild land fires,including where wild lands are adjacent to ❑ ❑ ❑ 19 urbanized areas orwhere residences are intermixed with wild lands? PEIR The PEIR recognized that operation of the collection system improvements would include use of hazardous materials for odor and corrosion control.Accordingly,the PEIR addressed hazards associated with the transportation, storage, accidental spill,and improper disposal of hazardous materials.The risk of encountering areas of contamination during excavation activities was also addressed. Checklist Review Impacts related to hazards and hazardous have been identified and analyzed in the PEIR.The proposed Project would not differ from what was discussed in the PEIR. Mitigation Measures identified in the PEIR and MMRP have been applied during the design phase of the project,those stipulated for implementation during construction will also be done to ensure impacts related to hazards and hazardous materials are less than significant. New Environmental Effects No new environmental effects would occur. r A-11 Appendix A_Envronmental CheckaSWoax 5-60 Newport Force Main Rehabilitation Appendix A I. Hydrology and Water Quality Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Violate any water quality standards orwaste discharge requirements? ❑ ❑p ❑ ❑ 2. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., ❑ ❑ ❑ 9the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been grentua l? 3. Substantially alter the existing drainage pattern of the site or area, including through the alteration ofthe course of a stream or river,in a ❑ ❑ ❑ manner that would result in substantial erosion or siltation on or off 19 site? 4. Substantially alter the existing drainage pattern of the site or area, including through the alteration of Me course of a stream or river,or ❑ ❑ ❑ substantially increase Me rate or amount of surface runoff in a manner 99 that would result in flooding on or off site? 5. Create or contribute mnoffwater which would exceed the capacity of existing or planned stumwater drainage systems or provide substanfial ❑ ❑ ❑ OO additional sources of polluted runt 6. 0Merwise substantially degrade water quality? ❑ 17 ❑ ❑ 7. Place housing within a 100-year flood hazard area as mapped on federal Flood Hazard Boundary or Flood Insurance Rate Map or other ❑ ❑ ❑ ❑p flood hazard delineation map? S. Place within a 100-year flood hazard area structures that would ❑ ❑ ❑ 19 impede or redirect flood flows? 9. Expose people or structures to a significant disk of loss,injury or death involving flooding as a result of the failure of a levee or dam,or ❑ ❑ ❑ 0 inundation by seiche,tsunami,or mudflover PEIR Because construction activities would involve soil disturbance such as excavation and soil stockpiling, the PEIR addressed increased stormwater erosion and sedimentation to surface waters.The use of heavy equipment could also result in the addition of petroleum hydrocarbons,oils and grease to stormwater flowing across areas of construction. Construction activities would be limited to the installation of sewer improvements and would have no impact to the underlying groundwater quality.The PEIR also recognized the possible need for construction dewatering activities and the requirement to comply with Regional Water Quality Control Board regulations that govern such dischargers.Additionally, operation of the proposed sewer improvements would have no impact to the quality of surface water or groundwater. r A-12 Appendix A_Envronmental Checklan dal 5-60 Newport Force Main Rehabilitation Appendix A Checklist Review Impacts related to hydrology and water quality have been identified and analyzed in the PEIR. The proposed project would not differ from what was discussed in the PEIR. Appropriate controls for addressing water quality impacts were addressed in the PEIR.The proposed Project would implement Mitigation Measures identified in the PEIR and MMRP to ensure impacts related to the quality of surface water are reduced to less than significant levels. New Environmental Effects No new environmental effects would occur. r A-13 Appendix A_Envronmental Cheokllyy-0ppv 5-60 Newport Force Main Rehabilitation Appendix A I Land Use and Planning Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Physically divide an established community+ ❑ ❑ ❑ 19 2. Conflict with any applicable land use plan,policy,or regulation of an agency with jurisdiction over the project(including,but not limited to, the general plan,specific plan,local coastal program,or mining ❑ ® ❑ ❑ ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? 3. Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑ 91 community conservation plan? PEIR The PER addressed conflicts with any applicable land use plan, policy or regulation of an agency with jurisdiction over a project adopted for the purpose of avoiding or mitigating an environmental effect. Land uses along the proposed Project alignment were identified as commercial, industrial, residential and transportation. In addition, Newport Beach City Hall, Newport Beach Library, Peninsula Park,two places of worship,and a school are also identified in the within the Project area.Various land use compatibility issues were analyzed. Mitigation measures were provided to reduce land use impacts included providing notices of construction to adjacent property owners, coordinating with local officials to maintain 24-hour emergency access, minimizing access to driveways, and use of appropriate signage. Operation and maintenance activities would be minimal and generally include routine maintenance and monitoring activities. It is not anticipated to conflict with applicable land use plans, policies or regulations.The proposed Project would continue the existing operation of the collection system, which conforms to applicable zoning and land use plans and policies. Checklist Review The proposed Project includes the rehabilitation and upgrading of the NFM Sewer.The pipelines would be located within existing right-of-ways and would conform to applicable zoning and land use plans and policies of the collection system.The proposed Project would implement Mitigation Measures as identified in the PER and the MMRP to ensure pipeline improvements would not conflict with the applicable land use plans, policies or regulations. Impacts would be reduced to less than significant levels. New Environmental Effects No new environmental effects would occur. r A-14 appendiva Environmental Checknakdace 5-60 Newport Force Main Rehabilitation Appendix A K. Mineral Resources Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Result in the loss of availability of a known mineral resource that would 0 be ofvaluew the region and the residents of the state? 2. Result in the loss of availability ofa locally important mineral resource recovery site delineated on a local general plan,specific plan or other ❑ ❑ ❑ [is land use plan? PEIR The Initial Study determined that the Plan and its proposed collection system improvements would be located within developed areas and within existing collection system right-of-ways. No known or locally- important mineral resources would be lost as result of the Plan.The PER did not address this resource category. Checklist Review The proposed Project alignment as described in the Plan and PER would be located within the existing collection system and right-of-way. No mineral resources would occur. New Environmental Effects No new environmental effects would occur. r A-15 Appendix A_Envronmental ChecknaL deax 5-60 Newport Force Main Rehabilitation Appendix A L. Noise Significance Criteria Potentially Lessrhan Resource Category Significant with Lem Than Significance Criteria Significant M'tigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or ❑ © ❑ ❑ applicable standards of other agencies? 2. Exposure of persons to,or generation of,excessive ground-borne ❑ ❑ IN ❑ vibration or ground-borne noise levels? 3. Asubstantial permanent increase in ambient noise levels in the project ❑ ❑ ® ❑ vicinity above levels existing without the project? 4. A substantial temporary or periodic increase in ambient noise levels in ❑ ® ❑ ❑ the project vicinity above levels existing without the project? 5. For a project located within an airport land use plan or,where such plan has not been adopted,within 2 miles of a public airport or public ❑ ❑ ❑ use airport,would the project expose people residing orwoddng in Ole project area to excessive noise levels? 6. For a poled within the vicinity of a private airstrip,would the project expose people residing or working in the project area to excessive noise ❑ ❑ ❑ 19 levels? PER The PEIR addressed construction and operational noise generation and vibration. Operational noise impacts were less than significant. During construction of the proposed Project,trench excavation,sewer pipe installation, paving activities and construction-related truck trips would generate temporary noise levels in the immediate area that would reach 85 dBA at the nearest locations. Nonetheless, construction noise would be temporary, intermittent, and variable in magnitude.Construction activities would only occur during times allowed by the Newport Beach Noise Ordinance(7 a.m.to 6:30 p.m.on weekdays and 7 a.m.to 6 p.m. on Saturdays,and no time on Sunday or federal holidays). Mitigation Measures required compliance with applicable codes of local jurisdiction, noise monitoring and reporting,and use of noise reduction measures. Ground-borne vibrations may also affect the areas located alongsewer improvement alignments;though vibrations associated with construction activities would be intermittent. Perceptible vibrations would be typically felt within 10 or 15 feet of the construction activity. Mitigation Measure 3.9-2 requires that during project-level review,specific areas susceptible to ground-borne vibration be identified and appropriate safeguards employed.While implementation of the mitigation measures would be effective, the PER concluded that in some instances construction-related noise impacts could be disruptive and could conflict with city noise ordinances, resulting in a significant unavoidable construction-related noise impact. a r A-16 Appendix A_Envronmental ChecknaL deax 5-60 Newport Force Main Rehabilitation Appendix A Checklist Review Construction activities forthe proposed Project would utilize CIPP, which is a minimally invasive technology with minimal excavations,and can be completed quickly—generally, a typical 1,000-to 1,500-foot pipeline segment can be completed within one week.The proposed Project would also utilize tunneling and open cut construction methods for sewer pipe installation and replacement.The proposed Project would comply with the Newport Beach Noise Ordinance and also implement Mitigation Measures identified in the PER and MMRP.To further reduce noise and vibration impacts to sensitive areas surrounding the project area, particularly the art gallery located along the pipeline alignment on PCH, that section of pipeline would be lined utilizing CIPP rather than replaced through trenching. Compliance with local city noise ordinances,together with other mitigation identified in the PER, would result in construction noise impacts less than that described in the PEIR.Similarly, because of the nature of construction activities,any increased vibration should be minimal and restricted to the immediate excavation site without affecting adjacent land uses. Construction-related noise and vibration levels would be less than that discussed in the PEIR. New Environmental Effects No new environmental effects would occur. A-17 Appendix A_Envronmental Cheokllyy-0ppv 5-60 Newport Force Main Rehabilitation Appendix A M. Population and Housing Significance Criteria Potentially LemThan Resource Category Significant with Lem Than Significance Criteria Significant M'tigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Induce substantial population growth in an area,either directly(for example,by proposing new homes and businesses)or indirectly(for ❑ ❑ 0 ❑ example,through extension of roads or other infmstmcturl 2. Displace substantial numbers of existing housing,necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? 3. Displace substantial numbers of people,necessitating the ❑ ❑ ❑ f7 constroction of replacement housing elsewhere? PEIR The Plan was developed to accommodate planned growth within OCSD's services area and provide beneficial improvements to regional wastewater conveyance facilities.The PER determined that proposed improvements associated with sewer capacity deficiencies,such as the proposed Project, would accommodate planned growth and reduce surcharging in sewers.The Plan would accommodate planned growth but would not induce growth.The PER concluded that the significant growth inducing impacts would not occur. Checklist Review The proposed Project involves the upgrading and replacement of the NFM Sewer and would not change the facility capacity.The proposed Project would accommodate planned growth to the OCSD service area and is not anticipated to induce new growth to the area. In addition,the pipeline would be designed to meet the hydraulic design criteria for ultimate 2030 flow conditions and thereby be consistent with OCSD's Master Plan. No population or housing impacts would occur.The project is sufficiently analyzed in the PER. New Environmental Effects No new environmental effects would occur. r A-18 Appendix A_Envronmental Cheoknyy-0pax 5-60 Newport Force Main Rehabilitation Appendix A N. Public Services Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios,response from,or other performance objectives for any of the public services: a. Fire protection? ❑ © ❑ ❑ b. Police protection? ❑ 0 ❑ ❑ c. schools? ❑ © ❑ ❑ d. Parks? ❑ © ❑ ❑ e. Electric power ornatural gas? ❑ 0 ❑ ❑ f. Communication? ❑ © ❑ ❑ g. Other public facilities? ❑ © ❑ ❑ PEIR The PER addressed potential impacts to fire, police and emergency medical services from construction of the proposed sewer improvement projects. Construction of the improvement projects could increase response times during emergencies; however, coordination with fire stations and emergency medical facilities would occur to ensure emergency vehicle access is maintained. Potential hazards could also occur if persons enter construction areas. Utility lines would be protected or relocated during construction limiting possible impacts to utilities. Mitigation Measures identified in the PER requires a development and implementation of a traffic control plan, advance notice to service providers, construction site controls,and measures to identify and protect utilities during excavation. Implementation of mitigation measures would reduce impacts to a less than significant level. Checklist Review The proposed Project would implementthe Mitigation Measures as identified in the PER and MMRP. The proposed Project would result in the same impacts as identified in the PER and impacts would be less than significant with mitigation. New Environmental Effects No new environmental effects would occur. e A-19 Appendix A_Envronmental Checklan dal 5-60 Newport Force Main Rehabilitation Appendix A 0. Recreation Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Significant No Impact Impact Mitigation incorporated Impact Would the Project: 1. Increase the use of existing neighborhood and rein l parks or other recreational facilities such thatsubstantial physical deterioration of ❑ ❑ ❑ 17 the facility would occur or be accelerated? 2. Include recreational facilities or require the construction of recreational facilities which might have an adverse physical effect on the ❑ ❑ ❑ environment? PEIR The Initial Study for the Plan determined no significant recreational impacts would occur.Accordingly, the PER did not address this resource category. Checklist Review The proposed Project involves rehabilitation of the NFM Trunk Sewer within the existing right-of-way. No recreational impacts would occur. New Environmental Effects No new environmental effects would occur. v A-20 Appendix A_Envronmental CheoknaL deax 5-60 Newport Force Main Rehabilitation Appendix A P. Transportation/Traffic Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact incorporated Impact Would the Project: 1. Cause an increase in traffic,which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in either the number of vehicle trips,the volume to ❑ © ❑ ❑ capacity ratio on roads,or congestion at intersections)? 2. Exceed,either individually or cumulatively,a level of service standard established by the county congestion management agency for ❑ ® ❑ ❑ designated roads or highways? 3. Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location Mat results in substantial safety ❑ ❑ ❑ p: risks? 4. Substantially increase hazards due to a design feature(e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm ❑ ❑ ❑ pp S. Result in inadequate emergency access? ❑ 17 ❑ ❑ 6. Conflict with adopted policies,plans,or programs supporting ❑ ❑ ❑ Ox alternative transportation(e.g.,bus turnouts,bicycle racks)? PEIR The PEIR analyzed the traffic impacts associated with the various construction methods forth e collection system improvement projects, noting that limited lane closures would be anticipated, impacts to circulation routes would be short term, and affected roadways would be restored to fully operational conditions. Construction activities may also include the import and export of soils and pavement, and worker trips resulting in a maximum of 17 worker trips daily. In addition, limited road closures and lane closures would also occur; however,sufficient lane widths would be able to accommodate trench construction. In the event a road closure is needed, local access would be maintained with traffic detours to adjacent roadways. Mitigation Measures were provided to address traffic issues and requires implementation of approved traffic control plans and compliance with encroachment permit conditions issued by the appropriate local jurisdiction.The PER concluded that even with implementation of available mitigation measures, construction-related transportation and traffic impacts would remain significant and unavoidable. Checklist Review The proposed Project could impact traffic within public right-of-ways. Construction of the NFM Sewer pipelines would be located within the existing rightof-ways. Construction of the pipelines would commence from the Bay Bridge and A Street Pump Stations to the Bitter Point Pump Station in Newport Beach along PCH, Newport Beach and Balboa Boulevards. Construction activities would utilize the CIPP, tunnel,and open cut method to upsize and replace the existing pipeline.Such methods would require the removal and exporting of pavement and soils off-site and the import of backfill to stockpiles near the open trench for fill. Construction activities within public right-of-ways would require limited lane closures during the construction of approximately 20 months.Although the time frame for the project is longer than the 6-months mentioned in the PEIR, construction-related transportation and traffic impacts v A-21 Appendix A_Eomronmental Checku t.dacv 5-60 Newport Force Main Rehabilitation Appendix A are already noted as significant and unavoidable. However, as discussed in the PER, roadways affected by the proposed Project would have sufficient widths to accommodate trench construction and are anticipated to accommodate localized lane closures. In addition,the proposed Project would have a maximum of 17 worker trips, as discussed in the PER,though the addition of worker trips would be minimal compared to the overall average daily trips accommodated on the impacted roadways. The proposed Project would result in construction-related impacts to traffic similar to the impacts analyzed in the PER As a result,traffic impacts would be less than significant with mitigation. Implementation of the Mitigation Measures identified in the PER and MMRP would reduce impacts to less than significant levels. New Environmental Effects No new environmental effects would occur. r A-22 Appendix A_Envronmental Cheokllyy-0ppv 5-60 Newport Force Main Rehabilitation Appendix A Q. Utilities and Service Systems Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact incorporated Impact Would the Project: 1. Exceed wastewater treatment requirements of the applicable Regional El 19 Water Quality Control Board? ❑ ❑ 2. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction ❑ ❑ ❑ ❑x of which could cause significant environmental effects? 3. Require or result in the construction of new stomlwater drainage facilities or expansion of"sting facilities,the construction of which ❑ ❑ ❑ 0 could cause significant environmental effects? 4. Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or expanded ❑ ❑ ❑ p entitlements needed? 5. Result in a determination bythe wastewatertreatment providerwhich serves or may serve theprojectthat it has adequate capaciryw serve ❑ ❑ ❑ f7 the projects projected demand in addition to the provider's existing commitments? 6. Be served by a landfill with sufficient permitted capacity to ❑ ❑ accommodate the project's solid waste disposal needs? 