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Home My WebLink About12-15-2010 Board Agenda Packet December 8, 2010 NOTICE OF MEETING BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Wednesday, December 15, 2010 — 6:30 P.M. Administration Building 10844 Ellis Avenue Fountain Valley, California 92708 The Regular Meeting of the Board of Directors of the Orange County Sanitation District will be held at the above location, time and date. Associate Clerk of the Board Operations Committee - Dark in January Administration Committee - Dark in January Steering Committee - Wednesday, January 26, 2011 at 5:30 p.m. NS ANTTj VO Fir/NG THE ENV`Pp� BOARD MEETING DATES *December 15, 2010 January 26, 2011 February 23, 2011 March 23, 2011 April 27, 2011 May 25, 2011 June 22, 2011 July 27, 2011 August 24, 2011 September 28, 2011 October 26, 2011 *November 16, 2011 *Meetings are being held on the third Wednesday of the month Orange County Sanitation District �„z1 SAN11f ro Wednesday, December 15, 2010 Regular Meeting of the �% 6:30 P.M. Board of Directors Board Room 10844 Ellis Avenue Fountain Valley, CA THE E��Qd (714) 593-7130 AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (James D. Ferryman - CMSD) ROLL CALL: 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. 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. CLAIMS: 1. Ratifying payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending 11/15/10 11/30/10 Totals $9,872,249.15 $11,243,649.09 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 to a contract involving 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. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 2. Approve Minutes for the Regular Meeting held on November 17, 2010. 3. Adopt Resolution No. OCSD 10-22, Adopting a Conflict of Interest Code Which Supersedes All Prior Conflict of Interest Codes and Amendments Previously Adopted. 12/15/10 OCSD Board of Directors'Agenda Page 1 of 6 CONSENT CALENDAR: (cont'd) 4. A. Receive and file summons and complaint re Elizama G. Langer et al v. Orange County Sanitation District, et al., Los Angeles County Superior Court Case No. BC447695; and B. Authorize General Counsel to appear and defend the interests of the District. 5. Approve Three Party Agreement No. D10-014 with the Orange County Flood Control District, City of Yorba Linda, and the Orange County Sanitation District, providing for the establishment of the terms and conditions for the implementation of the Yorba Linda Spur in connection with Santa Ana River Interceptor Realignment and Protection, Contract No. 2-41. 6. A. Approve Plans and Specifications for the P1 Power Building 4 Power Transformer System Upgrade, Project No. FE07-09, on file at the office of the Clerk of the Board; B. Approve Addendum No. 1 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to Mass Electric Construction Company for P1 Power Building 4 Power Transformer System Upgrade, Project No. FE07-09, for an amount not to exceed $308,230; and E. Approve a contingency of $61,646 (20%). 7. A. Approve Plans and Specifications for the P1 Baker-Gisler Siphon Access and Air-Jumper Improvements, Project No. FE05-41 , on file at the office of the Clerk of the Board; B. Approve Addendum No. 1 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to 4-Con Engineering, Inc., for P1 Baker-Gisler Siphon Access and Air-Jumper Improvements, Project No. FE05-41 , for an amount not to exceed $279,950; and E. Approve a contingency of $55,990 (20%). STEERING COMMITTEE: 8. Approve Minutes of the November 17, 2010, Steering Committee meeting. 12/15/10 OCSD Board of Directors'Agenda Page 2 of 6 OPERATIONS COMMITTEE: 9. Approve Minutes of the December 1, 2010, Operations Committee meeting. 10. A. Award a sole source Professional Consultant Services Agreement with MWH Americas, Inc. for an amount not to exceed $125,206 for developing a Plan of Operation for Secondary Treatment; and B. Approve a contingency of $5,000 (4%). 11. Approve a twelve-month real property lease, and subterranean license agreement with an option to extend, with Brea Imperial Inc. and RV Storage Depot Brea to allow mobilization of a chemical dosing station and injection of chemicals at 1225 West Imperial Highway in Brea, for a total cost of $2,500 per month, in a form approved by General Counsel. 12. A. Approve a Professional Consultant Services Agreement with Black & Veatch Corporation to provide construction support services for Power Monitoring and Control Systems, Job No. J-33-3, for an amount not to exceed $691 ,851; and B. Approve a contingency of $48,430 (7%) 13. A. Approve Amendment No. 3 to the Professional Services Agreement with M. J. Schiff & Associates, Inc., providing for additional engineering services for Interplant Gas Line Rehabilitation, Job No. J-106, for an additional amount of $104,450, increasing the total amount not to exceed $361,976; and B. Approve a contingency of $18,099 (5%). 14. A. Approve Professional Consultant Services Agreements with Black & Veatch Corporation; Brown and Caldwell; Carollo Engineers, Inc.; HDR Engineering, Inc.; and Malcolm Pirnie, Inc. to provide planning studies on a task order basis for a two-year term, with a one-year optional renewal; B. Authorize the General Manager to assign task orders throughout the contract duration in accordance with the Delegation of Authority Resolution No. OCSD 07-04; and C. Approve exception to Resolution No. OCSD 07-04, Section 4.05, authorizing the General Manager to select any single suitable firm in the Planning Studies Program for a particular task order valued at $50,000 or less, without having to solicit proposals from multiple firms. 12/15/10 OCSD Board of Directors'Agenda Page 3 of 6 ADMINISTRATION COMMITTEE: 15. Approve Minutes of the December 8, 2010, Administration Committee meeting. (Minutes to be distributed at the 12115110 Board meeting) 16. A. Authorize the General Manager to permanently establish Motorola radio system equipment as the Orange County Sanitation District's (OCSD) standard for the licensed, privately operated, mobile radio system; and, B. Authorize use of Resolution No. OCSD 07-04, Section 3.08: Cooperative Procurement, for purchases of equipment and services of Motorola radio systems, for a total amount not to exceed $250,000, to include all tax and freight. 17. A. Reject bids submitted by Intratek Computer, Inc., and Psomas in accordance with specification requirements for Facilities Records Group Staffing Support, Specification No.CS-2010-470BD; B. Approve a Professional Services Agreement with Project Partners, Inc., the lowest responsive and responsible bidder, for Facilities Records Group staffing support and related services, Specification No. CS-2010-47013D, for a total amount not to exceed $163,200 for one six-month period; C. Approve an option of one additional six-month renewal for a total amount not to exceed $163,200; and D. Approve a $16,320 contingency (10%) per year. 18. Authorize the General Manager to add or delete qualified firms as necessary to Purchase Order Agreement No. CS-2009-000OB for Safety Training Services Specification No. CS-2009-402BD and Specification No. CS-2009-402BD(a) to meet work requirements as identified by the Risk Management Division. NON CONSENT CALENDAR: 19. A. Approve a project budget increase of $201,000 to Newport Sewer and Force Mains, Bitter Point to Coast Trunk Sewer, Contract No. 5-58, for a total budget of$31,590,800; and B. Ratify the General Manager's Use of Emergency Purchasing Authority Pursuant to Delegation of Authority Resolution 07-04 Section 6.03(J), approving a contingency increase of $201,000 (30%) to the contract with Jamison Engineering Contractors, Inc. for said project for a total contingency of $335,000 (50%). 12/15/10 OCSD Board of Directors'Agenda Page 4 of 6 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, if necessary (1) CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION (Government Code Section 54956.9(b), 54956.9(c)) Significant Exposure to Litigation and Potential Initiation of Litigation Number of Potential Cases: 2 a) Enertech Rialto Facility Contract b) Newport Trunk Sewer, Project 5-58 (2) CONFER WITH DISTRICT NEGOTIATORS (Government Code Section 54954.5(o) • Agency Designated Representatives: James D. Ruth, General Manager; Robert Ghirelli, Assistant General Manager; Jeff Reed, Human Resources & Employee Relations Manager; and, Richard Spencer, Human Resources Supervisor. • Unrepresented employees: executives, managers, supervisors and professionals. (3) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION (Government Code Section 54956.9(a)) Case: Nguyen v. OCSD, Orange County Superior Court, Case No. 30- 2008-00115222 Reconvene in regular session and consider action, if any, on matters discussed in closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Board of Directors Regular Meeting is scheduled for Wednesday, January 26, 2011, at 6:30 p.m. 12/15/10 OCSD Board of Directors'Agenda Page 5 of 6 Accommodations for the Disabled: The Board of Directors Meeting Room is 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 Regular Meeting of the Board of Directors, items must be submitted to the Clerk of the Board 14 days before the meeting. Clerk of the Board, Donna Terrones (714)593-7130 dterronesCcDocsd.com 12/15/10 OCSD Board of Directors'Agenda Page 6 of 6 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 1 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION See attached listing. ATTACHMENTS 1. Copies of Claims Paid reports from 11/01/10 — 11/15/10 and 11/16/10 — 11/30/10 Page 1 of 1 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description Accounts Payable Warrants ABEL Pumps,L.P. 34990 $ 771.78 Repair&Maintenance Services and/or Supplies Absolute Standards,Inc. 34991 997.00 Laboratory Services&Supplies Ago IndustriesDBA So-Cal Sweeping 34839 980.00 Street Sweeping Services Airgas Safety,Inc. 34840 420.10 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 34992 3,575.36 Safety,Security,Health Equipment,Supplies,and Services Airgas West 34993 1,121.16 Repair&Maintenance Services and/or Supplies Alan's Lawn&Garden Center,Inc. 34994 63.07 Repair&Maintenance Services and/or Supplies Alhambra Foundry Co.,Ltd. 34995 8,254.13 Repair&Maintenance Services and/or Supplies American Express 34971 42,362.22 Purchasing Card Program for Miscellaneous Parts and Supplies American Society of Civil Engineers 34998 359.00 Professional Organization&Meeting/Training Registration Amtech Elevator Services 34841 2,150.00 Miscellaneous Services Amtech Elevator Services 34996 1,400.00 Miscellaneous Services Analysts,Inc. 34997 105.79 Repair&Maintenance Services and/or Supplies Ashbrook Simon Hartley Operations,L.P. 34999 1,823.19 Repair&Maintenance Services and/or Supplies AT&T Mobility II,L.L.C. 34842 8,641.38 Telecommunications AT&T Universal Biller 35000 3,244.79 Telecommunications Atlas Underground,Inc. 34843 7,975.00 Repair&Maintenance Services and/or Supplies Authentic Promotions.Com 34844 4,716.37 Miscellaneous Supplies-Outreach Program Avi-Con Inc.,dba CA Construction 34838 300.00 Repair&Maintenance Services and/or Supplies Bank of New York Mellon Trust 35001 21,600.44 Professional Services-Financial Barnes&Thornburg 34845 10,500.00 Professional Services-Legal Basic Chemical Solutions,L.L.C. 298 11,525.23 Chemicals,Water/Wastewater Treatment Battery Specialties 34846 244.04 Batteries,Various Battery Specialties 35002 699.09 Batteries,Various Beach Cities Scuba 34847 555.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Bear Communications Inc 35003 393.91 Computer Hardware&Software Bee Man Pest Control,Inc. 35004 180.00 Pest Control Services Berg-Nelson Co.,Inc. 35005 254.00 Repair&Maintenance Services and/or Supplies Black&Veatch Corporation 34826 133,414.69 Professional Services/Engineering Design Services Black&Veatch Corporation 35006 17,965.69 Professional Services/Engineering Design Services Blue Cross of California 34972 585,543.86 Employee Benefits BP Energy Company 35007 15,488.55 Natural Gas Bush&Associates,Inc. 35008 13,860.00 Professional Services/Surveying Services C.S.M.F.O 35021 220.00 Professional Organizations Meeting/Training/Membership CalCoast-City of Huntington Beach 34848 1,000.00 Professional Organizations Meeting/Training/Membership California Barricade Rentals 34849 8,280.00 Miscellaneous Services California Dept.of Child Support 34850 1,919.51 Judgments Payable California Recreation Company 34851 2,969.55 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Relocation Services,Inc. 35009 157.50 Miscellaneous Services-Moving/Relocation Caltrol,Inc. 35010 4,784.04 Electrical/Electronic Equipment,Parts&Repairs Camali Corp. 34852 2,314.70 Repair&Maintenance Services and/or Supplies Cameron Welding Supply 35011 228.25 Repair&Maintenance Services and/or Supplies Carl Warren&Co. 34853 300.00 Professional Services-Workers'Compensation Carollo Engineers 35012 9,638.08 Professional Services/Engineering Design Services CDN Isotopes 35013 545.00 Laboratory Services&Supplies CEPA Operations,Inc. 35014 1,779.45 Repair&Maintenance Services and/or Supplies City of Huntington Beach 34889 26.12 Water Use City of Huntington Beach 34970 826.00 Water Use City of Huntington Beach 35051 10.91 Water Use EXHIBIT A ��c Page 1 of 7 12/6/2010 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description City of Newport Beach 34969 813.00 Water Use Coast Transmission 34854 1,855.35 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Coastal Traffic Systems,Inc. 34855 2,325.00 Safety,Security,Health Equipment,Supplies,and Services Compressor Components of California 34856 6,180.00 Repair&Maintenance Services and/or Supplies Compressor Components of California 35015 3,200.00 Repair&Maintenance Services and/or Supplies Compucom Systems,Inc. 34973 182,546.99 Computer Applications&Services Consolidated Electrical Distributors 34857 37.86 Electrical/Electronic Equipment,Parts&Repairs Consumers Pipe&Supply Co. 35016 81.01 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 35017 1,097.03 Repair&Maintenance Services and/or Supplies Corporate Image Maintenance,Inc. 34974 35,995.00 Janitor&Household Service&Supplies Cortech Engineering 35018 2,613.02 Repair&Maintenance Services and/or Supplies County of Orange Auditor Controller 34967 465.