7. Comply with federal,state,and local statues and regulations related to ❑ ❑ ❑ 19 solidwaste? PEIR The PEIR determined that impacts to utilities and service systems would not occur.The collection system improvements are specific to existing and projected deficiencies and would not result in the construction of new water or wastewater treatment facilities nor impact existing supplies and utilities. Impacts related to solid waste disposal would be less than significant as small amounts of debris or solid waste is not anticipated to affect the capacity of existing landfills.The PEIR did not address this resource category. Checklist Review The proposed project is consistent with the project analyzed in the PEIR.The proposed Project would occur within the pipeline right-of-way in an urbanized environment and would not impact existing utility and service systems. No utility and service system impacts would occur. New Environmental Effects No new environmental effects would occur. r A-23 Appendix A_Envronmental Checklan dal 5-60 Newport Force Main Rehabilitation Appendix A R. Mandatory Findings of Significance Significance Criteria Resource Category significant wit Lem Than Significance Criteria Significant Mitigation Significant No Impact Impact Incorporated Impact Would the Project: 1. Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish orwildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community, ❑ ❑ ❑ ❑E reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 2. Does the project have impacts Mat are individually limited,but cumulatively considerable?("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in ❑ © ❑ ❑ connection with the effects of pan projects,the effects of current projects,and the effects of probable future projects)? 3. Does the project have environmental effects which would cause substantial adverse effects on human beings,either directly or ❑ 0 ❑ ❑ indirectly? PEIR The PEIR determined that rehabilitation of the NFM Trunk Sewer Project would not have biological or cultural resource impacts.The PER concluded that construction-related noise and construction-related road closures would be significant and unavoidable,and these conclusions would remain in the context of reasonably foreseeable future projects identified for the study area. Construction mitigation measures would reduce adverse effects to human beings to less than significant levels. Checklist Review The proposed Project is consistent with the project analyzed in the PEIR. Construction measures would be used to mitigate project impacts. New Environmental Effects No new environmental effects would occur. r A-24 Appendix A_Envronmental ChecknaL danx APPENDIX B Air Quality and Greenhouse Gas Emissions 36 January 2014 Newport Force Main Rehabilitation Project Air Quality and GHG Impact Summary November 26,2013 Introduction The Newport Force Main(NFM) system consists of a dual barrel ductile iron pipe system that conveys wastewater flow collected from the majority of the City of Newport Beach, including the entire Balboa Peninsula and around Newport Bay, and portions of the City of Costa Mesa. It conveys up to approximately 36 million gallons per day through more than 5 miles of pressure pipe along the Pacific Coast Highway(PCH). The system is more than 50 years old and has experienced multiple structural failures due to corrosion since 1984. The system also lacks the necessary reliability,redundancy and operational flexibility to respond to a failure without risk of causing a major impact to the surrounding community,environmental resources,businesses and residences. The purpose of the project is to rehabilitate the entire NFM system from the Bay Bridge to Bitter Point Pump Station to allow for a life extension of 50 years of reliable operations. Key elements of the rehabilitation project are necessary to increase system reliability and reduce the risk of Sanitary Sewer Overflows (SSOs), to more safely operate the system by minimizing OCSD staff from operating valves from within the vehicular roadway along PCH, and to eliminate the hydraulic deficiency of the South Barrel of the NFM system enabling construction without disruptive,in-street bypass piping.Relieving this hydraulic bottleneck during this project will prepare the system for the near-term upgrades to the Bay Bridge Pump Station and not require a second construction period 4 to 5 years later. The project will require significant construction activities associated with multiple rehabilitation methods,including Cued-in-Place-Pipe (CB'P) rehabilitation, open cut method replacement, and tunneling for replacement of pipe in difficult-to access locations. Air Quality Impact Summary Construction emissions from the operation of diesel-fueled of-road equipment were estimated by multiplying peak daily usage by equipment-specific emission factors.Horsepower-based composite factors,with built-in load factors, were utilized to estimate peak daily emissions.The emission factors were obtained from the South Coast Air Quality Management District's website(SCAQMD 2011)and represent the fleet-wide average emission factors during 2013 within the South Coast Air Basin(SCAB).Criteria pollutant emissions from on-road motor vehicles were estimated using CARB's On-Road EMFAC2011 mobile source emission factors, obtained from the EMFAC2011 model output. Peak daily emissions include both onsite and offsite emissions; onsite emission are generated by sources within the footprint of the project area; offsite emission are generated by sources such as vendor haul nips due to import or export of construction materials. Air quality impacts during construction of the proposed project are presented in Table l below. Peak daily construction emissions are summarized and are also compared to the established SCAQMD regional mass daily emission thresholds and localized significance thresholds(LSTs)for construction. 37 January 2014 DailyTable 1: Peak Criteria Pollutants, Iblda Equipment Type ROG CO NOX SOX PM10 PM2.5 Onsite Offroad Equipment 1.24 7.36 10.13 0.02 0.49 0.45 Onroad Equipment 0.03 0.19 0.15 0.00 0.01 0.01 Offsite Onroad Equipment _ 0.28 2.27 1.18 0.00 0.06 0.05 Regional Impact Evaluation Total Daily Emissions 1.54 9.82 11.46 0.03 0.56 0.50 Regional Thresholds 75 1 550 J 100 1 150 1 150 55 Exceed Regional Thresholds Y/N ? No No No No No No Localized impact Evaluation Total Daily Offsite Emission 0.28 2.27 1.18 0.00 0.06 0.05 Localized Si nifcance Thresholds 647 92 4 3 Exceed LST(YIN)? No No No No No No As presented in Table 1,regional and localized air quality impacts would not exceed the SCAQMD's thresholds of significance.Therefore,impacts would be less than significant. Greenhouse Gas Impact Summary GHG emissions generated by the proposed project would predominantly be in the form of carbon dioxide(CO2)and would occur primarily due to combustion sources including construction equipment and on- and off-road vehicle trips. GHG emissions from construction equipment were quantified using spreadsheets populated with horsepower- based composite emission factors,with built-in load factors. The emission factors were obtained from the SCAQMD's website (SCAQMD 2011) and represent the fleet-wide average emission factors during 2013 within the SCAB. GHG emissions from on-road motor vehicles were estimated using CARB's On-Road EMFAC2011 mobile source emission factors, obtained from the EMFAC2011 model output. Source COie Emissions Total Project COta Emissions During Construction,MTCOte/Pro'ect 807.7 Amortized Construction GHG over a 30- eaz period),MTCO2e/30- 26.9 SCAQMD Interim GHG Threshold for Industrial Projects 1 10,000 Would the project exceed the SCAQMD interim threshold? No Notes: 2. Detailed emission calculations are presrn[ed in Attachmrn[1. Source: Modeled by Randa AbuShaban,2013 As presented in Table 2, greenhouse gas(GHG)emissions generated timing construction would increase as a result of the proposed activities described above. However, the incremental increase would be less than 27 metric tons of carbon dioxide equivalent per year(MTCO2e/yr)and therefore would be less than significant. 38 January 2014 ITEM NO. 5 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Facilities Support Services Orange County Sanitation District A regular meeting of the Operations Committee of the Orange County Sanitation District was held on March 5, 2014, at 5:00 p.m. at the District's Administrative Office. Director Smith led the Flag Salute. A quorum was declared present, as follows: Operations Directors Present: Staff Present: John Nielsen, Chair Jim Herberg, General Manager Brett Murdock, Vice-Chair Nick Kanetis, Director of Engineering Keith Curry Nick Arhontes, Director of Facilities Support Lucille Kring Services Michael Levitt Ed Torres, Director of Operations & Maintenance Steve Nagel Lorenzo Tyner, Director of Finance & Scott Nelson Administrative Services Greg Sebourn Jeff Reed, Director of Human Resources David Shawver Maria Ayala, Clerk of the Board Fred Smith Jeff Armstrong Troy Edgar, Board Chair Jennifer Cabral Tom Beamish, Board Vice-Chair Sam Choi Jim Colston Operations Directors Absent: Ron Coss Steve Jones Dean Fisher Norbert Gaia Al Garcia Todd Haynes Rob Thompson Von Winckelmann Others Present: Brad Hogin, General Counsel PUBLIC COMMENTS: No public comments. REPORT OF COMMITTEE CHAIR: Committee Chair, John Nielsen did not provide a report. 03/05/2014 Operations Committee Minutes Page 1 of 5 REPORT OF GENERAL MANAGER: General Manager, Jim Herberg, announced that an email from the Clerk of the Board had been sent to the Board today regarding the 601" Anniversary Recognition for the District in Sacramento. He asked the Committee to please contact Maria Ayala with any questions or for additional information. Mr. Herberg also announced the departure of Nick Kanetis, Director of Engineering, at the end of this week. Mr. Kanetis will provide a brief report at the end of the meeting. CONSENT CALENDAR: 1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of February 5, 2014, Operations Committee meeting. AYES: Beamish, Curry, Kring, Levitt, Murdock, Nelson, Nielsen, Sebourn, and Smith NOES: None ABSTENTIONS: None ABSENT: Edgar, Jones, Nagel, and Shawver 2. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve a contingency increase of $265,048 (8%) to the construction contract with Charles King Company, Inc. for the Balboa Trunk Sewer Rehabilitation, Project No. 5-47, for a total contingency of$662,620 (20%). AYES: Beamish, Curry, Kring, Levitt, Murdock, Nelson, Nielsen, Sebourn, and Smith NOES: None ABSTENTIONS: None ABSENT: Edgar, Jones, Nagel, and Shawver 03105114 Operations Committee Minutes Page 2 of 5 3. MOVED, SECONDED, and DULY CARRIED: A. Award a Professional Consultant Services Agreement for Specification No. CS-2013-592BD to Environmental Engineering and Contracting, Inc. (EEC) for Technical Evaluation for Local Limits Development, for a total amount not to exceed $148,504; and B. Approve a contingency of$14,850 (10%). AYES: Beamish, Curry, Kring, Levitt, Murdock, Nelson, Nielsen, Sebourn, and Smith NOES: None ABSTENTIONS: None ABSENT: Edgar, Jones, Nagel, and Shawver NON-CONSENT: Rob Thompson, Engineering Manager, gave a brief PowerPoint presentation on the study to be done on the digesters. He explained some of the challenges that the District is facing with the current state of the digesters; and what kind of information the study and analysis will help to provide. (Directors Edgar, Nagel, and Shawver arrived at 5:07 p.m, to the meeting.) 4. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: A. Approve a budget increase of $100,000 for a total project budget of $300,000, for Project No. SP-186, Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study; and B. Approve a Professional Services Agreement with Brown and Caldwell for providing Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study, Project No. SP-186, for an amount not to exceed $284,069; and C. Approve a contingency of$9,500 (3.34%). 03/05/14 Operations committee Minutes Page 3 of 5 AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel, Nelson, Nielsen, Sebourn, Shawver, and Smith NOES: None ABSTENTIONS: None ABSENT: Jones INFORMATION ITEMS: 5. Ocean Water Quality and Disinfection Program Ed Torres, Director of Maintenance and Operations, introduced Ron Coss, Environmental Lab and OM Manager, who provided an update on the strategic initiative of optimizing the disinfection of the ocean outfall. He introduced Dr. Jeff Armstrong, Environmental Supervisor, Mike Von Winckelmann, Laboratory Supervisor, and Dr. Sam Choi, Principal Laboratory Analyst who were also in attendance. Staff answered questions from the Committee regarding environmental agencies, disinfection, impacts on marine life, etc. DEPARTMENT HEAD REPORT: Nick Kanetis, Director of Engineering, gave a report on Project 5-60, the Newport Force Main Project, and the forthcoming awarding of the construction contract for this project. Mr. Kanetis explained about the bids received, and the work to be done with this project. Mr. Kanetis responded to questions from the Committee regarding the awarding of the bid, work scope, etc. Mr. Kanetis announced that this would be his last Operations Committee Meeting, as he had accepted a position with another agency, and his last day with the District would be on March 71". He thanked the Committee and District staff and expressed praise for the Sanitation District. Mr. Kanetis also announced that Todd Haynes, Engineering Manager, would be retiring this month. He thanked Todd for his work with the District. 03/05/14 Operations Committee Minutes Page 4 of 5 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Shawver thanked Mr. Herberg and District staff for a variety of work that the Sanitation District did on his street. The work was very well organized with the most minimal impact on the community. ADJOURNMENT Committee Chair Nielsen declared the meeting adjourned at 5:45 p.m. Submitted by Maria E. Ayala, Clerk of the Board 03/05/14 Operations Committee Minutes Page 5 of 5 OPERATIONS COMMITTEE Meeting Date To9A.of Dir. 031051" 03/26/l4 AGENDA REPORT Item Number Item Nu bar 2 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: BALBOA TRUNK SEWER REHABILITATION, PROJECT NO. 547 GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of $265,048 (8%) to the construction contract with Charles King Company, Inc. for the Balboa Trunk Sewer Rehabilitation, Project No. 5-47, for a total contingency of$662,620 (20%). SUMMARY Balboa Trunk Sewer Rehabilitation, Project No. 5-47, will rehabilitate approximately 12,000 feet of sewer pipeline located along Newport and Balboa Boulevards between A Street Pump Station and Lido Pump Station, in the City of Newport Beach. The project was designed by AECOM Technical Services, Inc. and the construction contract was competitively bid and awarded to Charles King Company, Inc. in July 2013. The project began construction in November 2013 and significant water infiltration from groundwater was discovered beyond what was contemplated in the contract. This groundwater causes curing problems with the Cured-in-Place Pipe (CIPP) liner and extra work is required to seal the leaks to allow proper liner installation. To determine the extent of the issues, a survey of the entire pipeline was performed and an analysis was done to review options with the contractor. Currently three of ten lining segments have been completed using grout injection of the pipeline to seal the leaks. While significant additional costs have been incurred to mitigate the issues, there is confidence that the methods being employed are effective and are the best way to proceed moving forward to complete the rehabilitation prior to the summer deadline. Many of the remaining segments do not appear to be as difficult as the segments completed. Additional contingency is needed to complete the construction and to eliminate all significant groundwater infiltration in advance of installation of the CIPP liner. The total additional work for the project is estimated at $662,620 and the approved contingency of 12% is insufficient to cover costs for the anticipated changes. Page 1 of 3 The budget for the construction on this project was estimated at $5,700,000 and the construction contract was awarded for $3,313,100 based upon the bid results. The project budget has not yet been adjusted to reflect the new construction value and therefore contains sufficient funding for this additional contingency request. PRIOR COMMITTEE/BOARD ACTIONS July 2013 — Awarded a construction contract to Charles King Company, Inc. for a total amount not to exceed $3,313,100, and approved a contingency of$397,572 (12%). ADDITIONAL INFORMATION For pipe rehabilitation projects, one of the first items of work is to clean the pipe and perform a pre-construction survey of the pipeline using closed-circuit television (CCTV) to ensure the liner can be installed without any major defects. During this survey of the sewer, the project team identified significant groundwater infiltration into the pipe through cracks in the pipe and at pipe joints. The use of chemical grout and/or a preliner is required to stop all significant infiltration prior to the installation of the CIPP liner in order to ensure a good lining product. The need for chemical grouting is unpredictable and could change significantly depending on the groundwater level (which is influenced by tide) and other factors. In some instances, sealing a leak can result in multiple leaks in a different location. Currently, three out of ten lining segments have been rehabilitated successfully. Prior to the lining of each of the three segments, a total of 50 joints were identified to be leaking and therefore needed to be chemical-grouted prior to the lining operation. The estimated field change order costs for the chemical grouting portion of work alone for these three lining segments totaled $141,564. With seven lining segments remaining, it is anticipated that additional contingency is needed for the chemical grouting and other unknown conditions originally not anticipated in the project scope of work. Based on the information collected from the pipeline survey and the success of the work performed to date, the project team estimates that the additional contingency requested in this action will be sufficient to mitigate the pipeline infiltration and allow the project to move forward to completion. It is also anticipated that there may be some minor delays, but that the work can progress largely on schedule and be completed before the summer months which is critical in Newport Beach. CECIA The project was included in the June 2007 Collection System Improvement Plan Program Environmental Impact Report (PEIR), which was certified on August 22, 2007. A Notice of Determination was filed on August 23, 2007. An Addendum to the PEIR was prepared and filed on July 24, 2013. Page 2 of 3 BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (FY2013-14 Update, Page A-7) and the budget is sufficient for the recommended action. Date of Aooroval Contract Amount Continaencv 07/24/13 $3,313,100 $397,572 (12%) 03/26/14 $265,048 (8%) $662,620 (20%) NK:EY:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date TOBA.Of Dir. 03/05/14 03/26/14 AGENDA REPORT Item Number Item Numbe 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: PLANT NO. 2 DIGESTERS AND TUNNELS SEISMIC HAZARD EVALUATION, RISK ANALYSIS AND MITIGATION STUDY, PROJECT NO. SP-186 GENERAL MANAGER'S RECOMMENDATION A. Approve a budget increase of $100,000 for a total project budget of$300,000, for Project No. SP-186, Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study; and B. Approve a Professional Services Agreement with Brown and Caldwell for providing Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study, Project No. SP-186, for an amount not to exceed $284,069; and C. Approve a contingency of$9,500 (3.34%) SUMMARY The Orange County Sanitation District (Sanitation District) desires the services of a consulting engineering firm to conduct Plant No. 2 Digesters and Tunnels Geotechnical and Seismic Hazard Evaluation, Risk Analysis and Mitigation Study. This study will quantify the vulnerability of Plant No. 2 digesters, digesters pump rooms, and tunnels to damage or failure following an earthquake using a code compliance check, and to identify retrofits that may improve the reliability and continued operation of those facilities. The purpose of this study is to address these needs by providing a geotechnical, seismic, and structural assessment of code compliance for all the digesters (C through T), as well as corresponding pump rooms and tunnels at Plant No. 2. The results of this study will be used to provide a direction to determine an end of life timeline for these assets and optimize future planned rehabilitation efforts for the Plant No. 2 Digesters and Boilers. Page 1 of 3 In response to a Request for Proposal (RFP) four firms submitted proposals. Sanitation District staff reviewed the proposals in accordance with Sanitation District policy. After an initial review of the four submitted proposals, the top two firms were interviewed by staff. Based on the project understanding and approach, related project experience, and project team and qualifications, staff recommends awarding a Professional Services Agreement (PSA) to Brown and Caldwell, for an amount not to exceed $284,069. Staff has become aware of condition related problems with the digester domes, floors, and geotechnical vulnerabilities at Plant No. 2 digester complex. This study work is essential to determine if the digester tanks and structures are able to provide long term resilient service. A follow on process optimization study is planned once the conditions of the current assets are better understood. Process technology advancements have revealed the opportunity for process improvements in the Plant No. 2 Digesters and Boilers. This two-step study approach will provide a comprehensive plan to support future design and construction projects in the Plant No. 2 Digesters and Boilers area. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Request for Proposals (RFP) An RFP which outlined the Scope of Work and selection criteria for this study was sent to all firms who were registered in the Online Bidding System. Four proposals were received. A panel of staff members reviewed and ranked each proposal in accordance with the evaluation process set forth in the Sanitation District's Resolution No. OCSD 07-04, Section 5.07. The proposals were evaluated and ranked according to the following criteria: Evaluation Criteria Weighting Project Understanding and Approach 30% Related Project Experience 35% Project Team and Staff Qualifications 35% PROPOSAL EVALUATION & RANKING Consultant Rankin Brown and Caldwell 1 Carollo 2 HDR 3 RMS Engineering and Design, Inc. 4 Page 2 of 3 The top two firms were invited to give presentations and were interviewed by staff. The Brown and Caldwell team has the combination of the digester facilities geotechnical, seismic structural assessment, and wastewater treatment plant design experience needed to develop responsive and practical alternatives. The Brown and Caldwell team has a full services project team of experienced managers, engineers, and designers with competitive hourly rates. Based on the above, staff determined the final cost proposal of$284,069 to be fair and reasonable for the scope of work. Scope of Work The proposed study will provide a report of geotechnical and structural options for each digester and recommended improvements, prioritized according to the criticality of Plant No. 2. This recommendation will be the basis for the digesters refurbishment versus the replacement decision making. The Scope tasks are listed below: 1. Information update 2. Field assessment 3. Geotechnical evaluation, options, and recommendations 4. Seismic evaluation, options, and recommendations 5. Draft recommendations 6. Project Report CEQA The project is statutorily exempt from CEQA in accordance with Section 15262, feasibility and planning studies. Notice of Exemption was filed on February 19, 2014. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted, but there are insufficient funds (Line item: Section 8, Page 60). Date of Approval Contract Amount Contingency 03/26/14 $284,069 $9,500 (3.34%) ATTACHMENT The following affachment(s) maybe viewed on-line at the OCSD website (www.ocsd.corn with the complete agenda package: Professional Services Agreement Page 3 of 3 Return to Aaenda Report PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the day of 12014, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and Brown and Caldwell, for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant for a Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation study will quantify the vulnerability of Plant No. 2 digesters, digesters pump rooms, and tunnels to damage or failure following an earthquake; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary planning services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of planning services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on March 26, 2014, the Board of Directors, by Minute Order, approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK. CONSULTANT agrees to furnish necessary planning services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. In the event of a conflict between the Scope of Work and this AGREEMENT, the terms of this AGREEMENT shall prevail. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness of the work and services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying PSA Page 1 of 17 Project No. SP-186 with all applicable laws, regulations, codes, industry standards and liability for damages caused by negligent errors or omissions or noncompliance with industry standards on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall perform work in accordance with engineering standards in effect for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all comments, suggestions, and recommendations from the SANITATION DISTRICT. All comments from the SANITATION DISTRICT, or its agent, shall be incorporated into the report prior to the next review deadline or addressed, in writing, as to why the comment(s) has/have not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.) C. In the event that CONSULTANT's services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its work product(s) within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. Any CAD drawings, figures, and other work shall be produced by CONSULTANT and Subconsultants using the SANITATION DISTRICT CAD Manual. Conversion of CAD work from any other non-standard CAD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall conform to the Format for Deliverables listed in "Attachment A", Scope of Work. Any changes to these specifications by the CONSULTANT require advance written approval of the SANITATION DISTRICT. E. All planning services performed by the 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, or (b) subsequently becomes publicly known to the PSA Page 2 of 17 Project No. SP-186 Retum to Auenda Report CONSULTANT other than through disclosure by the SANITATION DISTRICT. Except for Subconsultants covered by Section 2 (a) neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. 2. COMPENSATION. Total compensation shall be paid to CONSULTANT for services performed in accordance with the following provisions: A. Total Compensation. Total compensation for the services provided under this AGREEMENT shall be in an amount not to exceed $284,069 ("Total Compensation"). Total Compensation to CONSULTANT, which includes burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs, shall not exceed the sum set forth herein. Profit for CONSULTANT and Subconsultants shall be 6.5%. Amendments shall be governed by the established profit percentage stated in the RFP. The profit percentage shall apply to the Prime CONSULTANT and all Subconsultants. B. Labor. As a portion of the Total Compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the fully burdened salaries (salaries plus benefits and overhead and profit) charged on an hourly-rate basis to this Project. CONSULTANT and all Subconsultants will provide the SANITATION DISTRICT with certified payroll records of all employees where time is charged to this Project. C. Overhead. As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT for overhead at a rate equal to 112.32% of burdened labor paid by CONSULTANT pursuant to this Compensation Section hereof. D. Subconsultants. CONSULTANT shall pay all Subconsultants in accordance with Section 2. Total Compensation. Payments shall be based on the rates per the fees attached hereto as Attachment"E". E. Direct Costs. As a portion of the Total Compensation, the SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants for the expenses described as Other Direct Costs, and identified as allowable on Attachment "D" hereto that CONSULTANT and Subconsultants actually incur in performance of this AGREEMENT. Attachment "D" is hereby incorporated by reference. Reimbursement for Other Direct Costs for CONSULTANT and all Subconsultants shall not include markup of any kind. CONSULTANT shall provide to the SANITATION DISTRICT itemized receipts, regardless of amount, and other documentary records to support each request for reimbursement. SANITATION DISTRICT shall PSA Page 3 of 17 Project No. SP-186 pay to CONSULTANT the actual direct costs for an amount not to exceed $4,150. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior written approval of the SANITATION DISTRICT. All incidental expenses shall be included in overhead pursuant to Compensation Section above. (See Attachment B). 3. REALLOCATION OF TOTAL COMPENSATION. The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. When the SANITATION DISTRICT determines that all Work authorized under the AGREEMENT is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, the SANITATION DISTRICT shall give the Consultant written notice that the AGREEMENT will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the AGREEMENT within thirty (30) days of receipt of notice of AGREEMENT closeout. Upon receipt of CONSULTANT'S submittals, the SANITATION DISTRICT shall commence a closeout audit of the AGREEMENT and will either: i. Give the CONSULTANT a final AGREEMENT Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT'S cost. Notwithstanding the final AGREEMENT acceptance, the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT shall remain obligated under all those provisions of the AGREEMENT which expressly or by their nature extend beyond and survive final AGREEMENT Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT'S request for final AGREEMENT Acceptance as set forth above shall not be deemed to be an acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or AGREEMENT with, the Consultant's request for final AGREEMENT Acceptance. PSA Page 4 of 17 Project No. SP-186 Retum to Aoenda RenoN 5. PAYMENT. A. CONSULTANT will submit monthly statements covering services and/or work performed for payment for those items included in Section 2 hereof no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT. The format must include, as a minimum: 1) current billing period invoicing, 2) current billing period "total percent invoiced to date", 3) future activities, 4) previous billing period "total invoiced to date", 5) potential items that are not included in the Scope of Work, 6) concerns and possible delays, 7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data as may be required by the SANITATION DISTRICT. Monthly Invoice. CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Section 12 Audit Provisions. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specked project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element, The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for the Project in its entirety. B. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work based on the monthly statements, including any retained percentages relating to this portion of the work. PSA Page 5 of 17 Project No. SP-186 C. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. D. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or (e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 6. PREVAILING WAGES A. To the extent CONSULTANT intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. 7. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS — CONSULTANT PERFORMANCE A. Ownership of Documents for the Planning Services performed, all documents in all forms (electronic, paper, etc.), including, but not limited to, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Planning Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether PSA Page 6 of 17 Project No. SP-166 Return to Aoenda Renorl or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Planning Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the study or deliverable where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. C. The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 8. INSURANCE. A. General. I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this AGREEMENT. PSA Page 7 of 17 Project No. SP-186 B. General Liability: The CONSULTANT shall maintain during the life of this AGREEMENT, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: $2,000,000 per occurrence with $2,000,000 aggregate. Said insurance shall include coverage for the following hazards: Premises- Operations, blanket contractual liability (for this AGREEMENT), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability: The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance: The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of$1,000,000 or alternatively, $1,000,000 per person for bodily injury and $1,000,000 per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance: The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of$1,000,000 per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the PSA Page 8 of 17 Project No. SP-186 Retum to Auenda Report insurance carrier is State of California Insurance Fund and the identifier "SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability. CONSULTANT shall maintain in full force and effect, throughout the term of this AGREEMENT, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than five million dollars ($5,000,000)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this AGREEMENT, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the tens of this AGREEMENT. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this AGREEMENT or until completion of the services provided for in this AGREEMENT, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this AGREEMENT. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a forth acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage: The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require copies of all required insurance policies with premiums and names of CONSULTANT's clients who are additional insureds, including endorsements, Effecting the coverage required, at anytime. PSA Page 9 of 17 Project No. SP-186 The following are approved forms that must be submitted as proof of coverage: • Certificate of ACORD Form 25 or equivalent. Insurance • Additional Insurance (ISO Form) CG 2010 2037 07/04 or (General Liability) equivalent, or The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject a@ematives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier (Auto Liability) for the SANITATION DISTRICT approval. • Waiver of State Compensation Insurance Fund Subrogation Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice: Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice. The Cancellation Section of ACORD Form 25 shall state the required thirty(30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Div. 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the PSA Page 10 of 17 Project No. SP-186 R.Wm W Aoenda Report change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance: All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured: All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable): Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this AGREEMENT, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or properly. L. Deductibles and Self-Insured Retentions: Any deductible and/or self insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs: Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants: The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. PSA Page 11 of 17 Project No. SP-186 9. SCOPE CHANGES. In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees, changes in the period of performance, or modifications to the Scope of Work. CONSULTANT must obtain written approval from the SANITATION DISTRICT Project Manager prior to performing any work outside the approved Scope of Work. When CONSUTLANT foresees the possibility that any of the Project goals will not be met, CONSULTANT shall immediately notify the SANITATION DISTRICT Project Manager to discuss a corrective plan. A corrective plan will be required for any changes to Attachment "A", Scope of Work, schedule, budget, or level of quality. 10. PROJECT TEAM AND SUBCONSULTANTS. CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 (Compensation). There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 11. ENGINEERING REGISTRATION. The CONSULTANT's employees and Subconsultants are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 12. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subagreements, and shall ensure that these rights are binding upon all Subconsultants. PSA Page 12 of 17 Project No. SP-186 Return to Aaenda Report B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 13. LEGAL RELATIONSHIP BETWEEN PARTIES. The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 14. NOTICES. All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT P.O. Box 8127 Fountain Valley, CA 92728-8127 Attention: Sarah L. Strader, Senior Contract Administrator PSA Page 13 of 17 Project No. SP-186 CONSULTANT: BROWN AND CALDWELL Dan Bunce, PE, PMP 18200 Von Karman Ave., Suite 400 Irvine, CA 92612 All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other OCSD staff must be approved by the OCSD Project Manager prior to action from the CONSULTANT. 15. TERMINATION. The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed in Paragraph 13. 16. DOCUMENTS AND STUDY MATERIALS. The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 17. COMPLIANCE. CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 18. AGREEMENT EXECUTION AUTHORIZATION. Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. 19. DISPUTE RESOLUTION. In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration PSA Page 14 of 17 Project No. SP-186 ReWrn to Aaenda Report and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 20. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS. If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 21. WARRANTY. CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT'S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT'S officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT'S fees and costs and the SANITATION DISTRICT'S general and administrative expenses; individually, a "Claim"; collectively, "Claims') which may arise from, pertain to, or relate to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT'S suppliers, CONSULTANT, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT'S supplier, CONSULTANT, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. PSA Page 15 of 17 Project No. SP-186 Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT'S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this AGREEMENT. Under no circumstances shall the insurance requirements and limits set forth in this AGREEMENT be construed to limit CONSULTANT'S indemnification obligation or other liability hereunder. The terms of this AGREEMENT are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this AGREEMENT. 23. DUTY TO DEFEND. The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Parry's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire understanding and AGREEMENT between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. PSA Page 16 of 17 Project No. SP-186 Return to Agenda Report ORANGE COUNTY SANITATION DISTRICT By Chair, Board Directors Date By Maria Ayala Date Clerk of the Board Brown and Caldwell By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts/Purchasing Manager SLS:dms EDMS: 003985918 Attachments Attachment"A" Scope of Work Attachment"B" Not Attached Attachment"C" Not Attached Attachment"D" Allowable Direct Costs Attachment"E" Fee Proposal Attachment"F" Not Attached Attachment"G" Cost Matrix Attachment"H" Not Attached Attachment "I" Not Attached Attachment"J" Not Attached PSA Page 17 of 17 Project No. SP-186 ITEM NO. 8 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, March 12, 2014, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on March 12, 2014, at 5:35 p.m., in the Sanitation District's Administration Building. Committee Chair Reese led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Brad Reese, Chair Jim Herberg, General Manager John Withers, Vice-Chair Lorenzo Tyner, Director of Finance David Benavides & Administrative Services Joe Carchio Jeff Reed, Director of Human Resources Steven Choi Rob Thompson, Director of Engineering Tyler Diep Ed Torres, Director of Operations and James Ferryman Maintenance Gene Hernandez Nick Arhontes, Director of Facilities Peter Kim Support Services Prakash Narain Kelly Lore, Secretary Pro Tem Teresa Smith Jeff Armstrong Troy Edgar, Board Chair Wes Bauer Jennifer Cabral COMMITTEE MEMBERS ABSENT: Sam Choi Janet Nguyen Ron Coss Norbert Gaia Al Garcia Dave Halverson Mike Von Winckelmann OTHERS PRESENT: Brad Hogin, General Counsel PUBLIC COMMENTS: None. 03112Z2014 Administration Committee Minutes Page 1 of 5 REPORT OF COMMITTEE CHAIR: Committee Chair Reese did not provide a report. REPORT OF GENERAL MANAGER: General Manager, Jim Herberg, introduced Rob Thompson as the newly appointed Director of Engineering. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Lorenzo Tyner, Director of Finance, did not provide a report. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the February 19, 2014 Administration Committee Meeting. AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Reese and Withers NOES: None ABSTENTIONS: None ABSENT: Nguyen and Smith 2. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 14-XX, adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted. AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Reese and Withers NOES: None ABSTENTIONS: None ABSENT: Nguyen and Smith 03/12/2014 Administration Committee Minutes Page 2 d 5 3. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Approve Service Contract to provide services for industrial hygiene, S-2013- 590BD for a one-year plus four optional renewals effective July 1, 2014, for an amount not to exceed $500,000 with the following firm: Malcolm Pirnie/Arcadis. AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Reese and Withers NOES: None ABSTENTIONS: None ABSENT: Nguyen and Smith 3. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 14-XX, A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement and Meeting Attendance and Compensation and Repealing Resolution No. OCSD 06-11. AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Reese and Withers NOES: None ABSTENTIONS: None ABSENT: Nguyen and Smith NON-CONSENT: 5. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District Amending Ordinance No. OCSD-34 Pertaining to the Compensation of the Members of the Board of ON12/2014 Administration Committee Minutes Page 3 of 5 Directors"; and B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on March 26, 2014; and C. Set April 23, 2014, as the date of the Public Hearing to hear protests and for the second reading and adoption of Ordinance No. OCSD-XX. D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Reese and Withers NOES: None ABSTENTIONS: None ABSENT: Nguyen and Smith INFORMATION ITEMS: 6. Ocean Water Quality and Disinfection Program Director of Operations and Maintenance Ed Torres introduced Environmental Lab & OM Manager, Ron Coss who provided a brief PowerPoint regarding the history of the disinfection program and an update regarding the strategic initiative on optimization of effluent disinfection using bleach. He introduced the three principal investigators behind the studies; Environmental Supervisor, Dr. Jeff Armstrong (Head of Ocean Monitoring Group), Laboratory Supervisor, Mike Von Winckelmann (Head of Microbiology General Chemistry Group) and Principal Laboratory Analyst, Dr. Sam Choi (Lead Microbiologist). Mr. Coss answered questions from the Committee regarding; reduction or elimination of disinfection, and outreach to stakeholders. (Director Theresa Smith arrived at 5:45 p.m.) 7. FY 2014-15 and FY 2015-16 Budget Update Director of Finance and Administrative Services Lorenzo Tyner introduced Controller, Mike White who provided a PowerPoint presentation on Budget Development Revenues for Fiscal Years 2014-15 and 2015-16. 03/12/2014 Administration Committee Minutes Page 4 d 5 CLOSED SESSION: The Board did not convene in closed session. Director of Human Resources Jeff Reed announced that a meet and confer session is scheduled with the Supervisor and Professional Groups for tomorrow at which time District representatives will carry out the Board's direction from its last closed session meeting. He also stated that the Orange County Employees Association (OCEA) has formally requested a meet and confer and has also requested a financial overview. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Committee Chair Reese declared the meeting adjourned at 6:05 p.m., to the next regularly scheduled meeting of April 9, 2014. Submitted by: Kelly A. Lore Secretary Pro Tem 0 311 2 2014 Administration Committee Minutes Page 5 d 5 ADMINISTRATION COMMITTEE Meeting Date TOBA.Of DIr. 03/12/14 03/26/14 AGENDA REPORT Item Number Item Number 2 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Maria E. Ayala, Clerk of the Board SUBJECT: CONFLICT OF INTEREST CODE GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 14-03, adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted. SUMMARY The last biennial review — and formal amendment — to the District's Conflict of Interest Code was in March 2013. Although the Political Reform Act requires that every local agency review its Conflict of Interest Code biennially (which would bring forth the next amendment in 2015), staff is proposing a new amendment in order to reflect the current positions of those designated employees that are required to Tile statements of economic interests. Staff recommends that the Board adopt the 2014 Conflict of Interest Code to reflect the following changes: Addition and deletion of several positions If approved by the Board, the newly approved code will be forwarded to the County of Orange for approval. PRIOR COMMITTEE/BOARD ACTIONS March 2013 — Board amended the Conflict of Interest Code. ADDITIONAL INFORMATION N/A CEQA N/A Page 1 of 2 BUDGET/DELEGATION OF AUTHORITY LEVEL N/A ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.coml with the complete agenda package: • Proposed Resolution No. OCSD 14-03 (2 Pages) • Conflict of Interest Code (6 pages) Page 2 of 2 Return to Mende Report RESOLUTION NO. OCSD 14-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 at. seq. ("the Act'), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Orange County Sanitation District ('District') has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE, BE IT RESOLVED: Section 1. The terms of 2 California Code of Regulations, Section 18730, any amendments to it duly adopted by the Fair Political Practices Commission, and all additional guidance by the Fair Political Practices Commission, are hereby incorporated by reference and, together with the 2014 Conflict of Interest Code for the Orange County Sanitation District, including Exhibits A and B in which OCSD 14-03-1 Return to Mende Report members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Orange County Sanitation District. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded. Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED at a regular meeting held March 26, 2014. Troy Edgar, Chair, Orange County Sanitation District ATTEST: Maria Ayala, Clerk of the Board OCSD 14-03-2 Return to Mende Report STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Maria E. Ayala, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 14-03 was passed and adopted at a regular meeting of said Board on the 26th day of March 2014, by the following vote, to wit: AYES: NOES: None. ABSTENTIONS: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 26th day of March, 2014. Maria E. Ayala Clerk of the Board of Directors Orange County Sanitation District OCSD 14-03-3 Return to Mende Report 2014 CONFLICT OF INTEREST CODE FOR THE ORANGE COUNTY SANITATION DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730, any amendments to it duly adopted by the Fair Political Practices Commission, and all additional guidance by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Orange County Sanitation District. Designated employees shall file statements of economic interests with the District's Clerk of the Board who will make the statements available for public inspection and reproduction (Government Code Section 87500). Upon receipt of the statements of the Orange County Sanitation District Board of Directors, Orange County Sanitation District Financing Corporation, General Manager, General Counsel, Assistant General Manager, Director of Engineering, Director of Finance & Administrative Services, Director of Operations and Maintenance, Director of Facility Support Services, Director of Human Resources, and the Clerk of the Board, the Filing Officer shall make and retain a copy and forward OCSD 14-03-4 Return to Mende Report the original of these statements to the Clerk of the Orange County Board of Supervisors. Statements for all other designated employees will be retained by the Filing Officer. OCSD 14-03-5 Return to Mende Report EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Disclosure Designated Positions Categories General Manager OC-01 Orange County Sanitation District Financing Corporation Board of OC-01 Directors General Counsel OC-01 Assistant General Manager OC-01 Director of Engineering OC-41 Director of Facility Support Services OC-41 Director of Finance &Administrative Services OC-41 Director of Human Resources new OC41 Director of Operations and Maintenance OC-41 Principal Accountant OC-41 Capital Improvement Program Project Manager OC41 Treasurer of the Orange County Financing Corporation OC-41 Secretary of the Orange County Financing Corporation OC-05 Clerk of the Board OC-05 Controller OC-05 Engineering Manager OC-05 Environmental Compliance & Regulatory Affairs Manager OC-05 Facilities Manager OC-05 Public Affairs Manager OC-05 Environmental Laboratory& Ocean Monitoring Manager OC-05 Maintenance Manager OC-05 Operations Manager OC-05 Accounting Supervisor OC-05 Chief Plant Operator OC-05 Construction Inspection Supervisor OC-05 Senior Construction Inspection Supervisor OC-05 Engineering Supervisor OC-05 Maintenance Supervisor OC-05 Materials Control Supervisor OC-05 Operations Supervisor OC-05 Purchasing Supervisor OC-05 Contracts Su ervisor OC-OS Safety afet & Health Su ervisor OC-05 OCSD 14-03-6 Return to Mende Report Buyer OC-05 Senior Buyer OC-05 Contracts Administrator OC-05 Senior Contracts Administrator OC-05 Principal Contracts Administrator OC-05 Senior Engineer OC-05 Contracts and Purchasing Manager OC-05 Information Technology Manager OC-08 Information Technology Systems & Operations Manager OC-08 Information Technology Supervisor new OC-08 Construction Inspector OC-10 Senior Construction Inspector OC-10 OC-44 *Human Resources Manager OC-11 Human Resources Supervisor OC-11 Risk Manager OC-12 Principal Financial Analyst OC-12 Lab oratory Su ervisor OC-21 Senior Scientist OC-21 Environmental Supervisor I OC-29 Consultant OC-30 *The following amendments are made: - Capital Improvement Program Project Management Supervisor— DELETED - Human Resources and Employee Relations Manager— DELETED - Human Resources Manager - ADDED OCSD 14-03-7 Return to Mende Report EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County or the District, as well as investments, business positions and sources of income (including gifts, loans and travel pa menu). OC-05 All investments in, business positions with and income (including gifts, loans and travel payments)from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the department or District, as applicable. OC-08 All investments in, business positions with and income (including gifts, loans and travel payments)from sources that develop or provide computer hardware/software, voice data communications, or data processing goods, supplies, equipment, or services (including training and consulting services) used by the department or District, as applicable. OC-10 All investments in, business positions with and income (including gifts, loans and travel payments)from sources that are engaged in any real estate activity including, but not limited to real estate appraisal, development, construction, planning/architectural design, engineering, sales, brokerage, leasing, lending, insurance, rights of way, and/or studies; and/or property or facilities management/maintenance/custodial and utility services as used by the department or provides capital for the purchase of property used or sold by Orange County or the District. OC-11 All interests in real property in Orange County or located entirely or partly within District boundaries, as well as investments in, business positions with and income (including gifts, loans and travel payments)from sources that are engaged in the supply of equipment related to (i) recruitment, employment search & marketing, classification, training, or negotiation withpersonnel; ii employee benefits; and iii health and welfare benefits. OC-12 All interests in real property in Orange County, as well as investments in, business positions with and income (including gifts, loans and travel payments)from sources that invest funds or engage in the business of insurance including, but not limited to insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims mangers and actuaries; from financial institutions including but not limited to, banks, savings & loan associations and credit unions or sources that have filed a claim, or have a claim pending, against Orange County. OCSD 14-03-8 Return to Mende Report EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Cate go Disclosure Description OC-21 All investments in, business positions with and income (including gifts, loans and travel payments)from sources that provide laboratory or chemical — related goods, supplies, equipment, or services (including training and consulting services) . OC-29 All investments in, business positions with and income (including gifts, loans and travel payments)from sources that are subject to inspection or re ulation b the de artment. OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head/Director/General Manager/Superintendant/etc. may determine that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection. OC41 All interests in real property in Orange County or the District, as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments)from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the department or District, as applicable. OCSD 14-03-9 ADMINISTRATIVE COMMITTEE Meeting Dare TOBd.Of Dir. 03/12/14 03/26/14 AGENDA REPORT Item Iem1umber 3 10 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Administrative Services SUBJECT: INDUSTRIAL HYGIENE SERVICES GENERAL MANAGER'S RECOMMENDATION Approve Service Contract to provide services for industrial hygiene, S-2013-59OBD for a one-year plus four optional renewals effective on the date of the Notice to Proceed, for an amount not to exceed $500,000 with the following firm: Arcadis U.S., Inc. SUMMARY OCSD has had a blanket agreement with an industrial hygiene service company to conduct employee chemical exposure monitoring, lead surveys, and asbestos surveys. The current agreement did not cover providing industrial hygiene services for OCSD CIP projects, which is needed due to the rehabilitation projects OCSD is performing. PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION OCSD uses the below listed procurement methods: Notice Inviting Bids: A written description that completely specifies what OCSD wants and no negotiations are necessary or permitted. Award is made solely on the basis of the lowest cost. Usually used for the purchase of supplies and equipment. Request for Proposal: The needs of OCSD may not be completely clear, negotiations may be necessary, and/or cost is just one of several criteria necessary to make a decision. This procurement involves the Request for Proposal method. Page 1 of 3 Request for Proposal: The RFP, which outlined the Consultant's Scope of Work and criteria required for this project, was advertised on October 30, 2013, in the Orange County Register and on PlanetBids. Furthermore, an email notification was sent to 34 firms registered in the Sanitation District vendor database. As a result, six proposals were received on December 3, 2013, from the following fines: Arcadis U.S., Inc. Bureau Veritas North America, Inc. ATC Group Holdings Stearns, Conrad, and Schmidt Consulting ENVIRON International Corporation The Converse Professional Group A Staff Evaluation Committee, consisting of four representatives from Administrative Services and Engineering reviewed each of the proposals and conducted interviews with the top ranked firms in accordance with the evaluation process set forth in the Orange County Sanitation District Ordinance No. OCSD-44 and the evaluation criteria stated in the RFP. A representative from Purchasing participated in the evaluation process as a non-voting member. The proposals were evaluated according to the following criteria: Evaluation Criteria Weigh In Propose Staffing and Project Organization 35% Qualification of Firm 30% Work Plan 15% Cost Evaluation 20% After reviewing and scoring the six proposals, the Consultant firms were ranked according to the scores of the evaluators. The Evaluation Committee is recommending Arcadis U.S., Inc. as the top ranked firm(s): Consultant Rankin Arcadis U.S., Inc. 1 Bureau Veritas North America, Inc. 2 ATC Group Holdings 3 Stearns, Conrad, and Schmidt Consulting 4 ENVIRON International Corporation 5 The Converse Professional Group 6 All proposals were accompanied by a sealed fee proposal. The fee proposals were not opened until after the evaluation and the recommended firms were selected in accordance with Orange County Sanitation District Ordinance No. OCSD-44. Page 2 of 3 CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This Service Agreement complies with the authority levels of the Sanitation District's Delegation of Authority. These funds are included in the individual budgets that require these services. Date of Approval Contract Amount Contingency 03/26/14 $500,000 N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsc.com) with the complete agenda package: • Service Agreement (14 Pages) LT:WB/jmf Page 3 of 3 Return to Mende Report SERVICE CONTRACT Industrial Hygiene Services Specification No. 5-2013.590BD THIS CONTRACT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and ARCADIS U.S., Inc. with a principal business at 8001 Irvine Center Drive, Suite 1100, Irvine, CA 92617 (hereinafter referred to as "Contractor")collectively referred to as the"Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for Industrial Hygiene Services "Services"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on March 26, 2014 the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services; NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit"A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work Exhibit"B" OCSD Safety Standards and Human Resources Policies Exhibit"C" Contractor's Proposal, dated December 3, 2013 Exhibit"D" Contractor's Cost Proposal, dated December 3, 2013 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of 7 Specification No. S-2013-5908D Return to Aaende Report 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 Work Hours: Work will generally be scheduled Monday through Thursday, between the hours of 6:00 AM PT and 4:30 PM PT hours. The work may include evenings and weekends. OCSD will not pay Travel Time. 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this project shall not exceed the total amount of Five Hundred Thousand and 00/00 Dollars ($500,000). 3. Payments Payments shall be made upon approval by OCSD Project Manager, Wes Bauer or his designee, of invoices submitted for work completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the tasks and deliverables have been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff(a)OCSD.com The following shall be referenced in the subject line: "INVOICE", the Purchase Order number, and "S-2013-590BD Industrial Hygiene Services". 7. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in the Exhibits hereto. Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 6. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 9. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 10. Contract Term The Services provided under this Contract shall commence on the date of the Notice to Proceed and continue for a period of one year. Orange County Sanitation District 2 of 7 Specification No. S-2013-5908D Return to Mende Report 11. Renewals 11.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit "A", under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 11.2 Renewals may be made through the OCSD Purchase Order Process. 12. Termination 12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 12.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements located in Exhibit "C". Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such suits at the cost and expense of Contractor. Orange County Sanitation District 3 of 7 Specification No. S-2013-5908D Return to Mende Report 15. Safety and Human Resources MR) Policies OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no cost to OCSD. Contractor and all their employees and subcontractors, shall adhere to all applicable OCSD Safety and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety". 16. Warranty 16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 16.2 Contractor's warranty: If, within the 12-month period following completion of its Services, OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies). 17. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 18. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 20. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 21. Licenses. Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 22. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. Orange County Sanitation District 4 of 7 Specification No. S-2013-5908D Return to Agenda Report 23. Public Contracts Law OCSD has been advised by the State of Califomia 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. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 24. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 26. Attomey's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 27. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 28. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover' as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 29. Dispute Resolution 29.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 29.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding Orange County Sanitation District 5 of 7 Specification No. 5-2013-5908D Return to Aaentle Report pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 30. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 32. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 34. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35. Independent Contractor It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of OCSD, and shall obtain no rights to any benefits which accrue to OCSD's employees. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 37. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 36. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 39. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 6 of 7 Specification No. S-2013-5908D Return to Mende Rom 40. Notices All notices under this Contract must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: ARCADIS U.S., Inc. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager ARCADIS U.S., Inc. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 7 of 7 Specification No. S-2013-5908D ADMINISTRATION COMMITTEE Neeting/14 Date T1.1 IDir. 03/123/26/14 Item AGENDA REPORT Number Item Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 14-04, A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement and Meeting Attendance and Compensation and Repealing Resolution No. OCSD 06-11. SUMMARY The District has not revised its policy regarding Board of Directors' Expense Reimbursement and Meeting Attendance and Compensation since 2006. Minor revisions are warranted. Reimbursement rates need to be adjusted slightly to reflect the present cost of travel. The Policy should also be revised to conform it to the Ordinance setting the compensation of Directors. The revised Policy further clarifies the events and expenses that are subject to reimbursement and compensation. Finally, the Policy has been reorganized for easier reference. PRIOR COMMITTEE/BOARD ACTIONS May 2006 — Adopt Resolution No. OCSD 06-11, A Resolution of the Board of Directors of Orange County Sanitation District Establishing a Policy Regarding Board of Directors' Business and Travel Expense Reimbursement, and Meeting Attendance and Compensation, and Repealing Resolution No. OCSD 06-09. ADDITIONAL INFORMATION The Non-substantive revisions to the Policy include its reorganization to make it easier to refer to it. For example, defined terms are now in the first Article of the Policy. As to expenses authorized for reimbursement, the following clarification and additional flexibility are proposed: Page 1 of 3 997553.1 • The current Policy authorizes reimbursement of expenses for attending District events. The revised Policy states that reimbursement is authorized for attending District events at the invitation of the Board Chair, General Manager and/or designee. • The current Policy requires that travel be booked through the District's designated travel agency. The revised Policy authorizes the General Manager to grant exceptions on a case-by-case basis. • The current Policy authorizes Directors to attend meetings or conferences that are not specifically listed in the Policy with the advance authorization of the Board, or the Board Chair, subject to ratification by the Board. The revised Policy provides that the authorization will be granted by the Steering Committee. If there is not sufficient time for the Steering Committee to review the request, the Board Chair may approve the request in advance subject to ratification by the Steering Committee at its next regularly scheduled meeting. • For lodging, the revised Policy provides that overnight stays in the District's general geographical area (Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kem Counties) may be allowed when the travel time involved is significant. • The revised Policy clarifies that reimbursement rates are based on the allowable rates promulgated by the IRS. The maximum reimbursement for dinner is adjusted from $25 to $30, and the maximum daily reimbursement is being adjusted from $70 to $75. • The revised Policy revises the time within which receipts must be submitted for reimbursement from 60 days from the expense date to three weeks after the travel has concluded. • The revised Policy provides that if a receipt is misplaced or lost, a lost/unavailable receipt memorandum may be prepared detailing the information required for the required expense report. As to compensation for attendance at meetings and for each day's service rendered as a member of the Board, the following clarification and flexibility are proposed: • The revised Policy clarifies that Directors may receive compensation for attending meetings or events approved by the Board Chair. • The current Policy authorizes compensation for Directors attending meetings or events relating to the District's business when approved by the Board or when designated by the General Manager with the concurrence of the Board Chair. The revised Policy provides that the approval will instead be made by the Steering Committee or Board Chair, or when designated by the General Manager with the concurrence of the Board Vice-Chair. Page 2 of 3 997553.1 • The revised Policy clarifies that meetings or events conducted at the request of a Board Member (and not otherwise approved by the Steering Committee, Board Chair, or General Manager with the consent of the Board Vice-Chair) are not compensable. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE The revisions to the Policy are not expected to have major effects on the budget. ATTACHMENT The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package and attachments: • Proposed Resolution No. OCSD 14-04 • Resolution No. OCSD 06-11 Page 3 of 3 997553.1 Return to Mende Report RESOLUTION NO. OCSD 14-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT ADOPTING A REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION AND REPEALING RESOLUTION NO. OCSD 06-11 WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors has adopted a written policy specifying the types of occurrences that qualify a member of the Board of Directors to receive reimbursement of expenses related to travel, meals, lodging, and other actual and necessary expenses; and WHEREAS, pursuant to Health & Safety Code section 4733, the District has adopted an Ordinance and a written policy authorizing the payment of compensation to members of the Board of Directors for attendance at meetings and for each day's service rendered as a member by request of the Board Chair; and WHEREAS, the Board of Directors desires to revise its policies for expense reimbursement and compensation; NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Adoption of Policy and Establishment of Procedures. The Board of Directors hereby adopts the revised Policy Regarding Board of Directors' Expense Reimbursement and Meeting Attendance and Compensation, set forth on Exhibit "A", attached hereto and incorporated herein by reference. Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No. OCSD 06-11 is hereby rescinded. In addition, any prior resolutions and/or policies established by the Board of Directors that are in conflict with the policy set forth in Exhibit "A" shall be deemed rescinded to the extent of such conflict. PASSED AND ADOPTED at a regular meeting held March 26, 2014. Troy Edgar Chairman of the Board ATTEST: Maria E. Ayala Clerk of the Board 962749.2 OCSD 14-04-1 Return to Mende Report STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Maria E. Ayala, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 14-04 was passed and adopted at a regular meeting of said Board on the 26th day of March 2014, by the following vote, to wit: AYES: NOES: None. ABSTENTIONS: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 26th day of March, 2014. Maria E. Ayala Clerk of the Board of Directors Orange County Sanitation District 962749.2 OCSD 14-04-2 Return to Mende Report EXHIBIT "A" ORANGE COUNTY SANITATION DISTRICT POLICY REGARDING BOARD OF DIRECTORS' EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION This Policy applies to all regular District Board Members and Alternate Board Members. ARTICLE I: TERMS AND DEFINITIONS As used in this Policy, the following terms shall have the identified meanings. "Accountable Plan" shall mean the Internal Revenue Service Publication No. 463 for Travel, Entertainment, Gift and Car Expenses, or any successor publication. "Alternate Board Member" shall mean a Member of the District's Board of Directors designated by the Director's agency to serve in the absence of the Board Member. "Board Chair"shall mean the Member of the District's Board of Directors who has been elected by the other Members to serve as Chair. "Board Vice-Chair" shall mean the Member of the District's Board of Directors who has been elected by the other Members to serve as Vice-Chair. Whenever this Policy authorizes or requires the Board Chair to act, the Board Vice-Chair may act in the event that the Board Chair is reasonably unavailable to act. "Board Member" shall mean a Member of the District's Board of Directors, appointed by a member agency pursuant to California Health and Safety Code Section 4730.65. "Director" shall mean a Member of the District's Board of Directors, and is the same as "Board Member" as described above. "Incidentals" shall mean any minor, miscellaneous expense incurred during travel, including but not limited to, telephone, facsimile or computer connection service, local ground transportation, baggage handling and storage, and snacks. "Travel Liaison" shall mean the Secretary to the General Manager, or such other employee as designated in writing by the General Manager. 962749.2 OCSD 14-04-3 Return to Mende Report ARTICLE II. BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT Section 1: General Provisions. The District shall reimburse Board Members for actual and necessary expenses incurred in the performance of their official duties, in accordance with this Article II. Reimbursable expenses include, but are not necessarily limited to, expenses related to travel, meals, and lodging. This Policy serves as the District's "Accountable Plan" under the applicable requirements of the Internal Revenue Code and Treasury Regulations. Section 2: Activities Eligible for Reimbursement. Board Members may receive reimbursement for actual and necessary expenses incurred in the performance of official duties in connection with the following activities: i. Communicating with representatives of regional, state, and national government on issues or matters affecting the District; ii. Attending conferences and/or educational seminars designed to improve the Board Members' expertise and information levels, including, but not limited to, ethics training required pursuant to Government Code Section 53234; Ill. Participating in regional, state, and national organizations whose activities support the District's interests; iv. Attending District events at the invitation of the Board Chair, General Manager, or his/her designee; and V. Implementing a strategy approved by the District for District-related matters. vi. Meetings such as those listed above for which compensation is expressly authorized under this Policy. A Board Member and his or her Alternate Board Member cannot both be compensated for attendance at the same event without prior approval by the Board Chair. Section 3: Responsibilities. A. Directors shall be familiar with and comply with this Policy; ensure that all travel and other reimbursable expenses are reasonable; coordinate multiple Director participation at conferences to avoid unnecessary duplication; and promote economic means of travel. The Board Chair may approve or deny requests for travel or business activities and reimbursements for Board Members. 9627492 OCSD 14-04-4 Return to Mende Report B. The General Manager shall be familiar with and comply with this Policy; ensure all travel and other reimbursable expenses are reasonable; coordinate multiple Director participation at conferences; and promote economic means of travel. C. The Travel Liaison shall be familiar with and comply with this Policy; promote economic and reasonable means of travel; and inform the General Manager of all travel expenses that have not been reconciled. The Travel Liaison will also arrange all travel, lodging, accommodations, and seminar/conference registrations for Directors. The Travel Liaison shall use the District's designated travel agency for booking all air and ground travel. The General Manager is authorized to grant exceptions on a case- by-case basis. Any travel or registration not booked through the Travel Liaison, or not granted an exception, may be subject to payment by the Director without reimbursement from the District. D. The District Controller shall be familiar with and comply with this Policy; ensure all travel and other reimbursable expenses conform to this Policy. Section 4: Designated Travel Agency. The District will designate a single travel agency for the Travel Liaison to use to arrange all travel and lodging accommodations for Directors. Section 5: Seminars. Conferences. and Meetings. A. Directors may from time to time receive requests or may elect to attend meetings or conferences pertaining to the water and wastewater utility industry. Attendance at seminars, conferences, and meetings, such as the aforementioned, must be approved in advance by the Steering Committee, except when specifically pre- authorized by this Policy. In the event there is not sufficient time to receive approval from the Steering Committee, the Board Chair has the authority to approve such a request in advance. Any such approval shall be ratified by the Steering Committee at its next regularly scheduled meeting. B. Directors may be asked to, or may desire to, give presentations or otherwise represent the District at seminars, conferences, or meetings. Any Director wishing to attend such events and represent the District by providing a presentation or oral commentary shall request and receive advance authorization from the Steering Committee. If such a request is granted, all expense reimbursements and travel and meeting attendance requirements shall comply with this Policy. In the event there is not sufficient time to receive authorization to act as District representative from the Steering Committee, the Board Chair has the authority to approve such a request in advance. Any such approval shall be ratified by the Steering Committee at its next regularly scheduled meeting. 962749.2 OCSD 14-04-5 Return to Mende Report C. The number of Directors attending a seminar, conference, or meeting should be minimized, and there must be a District business reason for attendance. Such reasons would include, but are not limited to: presentation of technical findings; attendance at committee meetings, or technical sessions dealing with issues related to District business; or participation as an officer of the association or trade group organizing the event. D. Seminars must be selected based on value to the District. Benefits would include improved efficiency and effectiveness, as well as becoming familiar with new regulatory standards. Preference will be given to seminars that are provided within the Southern California region. E. Attendance at seminars, conferences, or meetings in "destination resort" areas outside California or areas outside the continental United States may only be approved by the Steering Committee. Section 6: Ground Transportation. A. The most economical mode and class of transportation reasonably consistent with travel and scheduling requirements will be used. Each Director shall be reimbursed at the rate per mile established by the United States Internal Revenue Service as allowable for mileage expense deduction for use of a personal vehicle on business of the District. As said allowable rate established by the Internal Revenue Service is periodically changed, said changes in the reimbursement rate shall become effective on the first day of the month following the month in which the change is announced by the Internal Revenue Service. B. In no event shall the amount paid for mileage reimbursement for use of a personally-owned vehicle used for travel in lieu of air travel, exceed the lowest available cost of coach class airfare. C. Personally-owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. D. Reasonable vehicle parking and storage costs will be allowed when rental or personally-owned vehicles are used for District business. E. Highway and bridge tolls are allowable expenses when incurred while conducting District business. F. Directors should only use rental cars for ground transportation when necessary or when it is less expensive than other forms of transportation such as trains, buses, taxis, or shuttles. Discretion must be used in selecting rental car size. The rental car should be the smallest size that provides adequate safety and comfort for the 962749.2 OCSD 14-04-6 Return to Mende Report period of time it is in use. To accommodate a group of travelers, a larger vehicle may be rented in lieu of renting separate vehicles. G. Directors will not be reimbursed for any surplus insurance purchased for rental cars. The District and Director are sufficiently insured through existing District policies. Only Directors are allowed to operate rental cars. H. Use of chauffeur-driven limousines is not allowed while conducting District business. I. When using ground transportation other than personally-owned vehicles, Directors shall use government and group rates offered by the provider of transportation services when available. Section7: Air Travel . A. Air Travel must be at coach class level. First class travel will only be allowed on an exception basis and must be approved in advance by the Board Chair, based upon physical needs or ability to conduct meaningful work while on board. B. Air Travel should be arranged as early as possible to take advantage of reduced fares for early reservations. Consideration should be given to alternative departure times, departure and arrival airports, dates, flight times, and stopovers to minimize airfares; however, the total cost of the alternatives (e.g., ground transportation, lodging) should also be considered in selecting an alternative. Internet booking services can be consulted to help in finding the optimum alternative; however, flights must still be reserved by the Travel Liaison. C. Government and group rates for airline travel shall be used when available. Section 8: Lodging. A. Government and group rates offered by a provider of lodging services shall be used when available. B. When travel is to a conference or organized educational activity, lodging costs shall not exceed the maximum group published by the conference or activity sponsor. Some conferences require early booking to take advantage of reduced rates. If lodging cannot be arranged at the conference group rate, other lodging accommodations may also be arranged if the cost is less than or equal to the conference group rate. C. Overnight stays may be allowed for meetings or training functions lasting more than one day in OCSD's general geographical area (Orange, Los Angeles, 962749.2 OCSD 14-04-7 Return to Mende Report Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties) when the travel time involved is significant. Section 9: Meals and Incidentals. Meal expenses are allowed while Directors are traveling. Expenditures for meals will be moderate and reasonable. Expenses for meals not associated with travel but related to an appropriate business purpose meeting, are also allowed. Non-travel business meals will only be reimbursed if taken in conjunction with a District business meeting. All meals that are subject to reimbursement will not exceed the rates indicated below. A. Reimbursement Rates. Directors will be reimbursed for actual meal expenses, including all taxes and gratuities, up to the amounts in Internal Revenue Service Publication 463, or any successor publication, or as specifically indicated below, whichever is less. If meal expenses exceed the allowance amount, the Director will only be reimbursed the allowance amount, with the remainder being paid by the Director. If meal expenses are less than the allowable amount, only the actual expense amount will be reimbursed. All meal expenses must be documented in detail in accordance with this Policy. When receipts are provided, the maximum per meal/expense reimbursements are as follows: Breakfast $15.00 Lunch $20.00 Dinner $30.00 Snacks $10.00 Multiple meal expenses cannot be combined to pay for a more expensive single meal. The Policy is applied strictly as a per meal expense. In no event will a Director be reimbursed more than $75 per travel day. Receipts must provide a detailed account from the restaurant describing actual costs. Restaurant bill stubs do not provide sufficient detail and are not acceptable for reimbursement. Credit card receipts may be accepted, subject to Board Chair approval if itemized, if detailed meal receipts are not provided by the restaurant. B. Non-Reimbursable Meals and Incidentals. Directors will not be reimbursed for the following: i. Meals that are included in the cost of a conference or seminar, nor for meals taken elsewhere in lieu of the meal provided. ii. Meals provided by others. Conflict of interest policies and applicable statutes should be considered when providing meals for or receiving meals from persons or entities other than the District representatives. 