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 35019 765.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 35020 750.00 Governmental Agency Fees&Charges Court Order 34898 2,179.38 Judgments Payable Court Order 34899 150.00 Judgments Payable Court Order 34905 225.00 Judgments Payable Court Order 34922 108.00 Judgments Payable Court Order 34962 912.50 Judgments Payable Coventry II DDR Buena Park,L.L.C. 34837 206,315.10 Reconciliation User Fee Refund Program Crane Veyor Corp. 34858 2,436.00 Repair&Maintenance Services and/or Supplies CSI Services,Inc. 34859 1,795.00 Repair&Maintenance Services and/or Supplies Curley Wholesale Electric,Inc. 34860 143.62 Electrical/Electronic Equipment,Parts&Repairs CWEA Membership 34861 264.00 Professional Organizations Meeting/Training/Membership Cxtec 35022 362.57 Computers,Software/Hardware David Wheeler Pest Control,Inc. 34862 850.00 Pest Control Services Dennis Lee Powers 35079 353.84 Reconciliation User Fee Refund Program Desert Pumps&Parts,Inc. 35023 1,570.05 Repair&Maintenance Services and/or Supplies Detection Instruments Corporation 34863 470.95 Electrical/Electronic Equipment,Parts&Repairs Diehl,Evans&Co.,L.L.P. 35024 1,100.00 Professional Organization&Meeting/Training Registration DLT Solutions,Inc. 35025 19,750.00 Computer Applications&Services DLT&V Systems Engineering,Inc. 34864 2,700.38 Computer Applications&Services Dudek&Associates,Inc. 35026 4,175.31 Professional Services/Engineering Design Services Dunn-Edwards Corporation 34865 73.00 Facilities,Maintenance,Services&Supplies Emerson Process Management,L.L.P. 35027 696.31 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists,Inc. 34866 13,082.02 Reimbursed Prepaid Employee Medical&Dependent Care Enchanter,Inc. 35028 3,800.00 Vessel Services-Monitoring Vessel Nerissa Enertech Environmental 34975 508,483.92 Biosolids Management Environ Strategy Consultants,Inc. 34867 3,350.00 Professional Services-Sampling of Groundwater Monitoring Wells-Auto Shop Area Environmental Engineering&Contracting 35029 14,000.00 Professional Services/Specialty Course Audits Environmental Express,Inc. 34868 773.75 Laboratory Services&Supplies Environmental Resource Associates 35030 1,550.13 Laboratory Services&Supplies Ewing Irrigation 35031 85.77 Irrigation Repair&Maintenance Services and/or Supplies Fedex Corporation 34869 24.18 Freight Services Fisher Scientific 34871 677.79 Laboratory Services&Supplies Flomax Products,Inc. 34872 852.18 Electrical/Electronic Equipment,Parts&Repairs Flomax Products,Inc. 35032 7,755.44 Electrical/Electronic Equipment,Parts&Repairs Fountain Valley Paints,Inc. 34873 416.90 Facilities,Maintenance,Services&Supplies Franklin Covey 35033 31.72 Office Supplies Frys Electronics 34874 238.70 Computers,Software/Hardware EXHIBIT A is Page 2 of 7 12/6/2010 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description Frys Electronics 35034 246.74 Computers,Software/Hardware Gardner-Denver,Inc. 35035 23,603.75 Repair&Maintenance Services and/or Supplies Garland Manufacturing Co. 35036 734.39 Repair&Maintenance Services and/or Supplies Garratt Callahan Company 34875 4,952.73 Chemicals,Water/Wastewater Treatment Gates Fiberglass Installers 34876 4,870.00 Repair&Maintenance Services and/or Supplies Gates Fiberglass Installers 35038 1,970.94 Repair&Maintenance Services and/or Supplies GBC(General Binding Corp) 34877 75.47 Office Supplies George L.Robertson 34966 304.00 Meeting/Training Expense Reimbursement Geo-Solutions,Inc. 34986 392,647.50 Construction Gold Coast Awards,Inc. 34878 25.25 Badges Golden State Overnight Delivery Service 35040 21.78 Courier Services Golden State Water Company 34879 236.18 Water Use Golden West Window Service 34880 9,467.00 Facilities,Maintenance,Services&Supplies Golden West Window Service 35041 1,120.00 Facilities,Maintenance,Services&Supplies Government Finance Officers Association 34881 580.00 Professional Services-Financial Governmental Accounting Standards Board 35037 240.54 Books and Publications Govplace 35042 21,762.00 Computer Applications and Services Grainger,Inc. 34882 63.91 Repair&Maintenance Services and/or Supplies Grainger,Inc. 35043 3,227.33 Repair&Maintenance Services and/or Supplies Graybar Electric Company 35044 21,825.95 Electrical/Electronic Equipment,Parts&Repairs Great Western Sanitary Supplies 34883 123.10 Janitor&Household Service&Supplies GT Hall Company 35039 713.74 Mechanical Parts&Supplies GTE.NET,L.L.C.(Verizon Online) 35121 99.99 Telecommunications Hach Company 34884 1,123.67 Laboratory Services&Supplies Hach Company 35045 3,490.88 Laboratory Services&Supplies Harrington Industrial Plastics,Inc. 34885 3,683.96 Repair&Maintenance Services and/or Supplies Harrington Industrial Plastics,Inc. 35046 619.20 Repair&Maintenance Services and/or Supplies HDR Engineering,Inc. 35047 22,753.68 Professional Services/Engineering Design Services Healthfax,Inc. 34886 5,016.00 Health Fair Flu Shots-09/23/10 Hill Brothers 292 134,521.88 Chemicals,Water/Wastewater Treatment Hill Brothers 295 71,636.55 Chemicals,Water/Wastewater Treatment Hilti,Inc. 35048 3,386.48 Repair&Maintenance Services and/or Supplies Home Depot 34887 360.00 Miscellaneous Parts and Supplies Hope Health/IHAC 34888 555.74 Benefits HSBC Business Solutions 35049 302.19 Electrical Parts&Supplies Hub Auto Supply 35050 17.84 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hyatt Legal Plans,Inc. 34890 1,278.00 Voluntary Employee Benefit Program IEEE Institute of Electrical&Electron 35052 199.00 Professional Organizations Meeting/Training/Membership Imerg Consulting,Inc. 35053 675.00 Computer Applications&Services Indiana Child Support Bureau 34891 290.00 Judgments Payable Industrial Fabrics Corp. 35054 20,684.25 Repair&Maintenance Services and/or Supplies Industrial Filter Manufacturers,Inc. 34892 569.16 Repair&Maintenance Services and/or Supplies Industrial Metal Supply 35055 853.47 Repair&Maintenance Services and/or Supplies Insight Public Sector,Inc. 35056 2,317.91 Computers,Software/Hardware Intl.Union of Oper.Eng.AFL CIO Local 501 34893 4,725.73 Dues Deductions Intratek Computer,Inc. 35057 1,750.69 Computer Applications&Services Irvine Pipe&Supply 34894 688.01 Repair&Maintenance Services and/or Supplies J F Shea Construction,Inc. 34987 576,056.25 Construction JAC Printing and Graphics 34896 1,818.30 Printing/Reprographics Services Jamison Engineering Contractors,Inc. 34897 9,800.00 Professional Services/Engineering Design Services EXHIBIT A /Ic Page 3 of 7 12/6/2010 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description Jamison Engineering Contractors,Inc. 35059 8,724.23 Repair&Maintenance Services and/or Supplies Jays Catering 35060 1,364.10 Catering Services JCI Jones Chemicals,Inc. 293 84,906.24 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals,Inc. 296 78,353.78 Chemicals,Water/Wastewater Treatment JG Tucker and Son,Inc. 34895 1,756.31 Safety,Security,Health Equipment,Supplies,and Services JG Tucker And Son,Inc. 35058 878.16 Safety,Security,Health Equipment,Supplies,and Services JLM Systems Limited 35061 4,136.50 Repair&Maintenance Services and/or Supplies Johnstone Supply 35062 139.77 Repair&Maintenance Services and/or Supplies Kaiser Foundation Health Plan 34976 114,074.72 Employee Benefits Kemira Water Solutions 297 213,826.43 Chemicals,Water/Wastewater Treatment Lance Soll and Lunghard 35063 845.00 Professional Services-Auditing Laura A.Perez 34968 728.87 Reconciliation User Fee Refund Program Lee&Ro,Inc. 34977 61,956.66 Professional Services/Engineering Design Services Lexis-Nexis 35064 506.00 Books&Publications Liberty Mutual Claims 34827 75,322.57 Insurance Linda Losurdo 34965 110.47 Meeting/Training Expense Reimbursement Loggerhead Navigation,Inc. 35065 104.90 Computers,Software/Hardware Machado Environmental Corp.DBA Air Duct Cleaning 34900 4,444.00 Repair&Maintenance Services and/or Supplies Machado Environmental Corp.DBA Air Duct Cleaning 35066 4,997.00 Repair&Maintenance Services and/or Supplies Malcolm Pirnie,Inc. 34828 118,816.98 Professional Services/Engineering Design Services McJunkin Red Man Corporation 35067 1,413.32 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 34901 475.34 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 35068 491.24 Repair&Maintenance Services and/or Supplies Michael I.Gold 34964 339.24 Meeting/Training Expense Reimbursement Mid-West Associates,Inc. 34902 2,835.12 Repair&Maintenance Services and/or Supplies Mine Safety Appliance 34903 2,506.41 Electrical/Electronic Equipment,Parts&Repairs MISCO 34904 1,682.36 Repair&Maintenance Services and/or Supplies MSC Industrial Supply Co. 35069 206.14 Repair&Maintenance Services and/or Supplies MWH Americas,Inc. 34978 523,332.57 Professional Services/Engineering Design Services NAS Associates,Inc. 34906 1,425.00 Laboratory Services&Supplies National Bond&Trust 34907 1,878.98 U.S.Savings Bonds Payroll Deductions Nautilus Environmental,L.L.C. 35070 250.00 Laboratory Services&Supplies Neal Supply Co. 35071 1,709.01 Repair&Maintenance Services and/or Supplies Neudesic,L.L.C. 35072 4,896.60 Computer Applications&Services New Horizons Computer Learning Center 35073 150.00 Professional Organizations Meeting/Training/Memberships Norman A.Olsson Construction,Inc. 34836 73,107.00 Construction OCEA 34908 682.00 Dues Deductible Office Depot 35074 3,471.69 Office Supplies OneSource Distributors,Inc. 35075 8,542.73 Electrical/Electronic Equipment,Parts&Repairs Orange Community Bank 34963 8,123.00 Construction,Retention Orange County Health Care Agency 35076 5,047.00 Governmental Agency Fees&Charges Re WDR Services Orange County Hose Company 35077 898.28 Miscellaneous Parts and Supplies Orange County United Way 34909 40.00 Employee Contributions Orange County Water District 34979 75,372.77 GAP Water Oxygen Service Company 34910 937.62 Laboratory Services&Supplies Oxygen Service Company 35078 919.17 Laboratory Services&Supplies Pacific Investment Management 34829 116,583.43 Professional Financial Services Pacific Mechanical Supply 35080 90.35 Repair&Maintenance Services and/or Supplies Pacific Parts and Controls,Inc. 34911 793.12 Computers,Software/Hardware Packet Fusion,Inc. 35081 4,841.82 Telecommunications EXHIBIT A lie Page 4 of 7 12/6/2010 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description Parker Supply Company 34912 835.20 Miscellaneous Parts and Supplies Parkhouse Tire,Inc. 35082 2,708.62 Autos,Trucks&Marine Equipment,Parts,Accessories&Services PBS&J 34913 17,328.25 Professional Services/Engineering Design Services PCS Express,Inc. 35083 126.34 Courier Services Peace Officers Council of CA 34914 2,346.00 Dues Deductions,Supervisors&Professionals Performance Pipeline Technologies 34915 8,296.64 Professional Services/CCTV Inspection/Sewerline Cleaning PL Hawn Company,Inc. 34830 26,375.37 Repair&Maintenance Services and/or Supplies PL Hawn Company,Inc. 35084 461.19 Repair&Maintenance Services and/or Supplies Port Supply 34916 48.92 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Praxair Distribution,Inc. 34917 108.94 Laboratory Services&Supplies Preferred Benefit Insurance Administrators,Inc. 34980 76,188.72 Employee Benefits Primrose Ice Co.,Inc. 34918 100.00 Water&Ice Services Projects Partners 34831 45,085.00 Professional Services/Temporary Employment Services Propipe Professional Pipe Services 294 3,712.62 Professional Services/CCTV Sewerline Inspections Prudential Insurance Company of America 34832 41,109.23 Benefits Prudential Overall Supply 34919 1,748.23 Uniforms Quickstart Intelligence 34920 1,276.00 Professional Organizations Meeting/Training/Memberships Quickstart Intelligence 35085 1,276.00 Professional Organizations Meeting/Training/Memberships R L Abbott&Associates 34921 1,000.00 Professional Services/Advocacy Efforts Reliastar 34923 4,824.98 Voluntary Employee Life&Cancer Insurance Restek Corp. 34924 244.84 Laboratory Services&Supplies Restek Corp. 35086 1,025.91 Laboratory Services&Supplies RMC Water and Environment 34925 19,703.00 Professional Services/WRD Audit Robert Half International,Inc. 34926 2,730.20 Computer Applications&Services Robert Half International,Inc. 35087 5,460.40 Computer Applications&Services Roto Rooter NOC#11 35088 594.07 Repair&Maintenance Services and/or Supplies Royale Cleaners 34927 133.90 Miscellaneous Services RPM Electric Motors 35089 255.32 Repair&Maintenance Services and/or Supplies Rutan&Tucker,L.L.P. 35090 2,310.00 Legal Services Sancon Engineering,Inc. 34833 86,996.00 Repair&Maintenance Services and/or Supplies Scientific Instrument Services,Inc. 35091 823.21 Laboratory Services&Supplies Scientific Refrigeration 34929 571.00 Repair&Maintenance Services and/or Supplies SDT North America,Ltd. 35092 12,000.00 Professional Organizations Meeting/Training/Memberships Seals Compressed Gases 34930 35.83 Miscellaneous Parts and Supplies Shamrock Supply Co.,Inc. 35093 8,916.89 Repair&Maintenance Services and/or Supplies Shepard Brothers,Inc. 35094 6,898.14 Chemicals,Water/Wastewater Treatment Shureluck Sales&Engineering 35095 1,484.37 