962749.2 OCSD 14-04-8 Return to Mende Report Ill. Meals provided to a spouse or guest. iv. Alcoholic beverages. Section 10: Extended Travel and/or Travel with Family Members. A. When a Director elects to extend his/her stay at travel destinations, or when traveling with family members, all expenses related to such extended or family travel, including, but not limited to airfare, extra meals, extended car rental, lodging, or incidentals shall be paid by the Director without reimbursement. B. When travel time restrictions or transportation discounts make it desirable for a Director to arrive at a conference, seminar, or meeting a day early, or to stay an additional day, those travel days must be approved by the Board Chair in advance. Section 11: Requests for Reimbursement. A. Requests for reimbursement shall be submitted and coordinated through the Travel Liaison, no later than three weeks after the travel has concluded. The Travel Liaison shall ensure that all applicable forms and receipts are prepared and attached, and follow District procedure on expense reimbursement. A delinquent expense report will not be reimbursed unless justified in writing and approved by the Board Chair. All requests for reimbursement must be accompanied by receipts or documentation evidencing each expense. Improper expenditures, or those not adequately documented, will not be reimbursed. Non-essential expenses, including but not limited to, in-room movies, service bar, and similar extras will not be reimbursed. B. All expense reports shall include detailed receipts and state the date, type of expense, District business purpose, those in attendance and their affiliations, and amounts expended. If a receipt is misplaced or lost, a lost/unavailable receipts memorandum must be prepared detailing the information required for the expense report, including the date, payee, description of the expense, business purpose, those in attendance, and the amount. The memorandum must be signed by the General Manager and attached to the reimbursement request. Section 12: Brief Reports to Board. At the next regular meeting of the Board of Directors following the event for which reimbursable expenses are incurred, Directors shall briefly report, orally or in writing, on any meetings attended at District expense. If multiple Directors attended the meeting at District expense, a joint report may be made to the Board of Directors. 962749.2 OCSD 14-04-9 Return to Mende Report Section 13: Misuse of Resources: Falsification of Reports. Any Board member that misuses public resources, or falsifies expense reports, may lose reimbursement privileges, be required to pay restitution, and/or be subject to civil penalties and/or criminal prosecution. ARTICLE III. COMPENSATION Section 1: Stipends and Compensation. A. Rate. Directors shall be paid compensation for each meeting attended and for each day's service rendered as a member of the Board, at the rate established by District Ordinance, in accordance with this Policy. Directors may receive compensation up to a maximum number of days each month, as prescribed by District Ordinance. B. Authorized Meetings. Directors shall receive compensation, without further action or authorization of the Steering Committee or Board of Directors, for attendance at the following: i. Board of Directors Meetings, Standing Committee Meetings, Special Committee Meetings, and Ad Hoc Committee Meetings, at which the Director is a duly appointed member; ii. Meetings, conferences, and committee meetings of the California Association of Sanitation Agencies, and the National Association of Clean Water Agencies; iii. Meetings of other governmental agencies to which the Director was appointed by the Board Chair; iv. Meetings or events approved by the Board Chair. Meetings or events not approved by the Board Chair or listed above are not considered business of the District. Section 2: Waiver of Compensation. Directors may waive their compensation or so choose to be compensated at a lower rate than the rate established under District Ordinance. Such requests must be submitted in writing to the Clerk of the Board. Section 3: Additional Service Subject to Compensation. Each day's service rendered as a Member of the District's Board of Directors shall be deemed to include, but not be limited to: 962749.2 OCSD 14-04-10 Return to Mende Report A. Attendance at any meeting of a Committee of which the Director is not a member, when expressly invited or requested to attend by the Board Chair. B. Attendance at conferences or meetings with State and/or Federal Legislators regarding District business, when approved by the Steering Committee. C. Attendance at a meeting, hearing, or conference relating to the business of the District, when approved by the Steering Committee or Board Chair, or when designated by the General Manager with the concurrence of the Board Vice-Chair in advance, and when deemed to be in the best interests of the District, including but not limited to the following: i. Meetings of nonprofit organizations or service club meetings where a Board Member is making a presentation on behalf of the District. ii. Ceremonial events when attending as an official representative of the Board of Directors of the District. iii. Meetings with other elected officials or their employees, which may or may not include District staff. iv. Meetings of the governing body of another agency, of which the District has an official delegate, where a matter directly affecting the interests of the District is agendized for discussion and the Board Member is not compensated by the other agency. V. Meetings with District Staff. vi. Industry related conferences other than California Association of Sanitation Agencies' or National Association of Clean Water Agencies' work conferences. vii. Telephone conferences when physical attendance is impractical and not mandatory. viii. Ethics training required by Government Code sections 53234 — 53235.5. Section 4: Non Comoensable Attendance. Board Members shall not be compensated for the following meetings where there is no District-related business to be conducted: A. Nonprofit organization meetings. 962749.2 OCSD 14-04-11 Return to Mende Report B. Nonprofit organization events. C. District-sponsored employee events, including, but not limited to, the annual holiday luncheon, employee picnic, or retirement events. D. Social or ceremonial events not pre-authorized by the Steering Committee. E. Service club meetings other than those included in Sections 1 and 3 above. F. Parades, festivals, holiday events, or retirement dinners. G. Meetings with existing or potential contractors, vendors, or consultants. H. Meetings of partisan political organizations. I. Meetings, tours, and similar events conducted at the request of the Board Member. Section 5: One meeting per day. No Director shall receive compensation for attendance at more than one meeting on any one calendar day. Section 6: Alternates. No Alternate Director shall receive compensation for attendance at any meeting or event unless serving in the absence of the regular Director, unless the Board Chair invites the Alternate Director to attend the meeting and approves payment of compensation. ARTICLE IV. EFFECTIVE DATE This Policy was duly adopted by action of the Board of Directors, on March 26, 2014 and shall be effective upon its adoption. 962749.2 OCSD 14-04-12 ,y Return fu Aoenda Remd A RESOLUTION NO. OCSD 06-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING A POLICY REGARDING BOARD OF DIRECTORS' BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT, AND MEETING ATTENDANCE AND COMPENSATION, AND REPEALING RESOLUTION NO. OCSD 06-09 WHEREAS, the District, by previously adopted Ordinance Nos. OCSD-14 and OCSD-23, has established Board of Directors' compensation for meeting attendance; and, WHEREAS, the Board of Directors desires to revise the policy previously adopted pursuant to Resolution No. 06-09 to comply with all of the requirements in the above-described new statutes. NOW,THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Adoption of Policy and Establishment of Procedures. The Board of Directors hereby adopts the Policy Regarding Board of Directors' Business and Travel Expense Reimbursement, and meeting attendance and Compensation, set forth on Exhibit"A", attached hereto and incorporated herein by reference. Section Rescission of Inconsistent Resolutions and Policies. Resolution No. OCSD 06-09 is hereby rescinded. In addition, any prior resolutions and/or policies established by the Board of Directors that are in conflict with the policy set forth in Attachment"A" shall be deemed rescinded to the extent of such conflict. PASSED AND ADOPTED at a regular meeting held May 24;2006. ., _ ATTEST: C r Board Sec&tary 1 Return b Aaenda Rem EXHIBIT "A" ORANGE COUNTY SANITATION DISTRICT POLICY REGARDING DIRECTORS' BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION Article I. Business and Travel Expense Reimbursement It is the District's policy to reimburse Board Members for authorized business and travel expenses in accordance with the procedures of this Policy. This Reimbursement Plan is intended to be an "accountable plan" under the applicable requirements of the Internal Revenue Code and Treasury Regulations. The District, through the Chair of the Board, will authorize attendance at conferences, seminars, meetings and travel, but such expenses related thereto will only be approved to the extent they are necessary to further the accomplishment of District goals and objectives. This Policy applies to all regular and alternate District Board Members authorized to represent the District in business or travel activities. At all times, District representatives serve the public and must do so within the ethical and business performance standards expected of a public agency. Prudent judgment and full compliance with District policies is required. Failure to use discretion in the incurring of business expenses may result in the loss of discretionary travel privileges. Sufficient funds must be included in the current Fiscal Year's operating or capital improvement budgets for all business and travel expenses to be paid or reimbursed under this Policy. Non-compliance with the Policy or falsification of reports or documentary evidence may result in corrective action, including criminal prosecution. Section 1_ Authorized Expenses. A. The following types of occurrences qualify Board Members to receive reimbursement for expenses incurred in the performance of official duties relating to travel, meals, lodging, and other actual and necessary expenses that constitute authorized expenses, provide the requirements of this policy are met: I. Communicating with representatives of regional, state and national government on issues or matters affecting the District or on District- adopted policy or political positions; 2 ReW m to Agenda Reporl ii. Attending conferences and/or educational seminars designed to improve the Board Members' expertise and information levels, including, but not limited to, ethics training required pursuant to Government Code Section 53234; iii. Participating in regional, state and national organizations whose activities affect the District's interests; iv. Attending District events; V. Implementing a District-approved strategy for District- related activities/ business; and A. Meetings such as those listed above for which compensation is expressly authorized under this policy. B. Unless otherwise specifically provided for herein, reimbursement for travel, meals, lodging, and other actual and necessary business expenses shall be at the rates presently in effect as established in Internal Revenue Service Publication 463 or any successor publication. Expenses not covered by this policy, or expenses in excess of the reimbursable rates set forth in this policy, are not reimbursable unless approved by the District Board of Directors in a public meeting before the expense is incurred. Section 2: Terms and Definitions. A. "Accountable Plan"shall mean the Internal Revenue Service Publication No. 463 for Travel, Entertainment, Gift and Car Expenses, or any successor publication. Expenses must have a business connection. Expenses must be adequately documented and include evidence such as receipts, canceled checks, invoices, or credit card statements to support the expenses, and must be submitted within sixty (60) days after they were paid or incurred. Any excess reimbursement must be returned within sixty (60) days. B. "Approval by the Board"shall mean Board of Directors approval at a regularly-scheduled Board Meeting with a quorum present and acting. C. "Alternate Board Member"shall mean a Member of the District's Board of Directors designated by the Director's agency to serve in the absence of the Board Member. When the Board Member is absent, the Alternate Board Member becomes the Board Member, and everything in this Policy applies. The Alternate Board Member and the Board Member cannot both be compensated for the same event without prior approval by the Board Chair. 3 ReW,n to Aaenda Report D. "Board Chair"shall mean the Member of the District's Board of Directors who has been elected by the other Members to serve as Chair. E. "Board Member"shall mean a Member of the District's Board of Directors, appointed by a member agency pursuant to California Health and Safety Code Section 4730.65. F. "Committee Member"shall mean any Member of the Board of Directors, appointed to a Standing or Ad Hoc Committee, established by an action of the Board or Board Chair. G. "Days Service Rendered"shall mean attendance as described in Article II, Section 13, below. H. "Director"shall mean a Member of the District's Board of Directors. I. `Incidentals"shall mean any minor, miscellaneous expense incurred during travel, including but not limited to, telephone, facsimile or computer connection service, local ground transportation, baggage handling and storage, and snacks. K. "Travel Expenses"shall mean transportation, lodging, meals, and incidentals expenses associated with attending a seminar, conference, or meeting requiring an overnight stay. L. "Travel Liaison"shall mean the Secretary to the General Manager, or such other employee as designated in writing by the General Manager. Section 3: Responsibilities. A. Directors shall be familiar with and comply with this Policy; ensure all travel and other reimburseable expenses are reasonable; coordinate multiple Director participation at conferences to avoid unnecessary duplication; and promote economic means of travel. The Board Chair can approve or deny requests for travel or business activities and reimbursements for Board and Committee Members. B. The General Manager shall be familiar with and comply with this Policy; ensure all travel and other reimburseable expenses are reasonable; coordinate multiple Director participation at conferences; and promote economic means of travel. 4 Return b Aaenda Rem C. The Travel Liaison shall be familiar with and comply with this Policy; promote economic and reasonable means of travel; and inform the General Manager of all unreconciled expenses regarding travel matters. D. The District Controller shall be familiar with and comply with this Policy; ensure all travel and other reimburseable expenses are reasonable; coordinate multiple Director participation at conferences; and promote economic means of travel. Section 4: Travel Liaison. The Travel Liaison shall arrange all travel, lodging, accommodations, and seminar/conference registrations for the Directors. The Travel Liaison shall use the District's designated travel agency for booking all air and ground travel. The General Manager is authorized to grant exceptions on a case-by-case basis. Any travel or registration not booked through the Travel Liaison, or not granted an exception, may be subject to payment by the Director without reimbursement from the District. Section : Designated Travel Agencv. The District will designate a single travel agency for the Travel Liaison to use to arrange all travel and lodging accommodations for Directors. Section 6: Seminars. Conferences. and Meetinas. A. Attendance at seminars, conferences, and meetings must be approved in advance by the Board Chair, except when specifically pre-authorized by this Policy. B. Directors may from time to time receive requests or may elect to attend meetings or conferences pertaining to the water and wastewater utility industry, and may be asked to, or may desire to, give presentations or otherwise represent the District at such events. Any Director wishing to attend such events and represent the District by providing a presentation or oral commentary shall request and receive advance authorization from the full Board of Directors. If such a request is granted, all expense reimbursements and travel and meeting attendance requirements shall comply with this Policy. In the event there is not sufficient time to submit a request to act as District Representative to the Board, the Board Chair has the authority to approve such a request in advance; this approval would then be subsequently submitted for ratification at the next regularly scheduled Board meeting. C. The number of Directors attending a seminar, conference, or meeting should be minimized, and there must be a District business reason for attendance. Such reasons would include, but are not limited to: presentation of technical findings; attendance at committee meetings, or technical sessions dealing with issues related to District business; or participation as an Officer of the Association. 5 ReWrn to Mo nda Report D. Seminars must be selected based on value to the District. Benefits would include improved efficiency and effectiveness, as well as becoming familiar with new regulatory standards. Free, local seminars must also be authorized in advance in order to be considered for approval of Director compensation. Preference will be given to seminars that are provided within the Southern California region. E. Attendance at seminars, conferences, or meetings in "destination resort" areas outside California or areas outside the continental United States will not be approved except by vote of the District's Board of Directors' Steering Committee. Section 7: Ground Transportation. A. The most economical mode and class of transportation reasonably consistent with travel and scheduling requirements will be used. Each Director shall be reimbursed at the rate per mile established by the United States Internal Revenue Service as allowable for mileage expense deduction for use of a personal vehicle on business of the District. As said allowable rate established by the Internal Revenue Service is periodically changed, said changes in the reimbursement rate shall become effective on the first day of the month following the month in which the change is announced by the Internal Revenue Service. B. In no event shall the amount paid for mileage reimbursement for use of a personally-owned vehicle used for travel in lieu of air travel, exceed the lowest available cost of coach class airfare. C. Personally-owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. D. Reasonable vehicle parking and storage costs will be allowed when rental or personally-owned vehicles are used for District business. E. Highway and bridge tolls are allowable expenses when incurred while conducting District business. F. Directors should only use rental cars for ground transportation when necessary or when it is less expensive than other forms of transportation such as trains, buses, taxis, or shuttles. Discretion must be used in selecting rental car size. The rental car should be the smallest size that provides adequate safety and comfort for the period of time it is in use. To accommodate a group of travelers, a larger vehicle may be rented in lieu of renting separate vehicles. 6 ReW,n to Aaenda Rw rt G Directors will not be reimbursed for any surplus insurance purchased for rental cars. The District and Director are sufficiently insured through existing District policies. Only Directors are allowed to operate rental cars. H. Use of chauffer-driven limousines is not allowed while conducting District business. I. When using ground transportation other than personally- owned vehicles, Directors shall use government and group rates offered by the provider of transportation services when available. Section 8: Air Transportation. A. Air transportation must be at coach class level. First class travel will only be allowed on an exception basis and must be approved in advance by the Board Chair, based upon physical needs or ability to conduct meaningful work while on board. B. Air transportation should be arranged as early as possible to take advantage of reduced fares for early reservations. Consideration should be given to alternative departure times, departure and arrival airports, dates, flight times, and stopovers to minimize airfares; however, the total cost of the alternatives (e.g., ground transportation, lodging) should also be considered in selecting an alternative. Internet booking services can be consulted to help in finding the optimum alternative; however, flights must still be reserved by the Travel Liaison. C. Government and group rates for airline travel shall be used when available. Section 9: Lodging. A. Government and group rates offered by a provider of lodging services shall be used when available. B. When travel is to a conference or organized educational activity, lodging costs shall not exceed the maximum group published by the conference or activity sponsor. Some conferences require early booking to take advantage of reduced rates. If lodging cannot be arranged at the conference group rate, other lodging accommodations may also be arranged if the cost is less than or equal to the conference group rate. No lodging within sixty (60) miles of the District's Administrative Offices or the Director's residence, whichever is less, will be reimbursed. 