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 35096 65.54 Repair&Maintenance Services and/or Supplies SKC West,Inc. 35097 454.16 Laboratory Services&Supplies SkillPath Seminars 34931 597.00 Professional Organization&Meeting/Training Registration Smith Paint and Supply 34932 291.39 Painting Services and Supplies So.Cal Gas Company 35098 10,653.19 Utilities South Coast Environmental Co. 34928 4,834.66 Professional Services-Air Quality Monitoring Southern California Edison 34834 124,163.88 Utilities Southern California Edison 35099 1,248.13 Utilities Southern Counties Lubricants 35100 3,414.86 Fuel and Lubricants Sparklett-Dallas 35101 466.44 Miscellaneous Services SPEX Certiprep,Inc. 34933 318.00 Laboratory Services&Supplies Stanley Steamer International,Inc. 34934 1,050.00 Janitor&Household Service&Supplies Stantec Consulting Services,Inc. 34935 418.50 Professional Services/Surveying EXHIBIT A ��c Page 5 of 7 12/6/2010 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description State Chemical Mfg Co. 35102 268.78 Janitorial Supplies Stonefield Josephson,Inc. 34936 1,206.00 Professional Services-Taxes Stratus Environmental,Inc. 34937 3,375.00 Repair&Maintenance Services and/or Supplies Summit Steel 34938 874.31 Repair&Maintenance Services and/or Supplies Summit Steel 35103 1,207.45 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 34939 176.19 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 35104 1,683.54 Repair&Maintenance Services and/or Supplies Synagro West,Inc. 34981 182,452.68 Biosolids Management TCH Associates,Inc. 35105 973.89 Laboratory Services&Supplies Tektronix Service Solutions 34940 121.31 Laboratory Services&Supplies Terra Renewal,L.L.C. 34941 981.15 Grit&Screenings Disposal TestAmerica Ontario 34942 2,125.50 Laboratory Services&Supplies TestAmerica Ontario 35106 724.00 Laboratory Services&Supplies The Fire X-Tinguisher Service Co. 34870 1,086.41 Safety,Security,Health Equipment,Supplies,and Services The Integration Works,L.L.C. 35107 1,602.00 Repair&Maintenance Services and/or Supplies The Standard Insurance Company 34943 5,344.63 Disability Insurance The Unisource Corporation 35117 839.01 Paper&Office Supplies The Wackenhut Corporation 34957 7,226.92 Safety,Security,Health Equipment,Supplies,and Services The Wackenhut Corporation 35128 10,046.72 Safety,Security,Health Equipment,Supplies,and Services The Walking Man,Inc. 34944 950.00 Miscellaneous Services Thermo Electron Corp. 35108 342.50 Laboratory Services&Supplies Thompson Industrial Supply,Inc. 34945 4,960.09 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 34982 37,711.20 Repair&Maintenance Services and/or Supplies Tiano Construction 35109 5,730.00 Facilities,Maintenance,Services&Supplies Time Warner Communications 34946 58.72 Telecommunications T-Mobile 35110 109.39 Telecommunications Tony's Lock&Safe Service&Sales 35111 1,261.56 Repair&Maintenance Services and/or Supplies Tortuga Pool Service 35112 310.00 Repair&Maintenance Services and/or Supplies Total-Western,Inc. 34947 440.00 Repair&Maintenance Services and/or Supplies Tremco Incorporated 35113 5,882.34 Repair&Maintenance Services and/or Supplies Tropical Plaza Nursery,Inc. 35114 12,497.50 Landscape Maintenance Services Truck&Auto Supply,Inc. 35115 5.30 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Tule Ranch/Magan Farms 34983 138,433.51 Biosolids Management U S Bank 34948 1,500.00 Legal Services Re Certificates of Participation Series 2000A&2000B U S Bank 35116 4,000.00 Annual COP Administrative Fee-Series 2008B Ultra Scientific 34949 234.71 Laboratory Services&Supplies Union Bank of California Escrow#00022266 34989 30,318.75 Construction,Retention United Parcel Service 34950 92.71 Freight Services United States Postal Service 35118 5,000.00 Postage Univar USA 34951 1,278.90 Miscellaneous Supplies US Composting Council 34952 500.00 Professional Organizations Meeting/Training/Memberships US Peroxide,L.L.C. 34984 255,569.13 Chemicals,Water/Wastewater Treatment Valin Corporation 35119 3,943.39 Repair&Maintenance Services and/or Supplies Verizon California 34953 631.55 Telecommunications Verizon California 35120 1,660.64 Telecommunications Verizon Wireless 34954 640.74 Telecommunications Verne's Plumbing 35122 1,032.58 Plumbing Services&Supplies Vibration Institute 35123 125.00 Professional Organizations Meeting/Training/Memberships Vision Financial Corporation 34955 1,097.52 Employee Voluntary Benefits Voided Check 34988 - EXHIBIT A ��c Page 6 of 7 12/6/2010 Claims Paid From 11/01/10 to 11/15/10 Vendor Warrant No. Amount Description Vortex Corp. 34956 648.00 Repair&Maintenance Services and/or Supplies Vortex Corp. 35124 7,141.00 Repair&Maintenance Services and/or Supplies Vossler&Company 35125 757.67 Repair&Maintenance Services and/or Supplies VWR Scientific Products 35126 1,557.19 Laboratory Services&Supplies Water Environment Federation 34958 801.00 Professional Organizations Meeting/Training/Memberships Water Environment Federation 35129 220.00 Professional Organizations Meeting/Training/Memberships Waxie Sanitary Supply 35130 875.72 Janitor&Household Service&Supplies WEF 34959 267.00 Professional Organizations Meeting/Training/Memberships Wesley G.Bauer,II 35134 246.00 Meeting/Training Expense Reimbursement West Coast Life 34960 2,983.00 Employee Life Insurance West Coast Safety Supply Co. 34961 850.55 Safety,Security,Health Equipment,Supplies,and Services Weston Solutions,Inc. 34835 79,376.00 Laboratory Services&Supplies Westpac Materials 35127 5,821.36 Reconciliation User Fee Refund Program Woodruff Spradlin&Smart 34985 50,760.18 Professional Services-Legal Xerox Corporation 35131 98.15 Computers,Software/Hardware&Managed Services Yale/Chase Materials Handling,Inc. 35132 1,016.02 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs 1-800-Conference(R) 35133 186.58 Telecommunications Total Accounts Payable-Warrants $ 6,379,435.57 Payroll Disbursements Employee Paychecks 45433 - 45461 $ 4,825.50 Interim Payroll-ARBA(11/01/10) Employee Paychecks 45462 - 45507 102,349.13 Biweekly Payroll(11/03/10) Employee Paychecks 45508 - 45515 9,656.03 Interim Payroll-Voids,IDEA,Retirement Payouts,&Adjustments(11/02/10&11/03/10) Direct Deposit Statements 195273 -195392 42,459.63 Interim Payroll-ARBA(11/01/10) Direct Deposit Statements 195393 -195948 1,390,957.25 Biweekly Payroll(11/03/1010) Total Payroll Disbursements $ 1,550,247.54 Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 812,509.10 Biweekly Payroll(11/01/10&11/03/10) Intercare Insurance Services 15,645.33 Workers'Compensation Services(11/03/10) Kiewit Infrastructure West Co. 387,600.00 Construction-3-58(11/01/10) KiewiUMass,A Joint Venture 420,226.61 Construction-5-49(11/01/10) KiewiUMass,A Joint Venture 306,585.00 Construction-5-50(11/01/10) Total Wire Transfer Payments $ 1,942,566.04 Total Claims Paid 11/01/10-11/15/10 $ 9,872,249.15 EXHIBIT A ��c Page 7 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description Accounts Payable Warrants A W Chesterton 35282 $ 1,937.85 Repair&Maintenance Services and/or Supplies Abhe&Svoboda,Inc. 35266 327,793.50 Construction(Sunflower Pump Sta.) AECOM USA,Inc. 35135 65,783.43 Professional Services/Engineering Design Services Agilent Technologies,Inc. 35283 2,203.06 Laboratory Services&Supplies Air Liquide America Specialty Gases 35151 86.80 Miscellaneous Services Air Products&Chemicals,Inc. 35136 27,166.23 Chemicals,Water/Wastewater Treatment Airgas Safety,Inc. 35152 12,490.26 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 35284 1,498.17 Safety,Security,Health Equipment,Supplies,and Services Airgas West 35153 604.43 Repair&Maintenance Services and/or Supplies Airgas West 35285 2,842.91 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 35286 2,357.16 Repair&Maintenance Services and/or Supplies Amtech Elevator Services 35154 1,070.00 Miscellaneous Services Analytical Technology c/o MAG 35287 3,985.01 Electrical/Electronic Equipment,Parts&Repairs Andre Miller 35456 1,583.85 Meeting/Training Expense Reimbursement AON Risk Insurance Services West 35155 10,483.15 Insurance(Owner Controlled Insurance Program) Applied Industrial Technology 35156 40.76 Repair&Maintenance Services and/or Supplies Ashbrook Simon Hartley Operations,L.P. 35288 3,537.12 Repair&Maintenance Services and/or Supplies ASIS International 35157 850.00 Professional Organizations Meeting/Training/Membership ASIS International 35289 150.00 Professional Organization&Meeting/Training Registration ASMS Conference 35290 65.00 Professional Organization&Meeting/Training Registration AT&T 35281 215.48 Telecommunications AT&T Long Distance. 35291 24.14 Telecommunications AT&T Universal Biller 35158 115.61 Telecommunications Austin Building and Design dba The Austin Company 35159 1,927.54 Professional Services/Engineering Design Services Bakersfield Pipe&Supply,Inc. 35292 72.61 Repair&Maintenance Services and/or Supplies Basic Chemical Solutions,L.L.C. 302 2,140.71 Chemicals,Water/Wastewater Treatment Battery Specialties 35160 618.57 Batteries,Various Becs Pacific,Ltd. 35293 1,089.21 Repair&Maintenance Services and/or Supplies Bench Depot 35294 4,803.08 Furniture&Fixtures Berg-Nelson Co.,Inc. 35295 252.98 Repair&Maintenance Services and/or Supplies Black&Veatch Corporation 35296 11,863.76 Professional Services/Engineering Design Services Blue Cross of California 35267 578,415.66 Employee Benefits C&H Distributions 35161 710.33 Repair&Maintenance Services and/or Supplies C&H Distributions 35297 78.16 Repair&Maintenance Services and/or Supplies C.P.I.International 35313 143.50 Laboratory Services&Supplies Calgaz,Div of Air Liquide Advanced Technology,L.L.C. 35150 1,160.82 Laboratory Services&Supplies California Dept.of Child Support 35162 1,919.51 Judgments Payable California Municipal Statistics,Inc. 35163 500.00 Professional Services/Financial California Relocation Services,Inc. 35298 810.00 Miscellaneous Services-Moving/Relocation Callan Associates,Inc. 35299 4,108.50 Investment Advisory Services Cameron Compression Systems 35300 1,321.10 Repair&Maintenance Services and/or Supplies Carollo Engineers 35268 134,989.77 Professional Services/Engineering Design Services CG Systems,Inc.dba CA Gate&Entry Sys. 35301 262.50 Facilities,Maintenance,Services&Supplies Charles P.Crowley Co. 35302 2,978.26 Repair&Maintenance Services and/or Supplies Chuck M.Forman 35451 477.83 Meeting/Training Expense Reimbursement Circle,Inc. 35303 2,936.41 Copier Toner/Ink Supplies City of Fountain Valley 35137 54,036.92 Water Use City of Seal Beach 35404 157.56 Water Use City of Tustin 35304 168.00 Water Use Clean Harbors Environmental Services 35305 441.26 Grit&Screenings;Hazard Waste Disposal CMAA 35306 1,200.00 Professional Organizations Meeting/Training/Memberships EXHIBIT B 10Hc Page 1 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description Cole-Parmer Instrument Co. 35307 621.08 Laboratory Services&Supplies Colich&Sons 35146 33,088.50 Construction Commtest,Inc. 35164 255.00 Professional Organizations Meeting/Training/Membership Compressor Components of California 35308 2,686.13 Repair&Maintenance Services and/or Supplies Concept Power,Inc. 35309 5,693.78 Electrical/Electronic Equipment,Parts&Repairs Consiliant Technologies 35165 2,235.00 Computer Applications&Services Consolidated Electrical Distributors 35166 74.31 Electrical/Electronic Equipment,Parts&Repairs Consumers Pipe&Supply Co. 35167 168.73 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 35310 685.06 Repair&Maintenance Services and/or Supplies Continental Disc Corporation 35311 2,273.73 Repair&Maintenance Services and/or Supplies Converse Consultants 35168 2,276.00 Professional Services/Professional Services/Materials&Geotechnical Testing Cortech Engineering 35169 2,623.30 Repair&Maintenance Services and/or Supplies Counterpart Enterprises,Inc. 35312 2,527.74 Repair&Maintenance Services and/or Supplies County of Orange Auditor Controller 35170 1,050.00 Governmental Agency Fees&Charges Court Order 35201 2,179.38 Judgments Payable Court Order 35203 150.00 Judgments Payable Court Order 35208 225.00 Judgments Payable Court Order 35230 108.00 Judgments Payable Court Order 35262 912.50 Judgments Payable CR&R,Inc. 35314 1,531.66 Waste Disposal CS-AMSCO 35315 925.96 Repair&Maintenance Services and/or Supplies Culligan of Orange County 35171 55.85 Repair&Maintenance Services and/or Supplies Curley Wholesale Electric,Inc. 35316 629.57 Electrical/Electronic Equipment,Parts&Repairs CWEA Membership 35172 132.00 Professional Organizations Meeting/Training/Membership CWEA Membership 35317 264.00 Professional Organizations Meeting/Training/Membership DAC(Digital Assurance Certification) 35318 1,500.00 Professional Services/Financial Document Repository David Wheeler Pest Control,Inc. 35173 500.00 Pest Control Services David Wheeler Pest Control,Inc. 35319 1,432.00 Pest Control Services DDB Engineering,Inc. 35174 8,415.00 Professional Services-Advocacy Dudek&Associates,Inc. 35320 3,574.80 Professional Services/Engineering Design Services E.Sam Jones Distributors,Inc. 35175 617.70 Electrical/Electronic Equipment,Parts&Repairs Eagle Protection of California 35321 275.00 Safety,Security,Health Equipment,Supplies,and Services Employee Benefits Specialists,Inc. 35176 13,082.02 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 35322 841.50 Reimbursed Prepaid Employee Medical&Dependent Care Employment Development Dept. 35177 12,817.00 Unemployment Insurance Enchanter,Inc. 35323 760.00 Vessel Services-Monitoring Vessel Nerissa Environmental Resource Center 35178 1,590.00 Professional Organizations Meeting/Training/Membership Environmental Sampling Supply 35324 316.89 Laboratory Services&Supplies Environmental Water Solutions,Inc. 35179 42.41 Repair&Maintenance Services and/or Supplies Ewing Irrigation 35325 512.21 Irrigation Repair&Maintenance Services and/or Supplies Fedex Corporation 35180 83.92 Freight Services Fedex Corporation 35326 253.25 Freight Services First American Corelogic 35181 780.17 Annual Subscription-Online Product Geographic Package Fisher Scientific 35328 14,868.76 Laboratory Services&Supplies Flo Systems,Inc. 35329 1,139.70 Repair&Maintenance Services and/or Supplies Forensic Analytical 35182 14.00 Outside Laboratory Services Fountain Valley Paints,Inc. 35330 261.54 Facilities,Maintenance,Services&Supplies Franklin Covey 35183 567.54 Office Supplies Fulbright&Jaworkski,L.L.P. 35138 42,037.49 Professional Services-Legal Garratt Callahan Company 35331 3,136.78 Chemicals,Water/Wastewater Treatment Gates Fiberglass Installers 35333 4,870.00 Repair&Maintenance Services and/or Supplies GMR Transcription 35185 659.75 Professional Services-Transcription EXHIBIT B i0nc Page 2 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description Golden State Overnight Delivery Service 35334 516.12 Courier Services Golden West Window Service 35186 432.00 Facilities,Maintenance,Services&Supplies Golden West Window Service 35335 1,880.00 Facilities,Maintenance,Services&Supplies Government Jobs.Com,Inc. 35187 6,540.00 Computer Applications&Services Governmental Accounting Standards Board 35332 11.46 Books and Publications Grainger,Inc. 35336 6,314.84 Repair&Maintenance Services and/or Supplies Graybar Electric Company 35188 174.07 Electrical/Electronic Equipment,Parts&Repairs Graybar Electric Company 35337 2,914.14 Electrical/Electronic Equipment,Parts&Repairs Great Western Sanitary Supplies 35338 308.50 Janitor&Household Service&Supplies Greatland Corporation 35339 990.20 Office Supplies GTE.NET,L.L.C.(Verizon Online) 35257 99.99 Telecommunications Guarantee Records Management 35340 563.83 Professional Services-Document Storage&Shredding Hach c/o Ponton Industries 35342 916.39 Laboratory Services&Supplies Hach Company 35343 1,582.45 Laboratory Services&Supplies Hampton Tedder Technical Services 35190 1,439.00 Professional Services/Electrical Acceptance Testing-Various Harrington Industrial Plastics,Inc. 35344 168.42 Repair&Maintenance Services and/or Supplies HDR Engineering,Inc. 35139 34,565.59 Professional Services/Engineering Design Services HDR Engineering,Inc. 35269 571,187.65 Professional Services/Engineering Design Services Health Dimensions 35345 450.00 Health Fair 2010 Hewlett Packard Company 35191 1,722.45 Computers,Software/Hardware Hollis,Arthur D.&Sonja 35189 1,533.01 User Fee Refund Regarding Septic Tanks Home Depot 35346 925.73 Miscellaneous Parts and Supplies IEEE(Institute of Electrical&Electronic Engineers) 35192 179.00 Professional Organizations Meeting/Training/Membership Indiana Child Support Bureau 35193 290.00 Judgments Payable Industrial Fabrics Corp. 35347 11,411.14 Repair&Maintenance Services and/or Supplies Industrial Filter Manufacturers,Inc. 35194 70.13 Repair&Maintenance Services and/or Supplies Industrial Safety Shoe Co. 35195 87.00 Safety,Security,Health Equipment,Supplies,and Services Industrial Threaded Products,Inc. 35196 3,654.97 Repair&Maintenance Services and/or Supplies Inorganic Ventures,Inc. 35348 373.03 Laboratory Services&Supplies Intercare Holdings Insurance Svcs.,Inc. 35197 2,916.67 Workers'Compensation Service Intl.Union of Oper.Eng.AFL CIO Local 501 35198 4,748.14 Dues Deductions Ironman Parts&Services 35349 2,218.28 Electrical/Electronic Equipment,Parts&Repairs Irvine Pipe&Supply 35350 352.36 Repair&Maintenance Services and/or Supplies Irvine Ranch Water District 35199 9.21 Water Use Irvine Ranch Water District 35351 44.96 Water Use J R Filanc Construction 35147 182,154.60 Construction J.L.Wingert Co.-Remit to: 35355 4,290.04 Repair&Maintenance Services and/or Supplies James G.Tintle 35263 111.85 Meeting/Training Expense Reimbursement Jamison Engineering Contractors,Inc. 35148 200,499.14 Construction Jamison Engineering Contractors,Inc. 35352 8,185.00 Repair&Maintenance Services and/or Supplies Jays Catering 35353 1,315.98 Catering Services JCI Jones Chemicals,Inc. 299 78,930.16 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals,Inc. 304 80,523.03 Chemicals,Water/Wastewater Treatment Jeffrey L.Armstrong 35449 892.91 Meeting/Training Expense Reimbursement Jensen Instrument Co. 35354 180.99 Electrical/Electronic Equipment,Parts&Repairs John Wiley&Sons,Inc. 35200 202.00 Subscription Johnstone Supply 35356 651.71 Repair&Maintenance Services and/or Supplies Joseph W.Park,Jr. 35457 974.12 Meeting/Training Expense Reimbursement JPR Systems,Inc. 35357 13,698.29 Repair&Maintenance Services and/or Supplies Kemira Water Solutions 300 84,297.22 Chemicals,Water/Wastewater Treatment Kemira Water Solutions 305 82,733.52 Chemicals,Water/Wastewater Treatment Koff&Associates,Inc. 35358 9,862.24 Professional Services/Comp&Class Study EXHIBIT B i0nc Page 3 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description L.Johnson Painting 35359 485.00 Facilities,Maintenance,Services&Supplies Lab Safety Supply,Inc. 35360 63.38 Laboratory Services&Supplies Lab Support 35361 3,480.00 Temporary Employment Services Lee&Ro,Inc. 35270 54,184.98 Professional Services/Engineering Design Services LH Engineering Co. 35149 67,005.45 Construction Lisa K.Haney 35341 542.57 Meeting/Training Expense Reimbursement Lubrication Engineers,Inc. 35362 114.85 Repair&Maintenance Services and/or Supplies Machado Environmental Corp.DBA Air Duct Cleaning 35363 4,979.00 Repair&Maintenance Services and/or Supplies Malcolm Pirnie,Inc. 35271 61,078.97 Professional Services/Engineering Design Services Marcus G.Lambertz 35264 905.04 Employee Computer Loan Program McMaster-Carr Supply Co. 35204 151.64 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 35364 981.42 Repair&Maintenance Services and/or Supplies Mesa Consolidated Water District 35205 41.30 Water Use Mettler Toledo 35206 1,217.00 Laboratory Services&Supplies Michael Francis Kelly 35202 2,716.54 User Fee Refund Regarding Septic Tanks Michele Farmer 35450 1,695.05 Meeting/Training Expense Reimbursement Michelle R.Hetherington 35455 1,576.55 Meeting/Training Expense Reimbursement Midway Mfg.&Machining Co. 35366 8,526.00 Repair&Maintenance Services and/or Supplies Mid-West Associates,Inc. 35365 14,217.58 Repair&Maintenance Services and/or Supplies Mine Safety Appliance 35207 2,246.91 Electrical/Electronic Equipment,Parts&Repairs NASSCO,Inc. 35209 250.00 Professional Organizations Meeting/Training/Memberships National Bond&Trust 35210 1,778.98 U.S.Savings Bonds Payroll Deductions National Fire Protection Association 35211 150.00 Professional Organizations,and Meeting/Training Registration National Notary Association 35367 136.00 Professional Organizations Meeting/Training/Membership National Seminars Group 35368 129.00 Professional Organizations Meeting/Training/Membership Neal Supply Co. 35212 53.67 Repair&Maintenance Services and/or Supplies Neal Supply Co. 35369 1,644.93 Repair&Maintenance Services and/or Supplies Neutron Products,Inc. 35213 11,944.68 Chemicals,Water/Wastewater Treatment Neutron Products,Inc. 35370 6,009.53 Chemicals,Water/Wastewater Treatment Ninyo&Moore 35214 14,454.50 Professional Services/Geotech&Material Testing Norco Delivery 35371 453.56 Delivery Services NPELRA Annual Training Conference 35372 949.00 Professional Organizations Meeting/Training/Membership NRG Engine Services,L.L.C. 35215 5,950.13 Repair&Maintenance Services and/or Supplies O C Tanner Recognition Company 35373 314.37 Service Awards OCB Reprographics 35216 3,417.95 Printing/Reprographics Services OCEA 35217 672.75 Dues Deductible Office Depot 35218 736.31 Office Supplies Office Depot 35374 654.52 Office Supplies OfficeMax Contract,Inc./OM Workspace 35375 840.54 Purchase and Installation of Systems/Modular Furniture Olin Corporation 35219 11,076.57 Chemicals,Water/Wastewater Treatment Olin Corporation 35376 3,707.64 Chemicals,Water/Wastewater Treatment Olympus America Inc.-Remit to: 35377 257.18 Laboratory Services&Supplies OneSource Distributors,Inc. 35378 7,596.87 Electrical/Electronic Equipment,Parts&Repairs Orange County Sheriff 35220 720.59 Judgments Payable Orange County United Way 35221 40.00 Employee Contributions Oxygen Service Company 35222 745.55 Laboratory Services&Supplies Oxygen Service Company 35380 912.26 Laboratory Services&Supplies Pacific Mechanical Supply 35223 386.55 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 35381 561.68 Repair&Maintenance Services and/or Supplies Pacific Parts and Controls,Inc. 35382 1,747.09 Repair&Maintenance Services and/or Supplies Pacific Publishers 35224 141.26 Publications and Books Pacific Publishers 35383 123.67 Publications and Books EXHIBIT B 1011C Page 4 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description PARMA 35225 295.00 Professional Organizations Meeting/Training/Memberships Peace Officers Council of CA 35226 2,346.00 Dues Deductions,Supervisors&Professionals PL Hawn Company,Inc. 35227 212.72 Repair&Maintenance Services and/or Supplies PL Hawn Company,Inc. 35384 244.30 Repair&Maintenance Services and/or Supplies Polydyne,Inc. 301 44,408.68 Chemicals,Water/Wastewater Treatment Polydyne,Inc. 306 34,307.40 Chemicals,Water/Wastewater Treatment Port Supply 35385 36.20 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Primrose Ice Co.,Inc. 35386 380.00 Water&Ice Services Prudential Overall Supply 35228 1,698.85 Uniforms Pryor Seminars/Career Track 35184 149.00 Professional Organizations Meeting/Training/Memberships PSOMAS 35387 11,000.00 Computer Applications&Services Pumping Solutions,Inc. 35388 851.89 Repair&Maintenance Services and/or Supplies R L Abbott&Associates 35389 1,000.00 Professional Services/Advocacy Efforts Radarsign,L.L.C. 35390 3,920.00 Safety,Security,Health Equipment,Supplies,and Services Rainbow Disposal Co. 35391 4,999.70 Waste Disposal RBF Consulting 35141 25,122.05 Professional Services/Engineering Design Services Red Wing Shoes 35231 690.78 Safety,Security,Health Equipment,Supplies,and Services Rentacrate,L.L.C. 35392 815.63 Facilities,Maintenance,Services&Supplies RIMS Engineering&Design,Inc. 35393 1,530.00 Professional Services/Engineering Design Services Robert M.Gamber 35453 1,197.68 Meeting/Training Expense Reimbursement Roto Rooter NOC#11 35232 380.00 Repair&Maintenance Services and/or Supplies Roto Rooter NOC#11 35394 913.58 Repair&Maintenance Services and/or Supplies Royale Cleaners 35395 220.00 Miscellaneous Services Russell Sigler,Inc.dba Sigler Wholesale 35396 6,868.62 Electrical/Electronic Equipment,Parts&Repairs Ryan Herco Products Corp. 35233 2,059.30 Repair&Maintenance Services and/or Supplies Ryan Herco Products Corp. 35397 4,485.44 Repair&Maintenance Services and/or Supplies S&J Supply Co Inc 35398 2,955.41 Repair&Maintenance Services and/or Supplies Sachs Electric Company 35447 1,456.83 Professional Services/Central Generation Automation Safety Environmental Consulting 35234 1,200.00 Safety,Security,Health Equipment,Supplies,and Services Safety Max 35236 1,702.34 Safety,Security,Health Equipment,Supplies,and Services Safety Max 35400 124.71 Safety,Security,Health Equipment,Supplies,and Services Safety-Kleen 35235 330.26 Repair&Maintenance Services and/or Supplies Safety-Kleen 35399 101.26 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologies,Inc. 35401 6,396.01 Repair&Maintenance Services and/or Supplies Sancon Engineering,Inc. 35272 241,028.00 Repair&Maintenance Services and/or Supplies Sarah Redinger 35458 966.23 Meeting/Training Expense Reimbursement SARBS 35237 100.00 Training Registration Schwing Bioset 303 2,793.48 Repair&Maintenance Services and/or Supplies Schwing Bioset 307 1,802.33 Repair&Maintenance Services and/or Supplies Scientific Instrument Services,Inc. 35402 588.30 Laboratory Services&Supplies SCS Engineers 35238 1,500.00 Professional Services/Air Quality Monitoring Sea Bird Electronics,Inc. 35403 1,555.00 Laboratory Services&Supplies Shamrock Supply Co.,Inc. 35239 544.48 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 35405 4,865.09 Repair&Maintenance Services and/or Supplies Shepard Brothers,Inc. 35240 150.00 Chemicals,Water/Wastewater Treatment Shureluck Sales&Engineering 35406 40.78 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 35407 1,297.22 Repair&Maintenance Services and/or Supplies Sigma-Aldrich,Inc. 35241 5,395.39 Laboratory Services&Supplies Sigma-Aldrich,Inc. 35408 186.86 Laboratory Services&Supplies SKC West,Inc. 35409 1,371.77 Laboratory Services&Supplies Snap On Industrial 35242 290.37 Miscellaneous Supplies So.Cal Gas Company 35243 1,137.47 Utilities EXHIBIT B 1011C Page 5 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description Source Graphics 35410 188.01 Computer Applications&Services South Coast Shipyard,Inc. 35411 16,564.19 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Southern California Edison 35142 270,875.36 Utilities Southern California Edison Company 35412 1,303.48 Repair&Maintenance Services and/or Supplies Southern Counties Lubricants 35413 1,396.60 Fuel and Lubricants Southland Water Technologies,L.L.C. 35244 2,876.38 Repair&Maintenance Services and/or Supplies Sparkletts-Atlanta 35245 1,539.64 Miscellaneous Supplies Specialized Products 35414 92.81 Network Test Equipment Stanley Steamer International,Inc. 35246 3,976.80 Janitor&Household Service&Supplies Stanley Steamer International,Inc. 35415 225.00 Janitor&Household Service&Supplies Staples Direct 35247 3,037.42 Office Supplies Stratus Consulting,Inc. 35143 67,072.00 Professional Services/Chemical Sustainability Study Sunset Industrial Parts 35416 400.21 Repair&Maintenance Services and/or