7 Rehm to Agenda Reporl Section 10: Meals and Incidentals. Meal expenses are allowed while Directors are traveling. Expenditures for meals will be moderate and reasonable. Expenses for meals not associated with travel but related to an appropriate business purpose meeting, are also allowed. Non-travel business meals will only be reimbursed if taken in conjunction with a District business meeting. Meals for Directors' guests will be reimbursed only if they have a legitimate business relationship with the District. A. Reimbursement Rates. Directors will be reimbursed for actual meal expenses, including all taxes and gratuities, up to the amounts indicated below. If meal expenses exceed the allowance amount, the Director will only be reimbursed the allowance amount, with the remainder being paid by the Director. If meal expenses are less than the allowable amount, only the actual expense amount will be reimbursed. All meal expenses must be documented in detail in accordance with this Policy. When receipts are provided, the maximum per meal/expense reimbursements are as follows: Breakfast $15.00 Lunch $20.00 Dinner $25.00 Snacks $10.00 Multiple meal expenses cannot be combined to pay for a more expensive single meal. The Policy is applied strictly as a per meal expense. In no event will a Director be reimbursed more than $70 per travel day under the Receipt Method. Receipts must be a detailed receipt from the restaurant for actual costs. Restaurant bill stubs do not provide sufficient detail and are not acceptable for reimbursement. Credit card receipts may be accepted, subject to Board Chair approval if itemized, if detailed meal receipts are not provided by the restaurant. B. Non-Reimbursable Meals and Incidentals. Directors will not be reimbursed for the following: i. Meals that are included in the cost of a conference or seminar, nor for meals taken elsewhere in lieu of the meal provided. ii. Meals provided by others. Conflict of interest policies and applicable statutes should be considered when providing meals for or receiving meals from persons or entities other than the District representatives. III. Meals provided to a spouse or guest. iv. Alcoholic beverages consumed by a Director or others. 8 ReW,n to Ao da Report Section 11: Extended Travel and/or Travel with Family Members. When a Director elects to extend his/her stay at travel destinations, or when traveling with family members, all expenses related to such extended or family travel, including, but not limited to airfare, extra meals, extended car rental, lodging, or incidentals shall be paid by the Director without reimbursement. When travel time restrictions or transportation discounts make it desirable for a Director to arrive at a conference, seminar, or meeting a day early, or to stay an additional day, those travel days will be considered the same as a day's service rendered; provided, approval is obtained from the Board Chair in advance. Section 12: Requests for Reimbursement. A. Requests for reimbursement shall be submitted to the District Controller not later than sixty (60) days after payment by the individual and shall be submitted on forms provided by the District. A delinquent expense report will not be reimbursed unless justified in writing and approved by the Board Chair . All requests for reimbursement must be accompanied by receipts or documentation evidencing each expense. Improper expenditures, or those not adequately documented, will not be reimbursed. Non-essential expenses, including but not limited to in-room movies, service bar, etc. will not be reimbursed. B. All expense reports shall include detailed receipts (except for meals to be paid pursuant to Section 9.B. above) and state the date, type of expense, District business purpose, those in attendance and their affiliations, and amounts expended. Section 13: Brief Reports to Board. At the next regular meeting of the Board of Directors following the event for which expenses are incurred, Directors shall briefly report, orally or in writing, on any meetings attended at District expense. If multiple Directors attended the meeting at District expense, a joint report may be made to the Board of Directors. Article H. Meeting Attendance and Compensation Section 12: Directors shall be paid a stipend as compensation, at the rate determined by the Board of Directors, and adopted by Ordinance No. OCSD-14 as amended, for attendance at Meetings, as defined below, and for each Day's Service Rendered as a Member of the Board. "Maximum Meetings Allowed Per Month" shall mean for the Board Chair, ten (10) meetings, or ten (10) days' service rendered per month; for all other Directors, six (6) meetings or six (6) days' service rendered per month. 9 4 Return fu Aoenda Remd "Meetings"shall mean all regularly convened Board of Directors Meetings, Standing Committee Meetings, Ad Hoc Committee Meetings, and other Meetings called by the Board Chair. Also included are specific industry conferences and business meetings of a recurring nature, such as the California Association of Sanitation Agencies and the Association of Metropolitan Sewerage Agencies, designated by the Board Chair. Meetings not sanctioned by the Board Chair are not considered business of the District. Section 1 : Directors shall receive a stipend as compensation, without further action or authorization of the Chair or the Board of Directors for attendance at the following: Board of Directors meetings; Standing Committee and Ad Hoc Committee meetings, of which the Director is a duly appointed member; meetings, conferences and committee meetings of CASA and AMSA; meetings of other governmental agencies, at which the District has an official delegate. Section 14: Each Day's Service Rendered as a Member of the District's Board of Directors, shall be deemed to include, but not be limited to: A. Attendance at any Meeting of a Committee of which the Director is not a member, when expressly invited to attend said Committee Meeting by the Chair of the Board of Directors. B. Attendance at conferences with State and/or Federal Legislators regarding District business, when approved by action of the Board of Directors. C. Attendance at a meeting, hearing, or conference relating to the business of the District, when approved by action of the Board of Directors, or when designated by the General Manager, with the concurrence of the Chair, in advance, and when deemed to be in the best interests of the District, including but not limited to the following: i. Meetings of nonprofit organizations or service club meetings where a Board Member is making a presentation on behalf of the District. ii. Ceremonial events. iii. Meetings with other elected officials or their employees, which do not include District Staff. iv. Meetings of the governing body of another agency, of which the District has an official delegate, where a matter directly affecting the 10 Return to Agenda Report interests of the District is agendized for discussion and the Board Member is not compensated by the other agency. V. Meetings with District Staff. vi. Industry related conferences other than California Association of Sanitation Agencies' or Association of Metropolitan Sewerage Agencies' work conferences. vii. Telephone conferences when physical attendance is impractical and not mandatory. viii. Ethics training required by Government Code sections 53234— 53235.5. Section 15: Non Compensable Attendance. Board Members shall not be compensated for the following meetings where there is no District-related business to be conducted: A. Nonprofit organization meetings. B. Nonprofit organization events. C. District-sponsored employee events, including but not limited to the annual holiday luncheon, employee picnic, or retirement events. D. Social or ceremonial events not pre-authorized by the Board. E. Service club meetings other than those included in Section 14(C)(i) above. F. Parades, festivals, holiday events, or retirement dinners. G. Meetings with existing or potential contractors, vendors, or consultants. H. Meetings of partisan political organizations. Section 16: No Director shall receive compensation for attendance at more than one meeting on any one calendar day. Section 17: No Alternate Director shall receive compensation for attendance at any meeting unless serving in the absence of the regular, Active Director, unless the Board Chair invites the Alternate Director to attend the meeting and approves payment of compensation. 11 Return to Agenda Repotl The Policy was duly adopted, by action of the Board of Directors, on 2006 and shall be effective upon its adoption. 12 ADMINISTRATION COMMITTEE Neeting/14 Date T1.1 IDir. 03/123/26/14 AGENDA REPORT Number Item N Item 2m s Nu be Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: ORDINANCE NO. OCSD45, AMENDING ORDINANCE NO. OCSD-34 TO REDUCE THE MAXIMUM NUMBER OF COMPENSABLE DAYS OF SERVICE PER MONTH, FROM TEN TO SIX, FOR THE BOARD CHAIRPERSON GENERAL MANAGER'S RECOMMENDATION A. Introduce Ordinance No. OCSD45, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District Amending Ordinance No. OCSD- 34 Pertaining to the Compensation of the Members of the board of Directors'; and B. Motion to read Ordinance No. OCSD45 by title only and waive reading of said entire Ordinance on March 26, 2014; and C. Set April 23, 2014, as the date of the Public Hearing to hear protests and for the second reading and adoption of Ordinance No. OCSD-45. D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. SUMMARY Ordinance No. OCSD-34 establishes the compensation of the Board of Directors and authorizes compensation for attendance at each meeting of the Board of Directors, or for each day's service rendered as a Member of the Board, by request of the Board; for no more than a total of six meetings per month. The Board Chairperson is authorized to receive compensation for up to ten meetings per month. The proposed ordinance revises the compensation so that the Chairperson receive compensation for up to six meetings per month, equal to the maximum compensation authorized for the rest of the Board. PRIOR COMMITTEE/BOARD ACTIONS November 2007— Board adopted Ordinance No. OCSD-34, Establishing Board of Directors Compensation Page 1 of 2 987428.1 ADDITIONAL INFORMATION The District has been working to reduce costs reducing the maximum compensation for the Board Chairperson is consistent with the District's cost reduction measures. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.coml with the complete agenda package: • Proposed Ordinance No. OCSD-45 • Ordinance No. OCSD-34 Page 2 of 2 987428.1 Return to Mende Report ORDINANCE NO.00SD-45 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT, AMENDING ORDINANCE NO. OCSD-34 PERTAINING TO THE COMPENSATION OF THE MEMBERS OF THE BOARD OF DIRECTORS. WHEREAS, Members of the Board of Directors are entitled, by the provisions of State law, to receive compensation for attendance at meetings, or for each day's service rendered as a Member of the Board; and, WHEREAS, Ordinance No. OCSD-34 establishes the compensation of the Board of Directors and authorizes additional compensation for the Board Chairperson; and, WHEREAS, the Board wishes to amend Ordinance No. OCSD-34 to set the compensation of the Board Chairperson to be the same as that of the rest of the Board Members. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section 1: Section 1 of Ordinance No. OCSD-34 is hereby amended to read: "That each Director shall receive the sum of Two Hundred Twelve Dollars and Fifty-Cents ($212.50) for attendance at each meeting of the Board of Directors, or for each day's service rendered as a Member of the Board, by request of the Board; provided that each Director shall receive compensation for not more than a total of six (6) meetings or six (6) days' service per month." Section 2: Section 2 of Ordinance No. OCSD-34 is hereby repealed. Section 3: If any provision of this Ordinance is adjudged by a Court of proper jurisdiction to be invalid, or unenforceable, it is the intention of the governing body adopting this Ordinance, that all other provisions shall be valid and enforceable. Section 4: This Ordinance shall be effective sixty (60) days after adoption. OCSD-45-1 Return to Mende Report PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange County Sanitation District held on April 23, 2014. Chair of the Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Orange County Sanitation District Bradley R. Hogin, General Counsel Orange County Sanitation District OCSD-45-2 Return to Mende Report STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, Maria E. Ayala, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-45 was introduced for first reading at a regular meeting of said Board on the 26� day of March, 2014, and was passed and adopted at a regular meeting of said Board on the 23'ti day of April, 2014, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of April, 2014. Maria E. Ayala Clerk of the Board Orange County Sanitation District OCSD-45-3 Return to Mende Report ORDINANCE NO.00SD-34 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT, ESTABLISHING BOARD OF DIRECTORS' COMPENSATION, AND REPEALING ORDINANCE NO. OCSD-14 AND ORDINANCE NO. OCSD-23 WHEREAS, Members of the Board of Directors are entitled, by the provisions of State law, to receive compensation for attendance at meetings, or for each day's service rendered as a Member of the Board; and, WHEREAS, the last adjustment in the per diem compensation for Directors was effective in 2001; and, WHEREAS, the State Legislature, during the regular Session of Year 2000, adopted legislation (Senate Bill 1559), Chaptered in law (Ch. 86, Stats. 2000), effective January 1, 2001, authorizing the adoption of an Ordinance pursuant to California Water Code Sections 20200 through 20207, including an increase of the per diem compensation in an amount not to exceed five (5%) percent for each calendar year following the operative date of the last adjustment; and, WHEREAS, a policy has been established in Resolution No. OCSD 04-16 regarding Board of Directors' business and travel expense reimbursement, and meeting attendance and compensation; and, WHEREAS, the Board of Directors determines that the proposed increase is reflective of increases in the cost of living related to the performance of service. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section 1: That each Director shall receive the sum of Two Hundred Twelve Dollars and Fifty-Cents ($212.50) for attendance at each meeting of the Board of Directors, or for each day's service rendered as a Member of the Board, by request of the Board; provided that each Director, other than the Chair of the Board, shall receive compensation for not more than a total of six (6) meetings or six (6) days' service per month. Section 2: The Chair of the Board shall receive compensation for not more than a total of ten (10) meetings, or ten (10) days' service per month. Section 3: If any provision of this Ordinance is adjudged by a Court of proper jurisdiction to be invalid, or unenforceable, it is the intention of the Return to Mende Report governing body adopting this Ordinance, that all other provisions shall be valid and enforceable. Section 4: Ordinance Nos. OCSD-14 and OCSD-23 are hereby repealed. Section 5: This Ordinance shall be effective sixty (60) days after adoption. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange County Sanitation District held November 28, 200T Chi of the Board of ectors O e County Sanita ion District ATTEST: �� Clerk of of t Orange County Sanitation District r Bradley R. H gin, Gener;ArC946s61 Orange County Sanitation Di trict ' Return b Aaenda Report STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY M. KYLE, Clerk of the Board of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-34 was passed and adopted at a regular meeting of said Board on the 28th day of November, 2007, by the following vote, to wit: AYES: Steven Choi; Larry Crandall; Doug Davert; Jim Ferryman; Rich Freschi; Cathy Green; Phil Luebben; Roy Moore; Joy Neugebauer; Chris Norby; Ken Parker; Constance Underhill; Mark Waldman; Don Webb NOES: Charles Antos; Don Bankhead; Tom Beamish; Bill Dalton; Patsy Marshall; Dave Shawver; Harry Sidhu; Jim Winder; ABSENT: Jon Dumitru; Darryl Miller; Sal Tinajero IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of November, 2007. Penny M. We Clerk of the Board Orange County Sanitation District H:OEPT MO\IM1510SAROINTNCESVMMCSD. LOROIMNCE CERTIFICNMMWC ITEM NO. 13 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, February 26, 2014, at 5:32 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager Troy Edgar, Chair Bob Ghirelli, Assistant General Tom Beamish, Vice-Chair Manager Brad Reese, Administration Committee Nick Arhontes, Director of Facilities Chair Support Services John Nielsen, Operations Committee Nick Kanetis, Director of Engineering Chair Jeff Reed, Director of Human Keith Curry, Member-At-Large Resources Brett Murdock, Member-At-Large Ed Torres, Director of Operations & Maintenance Lorenzo Tyner, Director of Finance & COMMITTEE MEMBERS ABSENT: Administrative Services John Withers, Member-At-Large Maria Ayala, Clerk of the Board Janine Aguilar Jim Colston Norbert Gaia Andrew Nau Rich Spencer Rob Thompson OTHERS PRESENT: Brad Hogin, General Counsel Jim Ruth, Consultant PUBLIC COMMENTS: None. Minutes of the Steering Committee February 26, 2014 Page 2 of 4 COMMITTEE CHAIR REPORT: Chair Edgar reported on his trip to Washington DC, where he attended the CASA Conference as well as attending various meetings with District's delegation to discuss ongoing project actions surrounding the SARI Line realignment, removal of rip rap, and other issues of concern to the wastewater industry, and the Sanitation District in particular. Chair Edgar announced that a forthcoming trip to Washington DC will occur on or about April 7� , wherein he will be accepting the U.S. Water Prize on behalf of the Sanitation District. Chair Edgar also invited the Committee members to attend the Sanitation District's Floor Recognition ceremony on March 201", should they already happen to be in Sacramento on that date. The recognition is for the District's 60t" Anniversary. GENERAL MANAGER REPORT: Mr. Herberg reported on the following: • Various events attended by the District during the month of February as part of the community outreach program; • Joint management team meeting with IRWD; • Legislation on converting the City or Yorba Linda seat on the OCSD Board; • Newport Beach Force Main Rehabilitation Project contract award status; • Two committees were agreed to from the SAWPA Settlement agreement. One being the Joint Operations Committee and the other being the Joint Policy Committee. Meetings are scheduled to take place in the near future; • Attending the SAWPA Commission meeting with Chair Edgar and Vice- Chair Beamish on February 4" to recognize SAWPA's collaboration with the Sanitation District; • Huntington Beach Community Meeting. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the January 26, 2014 Steering Committee Meeting. AYES: Beamish, Edgar, Reese, Murdock, Nielsen NOES: None Minutes of the Steering Committee February 26, 2014 Page 3 of 4 ABSTENTIONS: None ABSENT: Curry and Withers ACTION ITEMS: None. INFORMATION ITEMS: 2. International Water Summit Trip Report Chair Edgar briefly reported on this recent trip from and encouraged everybody to read his report that was included as part of the agenda. CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54957.6 and 54957(b)(1). The Committee convened in closed session at 5:47 p.m. to discuss two items. Confidential Minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. Director Curry arrived at the meeting during closed session. RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session at 6:30 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. Minutes of the Steering Committee February 26, 2014 Page 4 of 4 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:30 p.m. Submitted by: Maria E. Ayala Clerk of the Board ITEM NO. 14 MINUTES LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE MEETING Orange County Sanitation District The Legislative and Public Affairs Special Committee meeting convened on Monday, March 10, 2014, at 8:00 a.m. in the Administration Building of the Orange County Sanitation District. Director Withers led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Tom Beamish, Board Vice-Chair Jim Herberg, General Manager Brad Reese, Administration Committee Bob Ghirelli, Assistant General Chair Manager John Withers, Administration Nick Arhontes, Director of Facilities Committee Vice-Chair Support Services David Benavides, Director Jeff Reed, Director of Human Resources Rob Thompson, Director of Engineering COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations Troy Edgar, Board Chair and Maintenance John Nielsen, Operations Committee Lorenzo Tyner, Director of Finance & Chair Administrative Services Maria Ayala, Clerk of the Board Jennifer Cabral Jim Colston Faviola Miranda Kelly Newell OTHERS PRESENT: Heather Stratman, Townsend Public Affairs Eric Saperstein, ENS Resources (via teleconference) PUBLIC COMMENTS: None. Minutes of the Legislative and Public Affairs Special Committee March 10,2014 Page 2 of 4 REPORTS: Board Vice-Chair Beamish reminded the Committee about the upcoming Sacramento Floor Recognition event for the District's 60`h Anniversary. Mr. Herberg announced Rob Thompson as the District's new Director of Engineering. Board Vice-Chair Beamish announced that Information Item No. 3 would be heard first. INFORMATIONAL ITEMS: 3. Federal Legislative Update Mr. Sapirstein reported on the following: the various meetings that were attended in Washington DC by Board Chair Edgar; the CASA session that Jim Colston, OCSD Environmental Compliance and Regulatory Affairs Manager, moderated; funding requests from the 2015 budget; and meetings with Orange County delegation on various issues affecting the district and wastewater industry. Mr. Sapirstein introduced David French, his associate, who spoke to the ongoing project actions surrounding the SARI Line realignment and removal of rip rap. CONSENT ITEMS: 1. MOVED, SECONDED, and DULY CARRIED: Approve the minutes for the Committee meeting held on February 10, 2014. AYES: Beamish; Benavides; Reese; and Withers NOES: None ABSTENTIONS: None ABSENT: Edgar and Nielsen Minutes of the Legislative and Public Affairs Special Committee March 10,2014 Page 3 of 4 NON-CONSENT ITEMS: 2. Recommend to the Board of Directors to: Approve the Orange County Sanitation District 2014 Legislative Platform AYES: Beamish; Benavides; Reese; and Withers NOES: None ABSTENTIONS: None ABSENT: Edgar and Nielsen INFORMATIONAL ITEMS: 4. State Legislative Update Ms. Stratman gave an update on state legislative affairs that included: upcoming meetings and hearings in Sacramento that OCSD will attending on March 19"; 60thAnniversary floor recognition on March 20`"; water bond legislation; GWRS expansion; etc. 5. OCSD Community Outreach and 60`h Anniversary Updates Mr. Herberg reported that he presented at the Korean-American Scientists and Engineers Association Conference in Garden Grove. Faviola Miranda asked the Committee for feedback on what agencies they would consider to receive special recognition from the District as part of the District's 60" Anniversary celebration plan. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Board Vice-Chair Beamish announced that the date for the April Legislative and Public Affairs Special Committee Meeting has been changed; the new date is Wednesday, April 16,2014 at 8 a.m. Minutes of the Legislative and Public Affairs Special Committee March 10,2014 Page 4 of 4 ADJOURNMENT: The Board Vice-Chair declared the meeting adjourned at 8:25 a.m. Submitted by: Maria E. Ayala Clerk of the Board LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Mo%io/cia4b� T03/26/14r AGENDA REPORT Item 2 bar I em Number 2 is Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jim Colston, Environmental Compliance Manager SUBJECT: APPROVAL OF DRAFT 2014 LEGISLATIVE PLATFORM GENERAL MANAGER'S RECOMMENDATION Approve the Orange County Sanitation District 2014 Legislative Platform. SUMMARY Since 2006, the Orange County Sanitation District (OCSD) has annually approved a Legislative Platform which provides a list of key issues for OCSD's staff, management, Board of Directors and legislative advocates to follow during the legislative year. Additionally, the Legislative Platform provides direction to the staff and management on how coordinate advocacy efforts with wastewater associations and state and federal legislative bodies. PRIOR COMMITTEE/BOARD ACTIONS 2006-2013, annually approve the OCSD Legislative Platform ADDITIONAL INFORMATION N/A CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE NA Page 1 of 2 ATTACHMENTS The following attachments(s)are attached in hard copy and may be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package and attachments: • OCSD 2014 Legislative Platform Page 2 of 2 Return to Mende Rom Orange County Sanitation District Draft 2014 Legislative Platform SOP /O c \ a �9 to / HAP iME Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform Legislative Affairs Team OCSD Staff James Colston (714)593-7450 jcolston@ocsd.coml Environmental Compliance Manager James Herberg (714)593-7110 jherberg@ocsd.com General Manager Robert Ghirelli, (714)593-7400 rghirelli@ocsd.com Assistant General Manager Federal Lobbying Team Eric Sapirstein (202)466-3755 esap@ ENS Resources ensresources.com Sacramento Lobbying Team Townsend Public Affairs Christopher Townsend (949)399-9050 cownsend@TownsendPA.com Heather Stratman (949)399-9050 hstratman@TownsendPA.com 2 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform Introduction The Orange County Sanitation District(OCSD)recognizes the need for an active State and Federal legislative advocacy program to ensure the interests of the ratepayer and Board of Directors are protected.Towards that end,the legislative affairs team monitors activities in Sacramento and Washington,D.C. and takes appropriate action in support or opposition of legislative initiatives. Each year,the Board of Directors adopts a Legislative Platform,which is a summary of goals, key issues and OCSD's policy position.The following legislative policies have been developed by OCSD staff and legislative advocates in consideration of OCSD service area cities' and policy needs.These Board- approved policies serve as OCSD's official positions of support or opposition on issues of importance to the agency.The Legislative Platform is a dynamic document,adopted annually and changing to the needs of the Board. The legislative affairs team,in conjunction with the Board,may take appropriate action consistent with the Legislative Platform, including, but not limited to,drafting letters, lobbying legislators and staff and crafting bills. Procedure for Taking Positions on Bills 1. Staff will track bills of greatest interest to the District,particularly those that fall within the goals and objectives identified by the Board of Directors.Staff will monitor bills being watched by similar agencies in Orange County(OCW D, MWDOC,etc.)as well as State Agencies such as California Association of Sanitation Agencies (CASA),the California Special Districts Association (CSDA)and the Association of California Water Agencies(ACWA). 2. For those bills that are being tracked where there is clear policy direction stated in the Board- adopted Legislative Platform or adopted goals,staff can send letters and give direction to the lobbyists to advocate that position. 3. Where a particular issue is not urgent,all legislative letters will be hand-signed by the Chair or Vice-Chair. If a matter is urgent,staff may use the signature stamp,so long as a clear policy direction exists. 4. A summary of bills being tracked will be presented to the Legislative and Public Affairs Committee monthly. 5. When a bill does not fall within the scope of the Legislative Platform or is a politically controversial issue,staff will seek direction from the Legislative and Public Affairs Committee. 6. If a bill does not fall within the scope of the Legislative Platform, but the California Association of Sanitary Agencies(CASA),the California Special Districts Association(CSDA)or the National Association of Clean Water Agencies(NACWA) has an adopted position,staff may follow this position but must inform the Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting. 3 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform Legislative Goals for 2014 • Federal Goals o Support CASA's Federal Legislative program and goals. o Work with Congress and the EPA on the Sunshine on Conflicts Act to ensure passage or implement rule changes. o Work with Congress on legislative and regulatory changes related to the Clean Water Act. o Seek Federal Funding for projects,including infrastructure funding,ecosystem restoration and alternative energy projects. • State Goals o Support SB 946 which would amend the OCSD District Act for governance purposes o Monitor pertinent legislation and take positions as appropriate, based on Steering Committee direction and the adopted Legislative Platform. o Continue to monitor the State Budget and aggressively protect local property taxes. o Monitor pension reform legislation for clean-up bills. o Seek state funding through grants Federal and State Legislative Policies 1. Air Quality:OCSD is committed to complying with federal,state,and local air quality laws and rules.OCSD is further committed to establishing an odor policy to assure that the district is a good neighbor to the surrounding communities. a. Support air quality legislation that emphasizes the use of advance technologies and applicable market incentives, and incentives for the use of alternative fuels and the development of the infrastructure for alternative fuel vehicles. b. Support measures that maintain and enhance local decision-making authority,where appropriate, in the development and implementation of air quality attainment strategies. c. Support legislation to ensure greater consistency between the California and Federal Clean Air Acts; including the need to demonstrate cost-effective public health or environmental benefit if California elects to exceed federal standards. d. Support strategies that clearly demonstrate and provide for the most cost-effective means for meeting air quality goals. e. Support,in concept, legislation that would utilize incentives and pricing strategies as a preferred alternative to traditional command and control regulations for meeting emission reduction objectives for all sources. f. Oppose actions that preclude implementation of the Air Quality Management Plan (AQMP)to the extent that such actions could subject the basin to sanction or conformity penalties. 4 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform 2. eiosolids:OCSD strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment. a. Support legislation that supports the use of biosolids as on non-food production agricultural lands. b. Support policies that encourage biosolids product use by horticulture and retail consumers. c. Oppose legislation that bans the use of biosolids for land application in any region, county,or state. d. Support science-based legislation that establishes a state-wide regulatory system for biosolids management. 3. Grant Funding:OCSD is committed to offsetting its research,special projects and wastewater infrastructure project and construction costs by obtaining funding through grants and cooperative agreements. a. Support appropriations legislation, bonds, programs,and projects that provide funding for infrastructure construction and rehabilitation,special studies and research or projects relating to security, environmental education,water quality,wastewater processing, urban runoff,water conservation, and water recycling. b. Support projects that provide for public benefit,over projects that are primarily intended for private benefit or gain. c. Support continued federal funding for protecting and realigning the Santa Ana River Interceptor project and for secondary treatment upgrades. d. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. 4. Labor Relations:OCSD is committed to the exercise of and provision of orderly procedures for the administration of employer-employee relations,including, but not limited to,meeting and conferring in good faith with recognized employee organizations regarding the wages, hours of work,and other terms and conditions of employment. a. Support measures to reform current workers compensation formulas to rely on higher thresholds for compensation or a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special districts. c. Support measures to ease applicability ofthe Fair Labor Standards Act(FLSA)on public agencies. d. Oppose any measure imposing compulsory and binding arbitration with respect to public employees. e. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local bargaining table. 5 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform f. Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. g. Oppose any measure granting public employees the right to strike. h. Oppose a new mandatory Social Security tax for public employers and public employees. 5. Planning:OCSD ensures the long-range planning of capital improvement programs in order to deliver the highest quality facilities. a. Support reform of existing state, regional,and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. b. Support measures that provide new revenues for growth management and the public facilities necessary to support expected growth. c. Support proposals encouraging regional,sub-regional or countywide cooperation in planning urban development strategies,especially those that provide funding for effective implementation of agreed upon goals. d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation. e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in the Southern California Association of Governments'(SLAG)sub-regional process. 6. Public Health: Protection of public health is OCSD's core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. a. Support hazard mitigation,emergency response,planning and recovery through direct legislation, policy directives and funding toward floodplain security within the Santa Ana River watershed. b. Support(generally)measures that provide for improved public health through regulation. c. Support the protection of public health through the construction and implementation of advanced wastewater treatment technology. 7. Public Works:OCSD is committed to the achievement of effective and efficient projects that provide wastewater treatment services that benefit its ratepayers. a. Support measures that provide funding and support to publicly owned treatment works and sewerage collection systems. b. Support legislation that allows public agencies to procure goods and services in manners similar to private industry,thereby reducing overall costs of delivery. c. Support legislation that improves the Utility Underground Service Alert Program in order to improve coordination, identification, minimize damage, minimize environmental risks 6 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform and minimize cost exposure to publicly owned facilities when contractors are performing sub-surface work. d. Support a comprehensive response to the State's electricity and natural gas shortages that provide a stable energy supply, respects the ability of municipalities to provide power, recognizes that infrastructure(i.e.emergency and standby generators)exists that could be employed temporarily during periods with minimal air quality impact and protects ratepayers(including cities and special districts) against dramatic rate increases and statewide power outages. e. Support legislation that allows OCSD to utilize the Best Value Design/Build option for the construction of public works projects. B. Revenue and Taxation:Track pending legislation to ensure OCSD remains in compliance with the government code as it pertains to wastewater system user fees and property tax revenues and the investment of public funds. a. Support measures leading to a greater financial independence from the state and would result in greater stability and predictability in local government budgeting. b. Oppose measures that impose mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. c. Oppose legislation that shifts tax revenues away from local governments without the adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of those local governments. d. Oppose measures that allow state retention of existing local revenue sources,including the special district share of property tax, sales tax,vehicle license fees and rate payer fees. e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund programs for which the state is responsible,particularly the courts, health,and welfare programs. 9. Special Districts:OCSD supports the maintenance of special districts to provide specific services, in response citizen's demands, in a cost effective manner. a. Support outreach to local, regional,and state elected officials to foster a greater understanding regarding the critical relationship between adequate reserves and the successful short-and-long-term operation of water and wastewater agencies. b. Support the work of the Association of California Water Agencies(ACWA), California Association of Sanitation Agencies(CASA),and California Special Districts Association (CSDA) in any future discussions or negotiations pertaining to the legislative and budget issues relative to preserving control of members'reserves. c. Oppose further state regulations that adversely impact special district financing and operations. 7 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform d. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by water and wastewater districts. f. Oppose the imposition of unfunded, mandated programs on local governments. g. Oppose efforts that diminish OCSD's ability to govern efficiently and effectively, including expanding the size of the Board of Directors. 10. Water Quality and Supply:OCSD is committed to participating collaboratively in the protection of regional water resources for the benefit of the people we serve. a. Support continued federal and state funding for the Santa Ana River Interceptor Relocation project. b. Support(generally)measures to increase water supply and improve water quality in the region. c. Support measures that would increase funding for water reuse technologies, including support for the Groundwater Replenishment System project by the Orange County Water District and OCSD to create new water supplies through recycling. d. Support U.S.Army Corps of Engineers projects for Orange County regarding watershed and water quality protection and sand replenishment. e. Support measures that promote and provide for the use of reclaimed water. f. Support"watershed-based" solutions,including cost-shared studies with the US Army Corps of Engineers of water quality impairments that reflect state-of-the-art science. g. Support policy development,funding,and research for addressing urban runoff and beach closures, including funding for studies that identify the sources of bacterial,viral and other contaminants and human pathogens. In. Support measures to evaluate water quality standards,as needed,to ensure the objectives are appropriately protecting the designated use. i. Support measures to develop a state-wide consistent policy for total maximum daily load(TMDL) listing and delisting. j. Support State General Fund subventions and Bond revenue to special districts for local and regional efforts that educate the public on urban runoff,which provide for long- term capital improvements(like storm drain diversions and filters),and encourage municipalities to implement Urban Runoff Best Management Practices at the local level. k. Support legislation that would retain any Regional Board fines levied against a permit violator within the Region of the fine. I. Support legislation that provides"amnesty"from administrative civil liability(ACL)fines from Regional Boards for agencies participating in comprehensive watershed studies that will,when complete, address the problem that resulted in the ACL fine. 8 Originally Adopted December,2005 March 2014 Return to Aaenda Report Orange County Sanitation District 2014 Legislative Platform m. Support efforts, including legislation, clarifying that Regional Water Quality Control Board rules that require spending funds are unfunded mandates. n. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects. o. Support measures for alternative energy sources. p. Support efforts to reduce the toxic and non-reusable waste load. q. Support legislation and regulations that promote improved water use efficiency in construction of water efficient buildings and communities. r. Support legislation that promotes improved water use efficiency through state and federal assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. s. Support legislation that provides for groundwater management on a local level,with respect to coordination of programs, extraction and production rights, long-term protection and groundwater quality protection. t. Support legislation that provides for the development of the watershed approach, including watershed management plans and watershed based permitting. u. Oppose proposed environmental constraints on government agencies that would result in economic damage to the region while providing only minimal protections. v. Oppose efforts to make all NPDES permits the same. Requirements of other permits may be too onerous or not applicable. OCSD's permit should be tailored to the Orange County region and watershed. w. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is privately caused or regional in nature(e.g.,when the nexus between those responsible for environmental abuse and those required to pay for cleanup or mitigation is absent). x. Support measures supporting urban runoff studies and urban runoff reduction. y. Support Coastal Water Quality efforts to ensure that clean beach projects remain a top priority for the state,whether through negotiations on upcoming resources bonds, in setting of legislative priorities, implementation of funding programs,and in any other relevant process. 9 Originally Adopted December,2005 March 2014 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) 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 OOBS 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 SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board Glossary of Terms and Abbreviations 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. Collform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Glossary of Terms and Abbreviations Dilution to Threshold (D/T) - the dilution at which the majority of the people detect the odor becomes the D/T 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. 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. Glossary of Terms and Abbreviations Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.