Supplies Synagro West,Inc. 35417 207.60 Biosolids Management Synoptek,Inc. 35418 20,400.00 Professional Services/IT TCH Associates,Inc. 35419 9,100.73 Laboratory Services&Supplies TekSystems 35420 7,013.75 Professional Services/Temporary Services Terra Renewal,L.L.C. 35144 42,234.26 Grit&Screenings Disposal TestAmerica Ontario 35248 108.00 Laboratory Services&Supplies TestAmerica Ontario 35421 3,160.00 Laboratory Services&Supplies The Bank of New York Mellon 35249 1,773.38 Quarterly Service Fee-Asset Administration The Fire X-Tinguisher Service Co. 35327 1,695.84 Safety,Security,Health Equipment,Supplies,and Services The Jankovich Company 35422 665.12 Repair&Maintenance Services and/or Supplies The Orange County Register 35379 2,972.00 Notices&Ads The Unisource Corporation 35429 614.36 Paper&Office Supplies The Wackenhut Corporation 35259 4,218.32 Safety,Security,Health Equipment,Supplies,and Services The Wackenhut Corporation 35437 6,531.28 Safety,Security,Health Equipment,Supplies,and Services Thompson Industrial Supply,Inc. 35423 2,352.14 Repair&Maintenance Services and/or Supplies Thompson Publishing Group 35424 438.50 Publications and Books Tod E.Haynes 35454 111.40 Meeting/Training Expense Reimbursement Townsend Public Affairs 35250 7,500.00 Professional Services-State Legislative Advocacy Traffic Control Service,Inc. 35425 458.02 Safety,Security,Health Equipment,Supplies,and Services Tran Consulting Engineers 35251 746.24 Professional Services/Engineering Design Services Tule Ranch/Magan Farms 35273 124,882.06 Biosolids Management TW Telecom Holdings,Inc. 35252 3,773.08 Telecommunications U Line 35426 38.69 Laboratory Services&Supplies UC Regents,San Diego 35253 725.00 Professional Organizations Meeting/Training/Membership Underground Service Alert of So.Calif 35427 1,419.00 Professional Services-Dig Alert Notification Service Union Bank of California 35428 2,631.83 Banking Services United Parcel Service 35254 158.44 Freight Services United Parcel Service 35430 1,473.86 Freight Services Univar USA 35431 279.76 Miscellaneous Supplies US Equipment Co.,Inc. 35432 2,551.95 Repair&Maintenance Services and/or Supplies US Peroxide,L.L.C. 35145 53,522.29 Chemicals,Water/Wastewater Treatment US Peroxide,L.L.C. 35274 47,335.74 Chemicals,Water/Wastewater Treatment USA Mobility Wireless,Inc. 35255 770.48 Telecommunications USA Supply,Inc. 35433 1,335.67 Repair&Maintenance Services and/or Supplies Vapex Products,Inc. 35434 5,058.75 Electrical/Electronic Equipment,Parts&Repairs Verizon California 35256 49.68 Telecommunications Victoria L.Francis 35452 1,602.05 Meeting/Training Expense Reimbursement Voided Check 35140 - Voided Check 35265 EXHIBIT B i011C Page 6 of 7 12/6/2010 Claims Paid From 11/16/10 to 11/30/10 Vendor Warrant No. Amount Description Voided Check 35275 - Voided Check 35276 Voided Check 35277 Voided Check 35279 - Voyager Fleet Systems,Inc. 35435 17,749.86 Autos,Trucks&Marine Equipment,Parts,Accessories&Services VWR Scientific Products 35258 22.52 Laboratory Services&Supplies VWR Scientific Products 35436 3,653.63 Laboratory Services&Supplies Wanda Hagerty&Best Buy 35459 1,776.14 Employee Computer Loan Program Water Environment Federation 35260 969.00 Professional Organizations Meeting/Training/Memberships Water Environment Federation 35438 793.00 Professional Organizations Meeting/Training/Memberships Waters Technology Corporation 35439 1,210.00 Professional Organizations Meeting/Training/Memberships Waxie Sanitary Supply 35440 644.21 Janitor&Household Service&Supplies Weck Laboratories,Inc. 35261 32.00 Laboratory Services&Supplies Weck Laboratories,Inc. 35441 400.00 Laboratory Services&Supplies Wells Fargo Bank Esc 80556300 35448 15,750.00 Construction,Retention Wells Fargo Bank Escrow 23518600 35278 65,865.50 Construction,Retention Wells Fargo Bank Escrow 23861100 Kiewit 35280 44,645.00 Construction,Retention Wesley&Gail Reed 35229 798.14 User Fee Refund Regarding Septic Tanks West Lite Supply Company,Inc. 35442 550.00 Electrical/Electronic Equipment,Parts&Repairs Western States Controls 35443 713.04 Electrical/Electronic Equipment,Parts&Repairs Wilson Supply,Inc. 35444 199.37 Repair&Maintenance Services and/or Supplies Workplace Resource 35445 649.57 Furniture 24 Hour Fire Protection,Inc. 35446 405.00 Repair&Maintenance Services and/or Supplies Total Accounts Payable-Warrants $ 4,486,945.83 Payroll Disbursements Employee Paychecks 45516 - 45582 $ 111,144.61 Biweekly Payroll(11/17/10) Employee Paychecks 45583 - 45586 14,814.47 Biweekly Payroll(11/18/10&11/22/10) Employee Paychecks 45677 - 45684 870.34 Interim Payroll-IDEA(11/30/10)* Direct Deposit Statements 195949 -196518 1,399,444.07 Biweekly Payroll(11/17/10) Total Payroll Disbursements $ 1,526,273.49 'Checks 45587-45676 were printed out of order for a later pay date. Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 844,344.36 Biweekly Payroll(11/17/10) Kiewit Infrastructure West Co. 2,286,300.00 Construction-P1-102(11/16/10) J.F.Shea Construction,Inc. 1,075,072.41 Construction-P2-90(11/29/10) IPMC c/o Parsons 1,024,713.00 Professional Services/Temporary Services(11/18/10) Total Wire Transfer Payments $ 5,230,429.77 Total Claims Paid 11/16/10-11/30/10 $ 11,243,649.09 EXHIBIT B 10/Ic Page 7 of 7 12/6/2010 Orange County Sanitation District MINUTES BOARD MEETING November 17, 2010 SA N� THE 't Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 11/17/10 Minutes of Board Meeting Page 1 of 6 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on November 17, 2010, at 6:30 p.m., in the Administration Building. Following the Pledge of Allegiance and invocation, the roll was called and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Larry Crandall, Chair Steve Nagel X Troy Edgar, Vice Chair Ken Stephens X John Anderson Jim Winder X Charles Antos Gordon Shanks X Tom Beamish Rose Espinoza X Bill Dalton Andrew Do X Doug Davert John Nielsen X Jon Dumitru Denis Bilodeau X James M. Ferryman Bob Ooten X Cathy Green Jill Hardy X Phil Luebben Prakash Narain X Patsy Marshall Fred Smith X Roy Moore Ron Garcia X Joy Neugebauer Al Krippner X Janet Nguyen Shawn Nelson X Sharon Quirk-Silva Pam Keller X Brad Reese Bill Mac Aloney X David Shawver Carol Warren X Christina Shea Steven Choi X Harry Sidhu Lucille Kring A Sal Tinajero David Benavides X Constance Underhill Scott Nelson X Mark Waldman Henry Charoen X Don Webb Nancy Gardner X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant General Manager; Donna Terrones, Clerk of the Board; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes, Director of Facilities Support Services Department; Jim Herberg, Director of Engineering; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Cindi Ambrose; Jim Burror; Gary Conklin; Michael Gold; Todd Haynes; Randy Kleinman; Gary Prater; Jeff Reed; Juanita Skillman; Ryal Wheeler; and Paula Zeller. OTHERS PRESENT: Brad Hogin, General Counsel; Ken AI-imam; John Azizian; Walid Karolm; Drew Kolosky; Al Krippner; Phil Martin, and Ken Stephens. 11/17/10 Minutes of Board Meeting Page 2 of 6 PUBLIC COMMENTS: Mr. John Azizian commented on rate charges based on commercial property use. REPORTS: Board Chair Crandall, reviewed the meeting schedule for December and presented certificates to outgoing Directors Antos, Green, Shea, Webb, Marshall and Davert. Jim Ruth, General Manager, did not give a report. CLAIMS: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 1. Ratified payment of claims of the District. Claims Paid for the Period Ending 10/15/10 10/31/10 Totals $12,373,244.34 $11,392,164.77 Director Dumitru abstained from discussion and voting on warrant numbers 34080, 34390, 34310, and 34444. Directors Green, Nguyen, and Sidhu abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 2. Approved the Minutes for the Special Meeting held on October 20, 2010, and the Regular Meeting held on October 27, 2010. 3. Approved a Quitclaim Deed between Orange County Sanitation District (OCSD) and the City of Anaheim, transferring ownership and associated property rights for the local sewer in Euclid Street to the City, at no cost to OCSD, in a form approved by General Counsel. 4. A. Adopted Resolution No. OCSD 10-21, adopting the "One Water, One Watershed" Integrated Regional Water Management Plan; and B. Authorized the General Manager, or his designee, to enter into a Grant Funding Program with California Department of Water Resources for monetary assistance under Proposition 84, for the Sludge Dewatering, Odor Control, Land Primary Sludge Thickening at Plant No. 1, Project No. P1-101. 11/17/10 Minutes of Board Meeting Page 3 of 6 STEERING COMMITTEE: Board Chair Crandall reported that the Committee Members received an update on legislation from Eric Sapirstein, Federal Lobbyist, via teleconference. The Committee approved the minutes and the Five-Year Strategic Plan, and met in closed session on three items. MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 5. Ordered Steering Committee Minutes for the regular meeting held on October 27, 2010, to be filed. 6. A. Approved the Five-Year Strategic Plan dated November 2010; and B. Directed staff to implement the goals and levels of service contained in the Plan. OPERATIONS COMMITTEE: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 7. Approved Minutes of the November 3, 2010, Operations Committee meeting. 8. Authorized the General Manager to add Evolution Markets, Inc. to the list of approved brokers for non-exclusive marketing and brokerage services to sell or purchase emission reduction credits and carbon credits, in a form approved by General Counsel. 9. A. Approved a budget increase of $263,990 for a total project budget of $413,990 for Project No. P1-116, Primary Clarifiers 6-31 Evaluation and Optimization Study; B. Approved a Professional Consultant Services Agreement with Carollo Engineers, Inc., providing engineering services for Phase 1 of Project No. P1-116, Primary Clarifiers 6-31 Evaluation and Optimization Study, for an amount not to exceed $285,445; and C. Approved a contingency of $28,545 (10%). 10. Item pulled for discussion. NON-CONSENT: Staff was asked why the change from sale to lease on the properties. Jim Herberg, Director of Engineering, explained that the recommendation had been modified to reflect the Operations Committee's request to lease the Garden Grove property due to the depressed real estate market. It was then, 11/17/10 Minutes of Board Meeting Page 4 of 6 NON-CONSENT: (cont'd) MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 10. A. Adopted Resolution No. OCSD 10-20 Declaring the Real Properties at 7311 Doig Drive, Garden Grove, and Kings County as Surplus Property; B. Authorized the General Manager to utilize the services of two Real Estate Brokers, selected through OCSD's procurement process to provide professional services related to the lease or sale of said properties with the sale service fee to be paid through the sale of the property, not to exceed five percent (5%) of the sale price; and C. Authorized the General Manager to offer for lease OCSD's real property at 7311 Doig Drive, Garden Grove in an as-is condition; and D. Authorized the General Manager to offer for sale the Kings County property with the sales commission to be paid by buyer, at a price approved by the Board of Directors, in a form approved by General Counsel. MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 11. Received and filed the Orange County Sanitation District's Comprehensive Annual Financial Report for the year ended June 30, 2010, prepared by staff and audited by Mayer Hoffman McCann, Certified Public Accountants (MHM), and the following reports prepared by MHM: A. Single Audit Report on Expenditures of Federal Awards for the year ended June 30, 2010; B. Report on Internal Control over Financial Reporting; C. Report on Required Communication with Those in Governance (Summary of Audit Findings); and D. Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets. 12. Item 12 pulled for discussion after the closed session. 11/17/10 Minutes of Board Meeting Page 5 of 6 CLOSED SESSION: CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS (Government Code Section 54956.9(c)) and Subdivision (a) of Section 54956.9) The Board convened in closed session at 7:05 p.m. to discuss four matters. Confidential Minutes of the Closed Session have been prepared in accordance with Government Code Section 54954.5(f), and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 7:40 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel announced the Board of Directors unanimously voted to join a State Court lawsuit with City of Los Angeles and Los Angeles County Sanitation District challenging Kern County's Measure E and unanimously voted to join in an Amicus capacity involving Solano County's Measure E. Jim Herberg, Engineering Director, noted a correction in the staff report under "Prior Committee/Board Actions," to the August 2008 contract amount from $18,512,931 to $17,915,908. MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 12. Approved a contingency increase of $1 ,074,955 (6%) to the Contract with Mladen Buntich Construction Company, Inc. for the construction of the Newport Trunk Sewer and Force Mains, Bitter Point Pump Station to Coast Trunk Sewer, Contract 5-58 for a total contingency of $1,970,750 (11%). OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: There were none. ADJOURNMENT: The Chair declared the meeting adjourned at 7:40 p.m. Donna N. Terrones Clerk of the Board 11/17/10 Minutes of Board Meeting Page 6 of 6 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Donna N. Terrones SUBJECT: CONFLICT OF INTEREST CODE GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 10-22, adopting A Conflict of Interest Code Which Supersedes All Prior Conflict of Interest Codes And Amendments Previously Adopted. SUMMARY See attached General Counsel's memorandum dated November 29, 2010. PRIOR COMMITTEE/BOARD ACTIONS February 24, 2010 — Board amended the Conflict of Interest Code ADDITIONAL INFORMATION None CEQA N/A ATTACHMENTS 1. General Counsel's Memorandum 2. Proposed Resolution No. OCSD 10-22 3. Conflict of Interest Code Page 1 of 1 p TA WOODRUFF,SPRADLIN&SMART 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 DIRECT DIAL:(714)415-1006 DIRECT FAX:(714)415-1106 E-MAIL:bhogin@wss-law.com MEMORANDUM TO: Chair and Members of the Board of Directors Orange County Sanitation District FROM: Bradley R. Hogin DATE: November 29, 2010 RE: Resolution Adopting the District's 2010 Conflict of Interest Code The Resolution adopting the District's 2010 Conflict of Interest Code revises the District's list of designated employees that are required to file statements of economic interests. The changes are necessary due to the recent reorganization of the District and the addition and deletion of several positions as well as certain changes to classification names. General Counsel recommends that the Board adopt the 2010 Conflict of Interest Code to reflect the District's reorganization. Upon adoption, the Code will be submitted to the County Board of Supervisors as the Code-reviewing body. Bradley R. Hogin General Counsel 740213.1 RESOLUTION NO. OCSD 10-22 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 et. 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 ("Sanitation 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 Exhibits A and B in which members Pagel of 8 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 December 15, 2010. Chair, Orange County Sanitation District ATTEST: Clerk of the Board Page 2 of 8 2010 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 87300) 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 Exhibits 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 Sanitation District's Clerk of the Board who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of the Orange County Sanitation District Board of Directors, General Manager, General Counsel, Assistant General Manager, Director of Engineering, Director of Finance & Administrative Services, Director of Operations and Maintenance, Director of Facilities Support Services and the Clerk of the Board, the Filing Officer shall make and retain a copy and forward Page 3 of 8 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. For purposes of this Conflict of Interest Code, the term "gift" shall not include gifts from sources that are located outside the Sanitation District's jurisdiction, do not do business within the Sanitation District's jurisdiction, do not plan to do so business within the Sanitation District's jurisdiction in the future, and have not done business within the jurisdiction during the prior five years. Page 4 of 8 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Disclosure Designated Positions Categories General Manager OC-01 General Counsel OC-01 Assistant General Manager OC-01 Director of Engineering OC-01 Director of Facilities Support Services OC-01 Director of Finance & Administrative Services OC-01 Director of Operations and Maintenance OC-02 Clerk of the Board OC-02 Accounting Manager OC-02 Contracts and Purchasing Manager OC-08 Controller OC-02 Engineering Manager OC-02 Environmental Compliance & Regulatory Affairs Manager OC-02 Facilities Manager OC-02 Human Resources & Employee Relations Manager OC-11 Information Technology Manager OC-08 Information Technology Systems & Operations Manager OC-08 Public Information Manager OC-02 Environmental Laboratory & Ocean Monitoring Manager OC-02 Maintenance Manager OC-02 Operations Manager OC-02 Source Control Manager OC-02 Accounting Supervisor OC-02 Chief Plant Operator OC-02 Purchasing Supervisor OC-05 Contracts Supervisor OC-05 Construction Inspection Supervisor OC-02 Senior Construction Inspection Supervisor OC-02 Engineering Supervisor OC-02 Environmental Supervisor OC-29 Human Resources Supervisor OC-11 Page 5 of 8 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Laboratory Supervisor OC-21 Maintenance Supervisor OC-02 Materials Control Supervisor OC-02 Operations Supervisor OC-02 Safety & Health Supervisor OC-05 Source Control Supervisor OC-02 Principal Accountant OC-01 Principal Financial Analyst OC-12 Buyer OC-05 Senior Buyer OC-05 Capital Improvement Program Project Manager OC-01 Capital Improvement Program Project Management Supervisor OC-01 Construction Inspector OC-10 Senior Construction Inspector OC-10 Contracts Administrator OC-05 Senior Contracts Administrator OC-05 Principal Contracts Administrator OC-05 Senior Engineer OC-05 Regulatory Specialist OC-29 Risk Manager OC-12 Senior Scientist OC-21 Consultant OC-30 Page 6 of 8 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 payments). OC-02 All investments, business positions and sources of income (including gifts, loans and travel payments). 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 this department or District. 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. 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 urchase 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 recruitment, employment search & marketing, classification, training, or negotiation with personnel; employee benefits, and 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. Page 7 of 8 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Category 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 regulation by the department. 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/Superintendent/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. Page 8 of 8 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION A. Receive and file summons and complaint re Elizama G. Langer et al v. Orange County Sanitation District, et al., Los Angeles County Superior Court Case No. BC447695; and, B. Authorize General Counsel to appear and defend the interests of the District. SUMMARY On November 2, 2010, Elizama G. Langer, et al, filed a complaint in California Superior Court against OCSD, et al. The action constitutes complex asbestos litigation, and the complaint contains causes of action for wrongful death and a survival action — asbestos (negligence; strict liability; premise liability). PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A DW-102 Board AR, Rev 10/04/10 Page 1 of 1 Agreement No. D10-014 1 AGREEMENT 2 This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification hereby 3 numbered D10-014 and dated this 114+"day of 2010 , is 4 5 BY and AMONGST The Orange County Flood Control District, a body corporate and politic, hereinafter referred to as "OCFCD," 6 7 The City of Yorba Linda, a municipal corporation and general law city, hereinafter referred to as "CITY," 8 AND 9 The Orange County Sanitation District, a County Sanitation District, hereinafter referred to as "OCSD," 10 11 which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." 12 RECITALS 13 WHEREAS, OCFCD, as a local sponsor of the US Army Corps of Engineers' ("CORPS") Santa 14 Ana River Mainstem Project ("SARP"), is responsible for protection and/or relocation of utilities required -15 as part of the SARP; 16 WHEREAS, the CORPS plans to release higher flow rates from Prado Dam into the Santa Ana v River; 18 WHEREAS, OCSD owns and maintains the Santa Ana River Interceptor ("SARI") Line, a major 19 sanitary sewer line between Weir Canyon Road and the Orange/Riverside County boundary along the 20 Santa Ana River; 21 WHEREAS, OCFCD, in cooperation with OCSD and the Santa Ana Watershed Project Authority 22 ("SAWPA"), proposes to relocate a segment of 'SARI Line between Weir Canyon Road and the 23 Orange/Riverside County boundary along the Santa Ana River floodplain in order to protect the SARI 24 Line from the higher flow releases from Prado Dam; 25 WHEREAS, OCFCD's proposed relocation of the SARI Line (hereinafter referred to as "SARI 26 MAINLINE PROJECT") involves relocation of the SARI Line to the south side of the Santa Ana River 1 Agreement No. D10-014 1 adjacent to and parallel to State Route 91 ("SR-91 2 WHEREAS, two (2) CITY-owned sewer laterals ("City Laterals") which currently connect to the 3 existing SARI Line on the north side of the river will be affected by the relocation of the SARI Line to the 4 south; 5 WHEREAS, CITY desires to re-connect its existing City Laterals to the SARI Line on the south 6 side of the Santa Ana River as part of the SARI MAINLINE PROJECT; 7 WHEREAS, OCFCD, as part of the overall SARI Line Relocation Project ("SARI Line Relocation 8 Project") proposes to construct a separate sewer line (hereinafter referred to as the "YORBA LINDA 9 SPUR PROJECT") to enable CITY to reconnect its existing City Laterals to the SARI Line; 10 WHEREAS, YORBA LINDA SPUR PROJECT is located entirely within CITY boundaries, as 11 shown on Exhibit A, attached hereto, and by this reference, made a part hereof; 12 WHEREAS, a major segment of the YORBA LINDA SPUR PROJECT will be constructed 13 primarily under La Palma Avenue and partially under the Santa Ana River Trail on the north side of the 14 Santa Ana River, as shown on Exhibit A; 15 WHEREAS, YORBA LINDA SPUR PROJECT includes an inverted siphon that will cross 16 underneath the existing low flow of the Santa Ana River as shown on Exhibit A; 17 WHEREAS, YORBA LINDA SPUR PROJECT also includes an odor control facility and related 18 appurtenances located just upstream of the inverted siphon along the Santa Ana River Trail as shown on 19 Exhibit A; 20 WHEREAS, CITY desires that CITY ownership, operation and maintenance of the YORBA 21 LINDA SPUR PROJECT include only that portion within La Palma Avenue and the Santa Ana River Trail; 22 WHEREAS, OCSD is willing to accept ownership, operation and maintenance of the remaining 23 portions of the YORBA LINDA SPUR PROJECT, including the inverted siphon, odor control facility and 24 related appurtenances; 25 WHEREAS, OCFCD requires approval from CITY to construct a portion of the YORBA LINDA 26 SPUR PROJECT within CITY right-of-way along La Palma Avenue; 2 Agreement No. D10-014 1 WHEREAS, OCFCD's SARI MAINLINE PROJECT crosses a portion of a CITY-owned property 2 located to the north of and adjacent to the Gypsum Canyon Road onramp to westbound SR-91; 3 WHEREAS, OCFCD requires approval from CITY to construct, operate and maintain the portion 4 of the SARI MAINLINE PROJECT within CITY-owned property; 5 WHEREAS, OCFCD intends to later transfer the right to operate and maintain SARI Line to 6 OCSD; 7 WHEREAS, PARTIES understand that this AGREEMENT includes only the YORBA LINDA 8 SPUR PROJECT, and does not include the other components of the overall SARI Line Relocation 9 Project (except for that portion of the SARI MAINLINE PROJECT where it crosses CITY-owned property) 10 which may require separate agreements or approvals; 11 WHEREAS, CITY and OCSD agree that this AGREEMENT may not be exhaustive as between 12 the two of them and does not preclude a separate agreement between CITY and OCSD, not involving 13 OCFCD, that may cover other issues between CITY and OCSD involving the YORBA LINDA SPUR 14 PROJECT, and further agree that such other issues shall not affect the performance and completion of 15 their obligations under th is AGREEMENT, especially as these obligations involve the OC FCD; 16 WHEREAS, it is in the public interest for OCFCD, CITY and OCSD to mutually cooperate in the 17 implementation of the YORBA LINDA SPUR PROJECT; 18 NOW, THEREFORE, in consideration of the above and the mutual covenants contained herein, 19 OCFCD, CITY and OCSD agree as follows: 20 1. The intentions of the PARTIES as described in the above recitals are fully incorporated into 21 this AGREEMENT. 22 2. PURPOSE 23 The purpose of this AGREEMENT is to establish the terms and conditions for implementation 24 of the YORBA LINDA SPUR PROJECT including design, construction, ownership, and 25 operation and maintenance responsibilities. 26 3 Agreement No. D10-014 1 3. PROJECT COORDINATION 2 OCFCD's Director of OC Public Works or an authorized designee, hereinafter referred to as 3 "DIRECTOR," shall be OCFCD's representative in all matters pertaining to this AGREEMENT. 4 Director of Public Works/City Engineer of the City of Yorba Linda, or authorized designee, 5 hereinafter referred to as "CITY ENGINEER", shall be CITY's representative in all matters 6 pertaining to this AGREEMENT. OCSD's Director of Engineering or an authorized designee, 7 hereinafter referred to as "OCSD DIRECTOR," shall be OCSD's representative in all matters 8 pertaining to this AGREEMENT. 9 4. PERIOD OF PERFORMANCE 10 The term of this AGREEMENT shall commence upon signature of the last in time to sign of 11 the respective Board/Council of each PARTY. Thereafter, the term of the AGREEMENT ends 12 upon completion and acceptance by'CITY and OCSD of the YORBA LINDA SPUR PROJECT 13 or by completion of the SARI MAINLINE PROJECT as determined by OCFCD in its sole 14 discretion, whichever occurs later. 15 5. YORBA LINDA SPUR PROJECT DESCRIPTION 16 The YORBA LINDA SPUR PROJECT limits are generally shown on Exhibit A and a general 17 description of the YORBA LINDA SPUR PROJECT is provided below: 18 a. Proposed sewer pipeline, approximately 4,684-feet long, to be constructed primarily 19 under La Palma Avenue and the Santa Ana River Trail from approximately 700 feet 20 east of Via Lomas De Yorba East to 2,200 feet west of Old Village Road West. 21 b. Existing 18-inch sewer line, approximately 238-feet long, between La Palma Avenue 22 and the Santa Ana River floodplain. 23 c. Proposed odor control system and related appurtenances such as drains and foul air 24 lines, to be constructed between La Palma Avenue and the Santa Ana River Trail. 25 d. Proposed inverted siphon and pipe overflow with a steel casing to be constructed 26 underneath the Santa Ana River low flow. 4 Agreement No. D10-014 1 e. Proposed sewer pipeline and bypass sewer pipeline to be constructed between the 2 inverted siphon and the existing SARI Line at or near the SAVI Ranch Development. 3 6. OCFCD RESPONSIBILITIES 4 a. OCFCD shall be responsible for funding of the entire YORBA LINDA SPUR 5 PROJECT. 6 b. OCFCD shall be responsible for the design of the YORBA LINDA SPUR PROJECT 7 including the preparation of Plans, Specifications, and Quantity/Cost Estimates 8 ("PS&E"). 9 c. OCFCD shall be responsible for applying for and obtaining required regulatory permits 10 and all government agency approvals, and acquisition of right-of-way for the YORBA 11 LINDA SPUR PROJECT. 12 d. OCFCD shall be the Lead Agency under the California Environmental Quality Act 13 (CEQA) for the YORBA LINDA SPUR PROJECT, as part of the overall SARI Line 14 Relocation Project, and shall prepare all required environmental documents. 15 e. OCFCD shall submit to CITY all PS&E related to the YORBA LINDA SPUR PROJECT 16 for review and approval. PS&E shall conform to OCSD, OCFCD and CITY standards 17 and specifications. In the event of conflict between OCSD, OCFCD and CITY 18 standards and specifications, OCFCD standards and specifications shall prevail. 19 f. OCFCD shall be responsible for reasonable expenses incurred by CITY for review of 20 the PS&E of the YORBA LINDA SPUR PROJECT. OCFCD shall make an initial 21 payment to CITY in the amount of five thousand dollars ($5,000) for such review 22 services. Any additional funds for this purpose in excess of the initial deposit, but not 23 to exceed ten thousand dollars ($10,000), may be requested in writing by CITY for 24 approval by OCFCD. Any unused funds shall be returned to the OCFCD within sixty 25 (60) days of the completion of the YORBA LINDA SPUR PROJECT. 26 g. OCFCD shall follow all applicable statutory requirements and advertise the YORBA 5 Agreement No. D10-014 1 LINDA SPUR PROJECT for public bids. 2 h. OCFCD shall have the sole responsibility for the administration of construction 3 contract for the YORBA LINDA SPUR PROJECT, including, but not limited to, the 4 selection of construction contractors, management of contractors' work, and 5 administration of contracts for compliance with the requirements of all applicable 6 codes, ordinances and other regulations. OCFCD shall comply with all applicable 7 local, state and federal laws, rules and regulations in any manner affecting the 8 YORBA LINDA SPUR PROJECT, including, without limitation, laws pertaining to 9 competitive bidding and prevailing wages. 10 i. OCFCD shall have sole responsibility for contract administration during construction of 11 the YORBA LINDA SPUR PROJECT. OCFCD shall provide a Resident Engineer 12 ("Resident Engineer") who will oversee the project during construction. OCFCD shall 13 allow CITY and OCSD construction inspectors and resident engineers, who shall 14 coordinate their work with the OCFCD's Resident Engineer, access to the job site 15 when requested. Resident Engineer shall have final authority on all matters relating to 16 construction. 17 j. OCFCD shall allow CITY and OCSD, their agents, employees and authorized 18 representatives, access to the YORBA LINDA SPUR PROJECT during design and 19 construction to ensure quality assurance/quality control of activities pursuant to this 20 AGREEMENT. 21 k. OCFCD shall obtain an encroachment permit from CITY for the construction of the 22 YORBA LINDA SPUR PROJECT, as well as the portion of the SARI MAINLINE 23 PROJECT within CITY-owned property, and pay for CITY's inspection costs for review 24 of traffic control and construction or restoration of CITY facilities. OCFCD shall submit 25 an initial deposit in the amount of five thousand dollars ($5,000) with additional 26 deposits as necessary to cover costs incurred by CITY for permit-related inspections 6 Agreement No. D10-014 1 only. 2 I. OCFCD, after completion of construction, shall turn over ownership, operation and 3 maintenance responsibilities of the certain portions of YORBA LINDA SPUR 4 PROJECT to CITY and OCSD as described herein. 5 m. OCFCD shall grant to CITY or OCSD, at no cost to CITY or OCSD, an easement for 6 maintenance and provide reasonable ingress/egress for the YORBA LINDA SPUR 7 PROJECT within OCFCD right-of-way. 8 n. OCFCD acknowledges that CITY-owned improvements disturbed and/or damaged by 9 the YORBA LINDA SPUR PROJECT shall be restored by OCFCD as close as 10 reasonably possible to its pre-existing condition, at OCFCD's expense, in compliance 11 with CITY standards in existence at the time of execution of this AGREEMENT, except 12 that any improvement of CITY property over pre-construction conditions as 13 determined by DIRECTOR in his sole discretion shall be considered a betterment for 14 which cost CITY shall be solely responsible. 15 7. CITY RESPONSIBILITIES 16 a. CITY shall review the YORBA LINDA SPUR PROJECT PS&E for consistency with 17 terms and conditions of this AGREEMENT, and if determined to be satisfactory and in 18 conformance with CITY standards and criteria, approve and sign the plans. CITY shall 19 exert best effort to expedite the review process. 20 b. CITY shall, upon approval by CITY ENGINEER, issue an encroachment permit, for 21 work within CITY right-of-way for the YORBA LINDA SPUR PROJECT and the SARI 22 MAINLINE PROJECT. CITY's inspection costs related to the permit process shall be 23 paid for by OCFCD as described in Section 6.k, but in no event shall the costs exceed 24 ten thousand dollars ($10,000) unless approved otherw ise by DIRECTOR. 25 c. CITY shall, upon approval by the CITY ENGINEER, issue a permit, at no cost to 26 OCFCD, for operation and maintenance of the portion of the SARI MAINLINE Agreement No. D10-014 1 PROJECT within CITY-owned property and acknowledges that OCFCD shall later 2 transfer such rights to OCSD. Said permit shall also include the right to operate and 3 maintain the portion of the YORBA LINDA SPUR PROJECT within CITY right-of-way 4 downstream of the proposed CITY-owned most westerly manhole along La Palma 5 Avenue between La Palma Avenue and the Santa Ana River Trail, including the right 6 to enter the mentioned manhole to access the downstream sewer as well as the drain 7 and foul air connections to the new odor control system. 8 d. In addition to aforementioned permit-related inspections, CITY may, at its sole 9 discretion and at no cost to OCFCD, provide a construction inspector throughout the 10 construction period to ensure proper compliance with CITY standards and criteria. 11 e. CITY shall quitclaim to OCFCD all its existing easements within OCFCD's right-of-way 12 that are no longer needed for the City Laterals. 13 f. CITY shall assist OCFCD, at no cost to OCFCD, in various tasks related to YORBA 14 LINDA SPUR PROJECT including, but not limited to, hosting preconstruction and 15 construction meetings and make available, at no cost to OCFCD, CITY facilities for 16 such purposes. 17 g. Upon completion and acceptance of the YORBA LINDA SPUR PROJECT as 18 determined by DIRECTOR in his sole and absolute discretion, CITY shall assume, in 19 perpetuity, ownership, operation and maintenance of the portion of the YORBA LINDA 20 SPUR PROJECT described herein. That portion of the YORBA LINDA SPUR 21 PROJECT includes the entire pipeline from the most westerly manhole within La 22 Palma Avenue approximately 2,200 feet west of Old Village Road West to the 23 upstream terminus of the YORBA LINDA SPUR PROJECT east of Via Lomas de 24 Yorba East. This portion consists of the segments identified as Item "a" in Section 5 of 25 this AGREEMENT and shown on Exhibit A as "To be owned and maintained by the 26 City of Yorba Linda". 8 Agreement No. D10-014 1 8. OCSD RESPONSIBILITIES 2 a. OCSD shall review the YORBA LINDA SPUR PROJECT PS&E for consistency with 3 terms and conditions of this AGREEMENT, and if determined to be satisfactory and in 4 conformance with OCSD standards and criteria, approve and sign the plans. OCSD 5 shall exert best effort to expedite the review process. 6 b. OCSD, at no cost to OCFCD, may provide a construction inspector during 7 construction to ensure proper compliance with OCSD standards and criteria. 8 c. Upon completion of the YORBA LINDA SPUR PROJECT as determined by 9 DIRECTOR in his sole and absolute discretion, OCSD shall assume, in perpetuity, 10 ownership, operation and maintenance of the portion of the YORBA LINDA SPUR 11 PROJECT described herein. That portion of the YORBA LINDA SPUR PROJECT 12 includes the odor control system and related appurtenances and the entire pipeline, 13 including the inverted siphon, from (but not including) the proposed CITY-owned most 14 westerly manhole within La Palma Avenue to the connection to the SARI Line at SAVI 15 Ranch Development. This portion consists of the segments identified as Items "b", "c", 16 "d" and "e" in Section 5 of this AGREEMENT and shown on Exhibit A as "To be owned 17 and maintained by OCSD". 18 d. OCSD shall quitclaim to OCFCD all its existing easements within OCFCD's right-of- 19 way that are no longer needed for the proposed the YORBA LINDA SPUR PROJECT. 20 9. NOTICES 21 a. Notices or other communications which may be required or provided under the terms 22 of this AGREEMENT shall be given as follows: 23 OCFCD: Director OC Public Works County of Orange/OC Public Works 24 P. O. Box 4048 Santa Ana, CA 92702-4048 25 26 9 Agreement No. D10-014 1 CITY: Director of Public Works/City Engineer City of Yorba Linda 2 4845 Casa Loma Avenue Yorba Linda, CA 92886 3 OCSD: Director of Engineering 4 Orange County Sanitation District 10844 Ellis Avenue 5 Fountain Valley, CA 92708-7018 6 b. All notices shall be in writing and deemed effective when delivered in person or 7 deposited in the United States mail, first class, postage prepaid and addressed as 8 above. Any notices, correspondence, reports and/or statements authorized or 9 required by this AGREEMENT, addressed in any other fashion shall be deemed not 10 given. 11 c. Either PARTY hereto may change its address to which notices are to be sent by giving 12 written notice of such change to the other PARTIES. 13 10. INDEMNIFICATION 14 a. CITY hereby agrees to indemnify, defend with counsel approved in writing by OCFCD 15 and OCSD, and hold harmless OCFCD, County of Orange (COUNTY) and their 16 elected and appointed officials, employees, agents and contractors (OCFCD/COUNTY 17 INDEMNITEES), and OCSD and their elected and appointed officials, employees, 18 agents and contractors (OCSD INDEMNITEES) and their property from all loss, injury, 19 liability, damages, claims, costs and expenses, whether incurred by or made against 20 OCFCD, COUNTY or any OCFCD/COUNTY INDEMNITEES or any OCSD 21 INDEMNITEES (including attorneys' fees and court costs) arising out of (i) breach of 22 this AGREEMENT by CITY, (ii) the willful misconduct or negligent acts or omissions of 23 CITY and/or their elected and appointed officials, officers, employees, agents and 24 contractors (CITY INDEMNITEES) in connection with this AGREEMENT provided, 25 however, that nothing contained in this subparagraph shall operate to relieve OCFCD 26 or OCSD frorn any loss, injury, liability, damages, claims, costs or expenses to the 10 Agreement No. D10-019 1 extent determined by a court of competent jurisdiction to have been proximately 2 caused by the willful misconduct or negligent acts or omissions of OCFCD, 3 OCFCD/COUNTY INDEMNITEES, OCSD, OCSD INDEMNITEES, or any of them. 4 b. OCFCD hereby agrees to indemnify, defend with counsel approved in writing by CITY 5 and OCSD, and hold harmless CITY, CITY INDEMNITEES, OCSD and OCSD 6 INDEMNITEES and their property from all loss, injury, liability, damages, claims, costs 7 and expenses, whether incurred by or made against CITY or any CITY 8 INDEMNITEES or OCSD or any OCSD INDEMNITEES (including attorneys' fees and 9 court costs) arising out of (i) breach of this AGREEMENT by OCFCD, (ii) the willful 10 misconduct or negligent acts or omissions of OCFCD and/or any OCFCD 11 INDEMNITEES in connection with this AGREEMENT, (iii) the materials or other things 12 used or employed in performing the construction of the YORBA LINDA SPUR 13 PROJECT by OCFCD, or (iv) injury to or death of any person or persons (either 14 workmen, employees of OCFCD or their contractors or subcontractors or the public) or 15 damage to adjoining or other property caused by the performance of the construction 16 of the YORBA LINDA SPUR PROJECT by OCFCD; provided, however, that nothing 17 contained in this subparagraph shall operate to relieve CITY or OCSD from any loss, 18 injury, liability, damages, claims, costs or expenses to the extent determined by a 19 court of competent jurisdiction to have been proximately caused by the willful 20 misconduct or negligent acts or omissions of CITY/CITY INDEMNITEES, 21 OCSD,/OCSD INDEMNITIEES, or any of them. 22 c. OCSD hereby agrees to indemnify, defend with counsel approved in writing by 23 OCFCD and CITY, and hold harmless OCFCD, COUNTY, OCFCD/COUNTY 24 INDEMNITEES, CITY/CITY INDEMNITEES and their property from all loss, injury, 25 liability, damages, claims, costs and expenses, whether incurred by or made against 26 OCFCD, COUNTY or any OCFCD!COUNTY INDEMNITEES or CITY/CITY 11 Agreement No. D10-014 1 INDEMNITEES (including attorneys' fees and court costs) arising out of (i) breach of 2 this AGREEMENT by OCSD, (ii) the willful misconduct or negligent acts or omissions 3 of OCSD or OCSD INDEMNITEES in connection with this AGREEMENT provided, 4 however, that nothing contained in this subparagraph shall operate to relieve OCFCD 5 or CITY from any loss, injury, liability, damages, claims, costs or expenses to the 6 extent determined by a court of competent jurisdiction to have been proximately 7 caused by the willful misconduct or negligent acts or omissions of OCFCD, 8 OCFCD/COUNTY INDEMNITEES, CITY/CITY INDEMNITEES, or any of them. 9 11. INDEPENDENT CONTRACTOR STATUS 10 This AGREEMENT is by and among OCFCD, CITY and OCSD, and is not intended and shall 11 not be construed so as to create the relationship of agent, servant, employee, partnership, 12 joint venture or association, as among OCFCD, CITY and OCSD. 13 12. SUCCESSORS AND ASSIGNS 14 This AGREEMENT shall be binding on the successors and assigns of the PARTIES hereto, 15 and shall not be assigned by either of them, without the written consent of the others. The 16 consent of other PARTIES shall not be withheld unreasonably but, prior to approving any 17 such assignment involving the performance of any obligations pursuant to this AGREEMENT, 18 the PARTIES asked to approve the assignment shall be satisfied by competent evidence that 19 the assignee is technically qualified and financially able to perform those services to be 20 assigned. 21 13. WAIVER OF RIGHTS 22 The failure of OCFCD, CITY or OCSD to insist upon strict performance of any of the terms, 23 covenants or conditions of this AGREEMENT shall not be deemed a waiver of any right or 24 remedy that OCFCD, CITY or OCSD may have, and shall not be deemed a waiver of the right 25 to require strict performance of all the terms, covenants and conditions of this AGREEMENT 26 thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, 12 Agreement No. D10-014 1 covenant or condition of this AGREEMENT. 2 14. APPLICABLE LAW 3 This AGREEMENT has been negotiated and executed in the State of California and shall be 4 governed by and construed in accordance with the laws of the State of California. In the 5 event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive 6 venue shall be a court of competent jurisdiction located in Orange County, California, and the 7 PARTIES hereto agree to and do hereby submit to the jurisdiction of such court, 8 notwithstanding Code of Civil Procedure Section 394. The PARTIES specifically agree that 9 by soliciting and entering into and performing services under this AGREEMENT, each shall 10 be deemed to constitute doing business within Orange County from the time of initiation of 11 work, through the period when all work under this AGREEMENT is completed, and continuing 12 until the expiration of any applicable limitations period. Furthermore, the PARTIES have 13 specifically agreed, as part of the consideration given and received for entering into this 14 AGREEMENT, to waive any and all rights to request that an action be transferred for trial to 15 another county under Code of Civil Procedure Section 394. 16 15. SEVERABILITY 17 If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or '18 unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall 19 be given effect to the fullest extent reasonably possible. 20 16. ATTORNEY FEES/COSTS 21 Should litigation be necessary to enforce any terms or provisions of this AGREEMENT, then 22 each PARTY shall bear its own litigation and collection expenses, witness fees, court costs 23 and attorneys' fees. 24 17. EXHIBITS 25 This AGREEMENT incorporates by this reference, the following exhibits which is attached 26 hereto and incorporated herein: 23 Agreement No. D10-014 1 Exhibit A— Proposed Yorba Linda Spur Project 2 18. WAIVER AND INTERPRETATION 3 Titles or captions contained herein are inserted as a matter of convenience and for reference, 4 and in no way define, limit, extend, or describe the scope of this AGREEMENT or any 5 provisions hereof. No provision in this AGREEMENT is to be interpreted for or against a 6 PARTY because that PARTY or its legal representative drafted such provision. 7 19. AUTHORITY 8 The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been 9 duly authorized and executed and constitute the legally binding obligation of their respective 10 organization or entity, enforceable in accordance with its terms. 11 20. AMENDMENT(S) 12 It is mutually understood and agreed that no addition to, alteration of, or variation of the 13 terms of this AGREEMENT, nor any oral understanding or agreement not incorporated 14 herein, shall be valid unless made in writing and signed and approved by all necessary 15 PARTIES. 16 21. ENTIRE AGREEMENT 17 Except as stated in the second to last "Whereas" clause in the Recital Section above, this 18 document sets forth the entire AGREEMENT between OCFCD, CITY and OCSD with regards 19 to the YORBA LINDA SPUR PROJECT, and may be modified only by further written 20 amendment between the PARTIES hereto, in accordance with Section 20 ("AMENDMENTS"), 21 above. 22 23 24 25 26 14 Agreement No. D10-014 1 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT in counterparts 2 on the dates opposite their respective signatures and each such counterpart shall be deemed an original: 3 CITY OF YORBA LINDA, CALIFORNIA, 4 A municipal corporation of the State of California 5 6 BY: 7 Steven A. Rudometkin, City Manager 8 APPROVED AS TO FORM: Attest: 9 10 11 BY: BY: J mie Raymond, Oy Attorney Marcia Brown, City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15 Agreement No. D10-014 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT in counterparts on the dates opposite their respective signatures and each such counterpart shall be deemed an original: Orange County Sanitation District Date: i /�. , j/ BY Chair, oa Directors c /!/ Date. / r By 2 C Cleyk of the Board APPROVED AS TO FOR( BRADLEY R. HOGIN GENERAL COUNSEL 16 Agreement No. D10-014 1 2 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT in counterparts 3 on the dates opposite their respective signatures and each such counter part shall be deemed an original: 4 5 Orange County Flood Control District, a body corporate and politic 6 7 Date: 12 - (l4-10 By Chair of t e Board of Su ervisors 8 Orange County, CA 9 Signed and certified that a copy of this document has been 10 deliverr-1 the Chair of the Board per G.C. Sec 25103, Reso73, . Attest: 11 Date: I.2- -f D4e�' 12 arlene J. om Clerk of the Boar o Supervisors 13 County of Or e, California 14 15 Date: /�A 16 APPROVED AS TO FORM Office of the County Counsel 17 Orange County, California 18 B Y�AjA,4.- Deputy 19 20 21 22 23 24 25 26 17 �- _,. + �• o`� ,s• •:::��.�..%a� � ...��," f k �p�, ��'�.�j�a�e� {� � :_ "a tea. ,. a ••• I i (PART OF YORBA LINDA _ SPU Nil zt�a r s; .. r",! t--�.`- '" y M�6' L'�• o- ,Spt � �. � � ,ra. 4t �« ED ODOR CONTROL SYSTEM WITH SPUR PROJECT w. '•'• I� t .w:�.:,sr \ ev..:._ !� ,jam'. r��, �^ � py � W i ` z' (INCLUDES ODOR CONTROL PORTION OF T "1 b:. Fes+ '�`= FS•^.,' ' siG'x. -•=, s3. _ �'}..., �`'. , R — � .. �� .� ,��'"� •}, • - I 'r��t�t�'-.;" � � ,tom.. ^� ti .i �.,'�"`"� "`. �� "=�t�r"'�.•®^ •Kr',e � "' y t ti�.�,l"4.�'�. � mot:.r,a ®.�� t:. e: P.., +s t�� a^ � + �;� a� � ��:. .df��•''s .ds� i:�r°'r -+{t:P 1 @�,`s. ,;�,.—'—^^' _ ��. Ys �.�' •��,.-.r, ._. n '�?"is��,x: � °� > F �� p., t .. �S,'�- e� - of �: `�^j,•.ba.:._� �4.se.e#� 'Cr a� - + �n,,-��. t � Y � ' ;:�'4,r ...: ? ,k � v :.. e`: �a'.�.�` ♦pia 6::+ F•.l�„ '�i �� k. _ ��_ � �:.�k,+e �'" � s i,..�� rx� yy,�`�W'p,� k®y''' �yr,p"'yJ�. a, .� c� '�-�°�`� � � �l � `\. ��c q�. C�-v*;' .��.� '�,.• t••. �' .. t C�.;,P; r� �� •�: .�. tip^ `� �" �. ;;�,,,.,0'�''�� f`1` � '�''�.� r.�a ",� Y..x � ss' a..� P� s , "bbb x t •.. � � 'i� . Rom. 4 P < �,, •, � �.`� �4`�i✓'� a"'. x, sr f i ^s qfi _ a {"�,,/ I ;. 4r^. ,��` � ,.s�•w.� � `Y:��t � W �. _..bA�,,� r.. � � ,y"a� � >aaw ��„ µ F I `'�,` �kr c� 'kaaP �yp��` i t 5 x 4 a BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 5 Orange County Sanitation District FROM: James D. Ruth, General Manager Jim Herberg, Director of Engineering Project Manager: Hardat Khublall GENERAL MANAGER'S RECOMMENDATION Approve Three Party Agreement No. D10-014 with the Orange County Flood Control District, City of Yorba Linda, and the Orange County Sanitation District, providing for the establishment of the terms and conditions for the implementation of the Yorba Linda Spur in connection with Santa Ana River Interceptor Realignment and Protection, Contract No. 2-41. SUMMARY The Orange County Flood Control District (OCFCD) is relocating the Orange County Sanitation District's (Sanitation District) Santa Ana River Interceptor (SARI) line between Weir Canyon Road and the Orange/Riverside County boundary along the Santa Ana River. The Sanitation District and OCFCD have cooperated to advance the relocation of the SARI line in response to existing conditions and the raising of the Prado Dam by the U.S. Army Corps of Engineers (Corps) and OCFCD. OCFCD is the lead agency responsible for the design and construction of the project. The City of Yorba Linda sewage flows through two laterals that currently connect to the existing SARI line. The design of the new SARI line, proposed to be constructed on the south side of the river, makes it impractical to extend these laterals to connect to the new line; therefore an alternative design was implemented. This new design, called the Yorba Linda Spur, combines flows from both of these laterals via a common sewer line along La Palma Avenue and connects to the new SARI line at the most downstream location. The purpose of this agreement is to establish the terms and conditions for the implementation of the Yorba Linda Spur, including the design, construction, ownership, and operation and maintenance responsibilities. Under the proposed agreement, the City of Yorba Linda will be responsible for the ownership and maintenance of the sewer line to be constructed primarily on La Palma Avenue. The Sanitation District will be responsible for the ownership and maintenance of the sewer line to be constructed between the Yorba Linda portion of the line on La Palma and the connection to the SARI main line near the SAVI Ranch Development including the siphon and the odor control system and related appurtenances. DW-102 Board AR,Rev 10/04/10 Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS July 2010 — Approval of a revised recommendation of the approved May 26, 2010 report regarding the SARI Line Loan and Repayment Agreement No. D07-042 with the OCFCD to allow for the release of funds 30 days prior to the scheduled OCFCD Board hearing on the contract award, with the remaining balance to be released 12 months later. ADDITIONAL INFORMATION The project is currently in its final design phase and scheduled for advertising and bidding by March 2011. Construction will start by May 2011 and planned to be completed by February 2013. CEQA A Supplemental Environmental Impact Statement/Environmental Impact Report (SEIS/EIR), dated March 2008, State Clearinghouse Number 2004044001, has been prepared for this project. CEQA was certified by the County of Orange in October 2009 and for NEPA, the Record of Decision was approved by the Corps in November 2009. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A JH:HK:el DW-102 Board AR,Rev 10/04/10 Page 2 of 2 Agreement No. D10-014 AGREEMENT This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification hereby numbered D10-014 and dated this day of , 2010, is BY and AMONGST The Orange County Flood Control District, a body corporate and politic, hereinafter referred to as "OCFCD," The City of Yorba Linda, a municipal corporation and general law city, hereinafter referred to as "CITY," AND The Orange County Sanitation District, a County Sanitation District, hereinafter referred to as "OCSD," which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." RECITALS WHEREAS, OCFCD, as a local sponsor of the US Army Corps of Engineers' ("CORPS") Santa Ana River Mainstem Project ("SARP"), is responsible for protection and/or relocation of utilities required as part of the SARP; WHEREAS, the CORPS plans to release higher flow rates from Prado Dam into the Santa Ana River; WHEREAS, OCSD owns and maintains the Santa Ana River Interceptor ("SARI") Line, a major sanitary sewer line between Weir Canyon Road and the Orange/Riverside County boundary along the Santa Ana River; WHEREAS, OCFCD, in cooperation with OCSD and the Santa Ana Watershed Project Authority ("SAWPA"), proposes to relocate a segment of SARI Line between Weir Canyon Road and the Orange/Riverside County boundary along the Santa Ana River floodplain in order to protect the SARI Line from the higher flow releases from Prado Dam; WHEREAS, OCFCD's proposed relocation of the SARI Line (hereinafter referred to as "SARI MAINLINE PROJECT") involves relocation of the SARI Line to the south side of the Santa Ana River 1 Agreement No. D10-014 adjacent to and parallel to State Route 91 ("SR-91 WHEREAS, two (2) CITY-owned sewer laterals ("City Laterals") which currently connect to the existing SARI Line on the north side of the river will be affected by the relocation of the SARI Line to the south; WHEREAS, CITY desires to re-connect its existing City Laterals to the SARI Line on the south side of the Santa Ana River as part of the SARI MAINLINE PROJECT; WHEREAS, OCFCD, as part of the overall SARI Line Relocation Project ("SARI Line Relocation Project") proposes to construct a separate sewer line (hereinafter referred to as the "YORBA LINDA SPUR PROJECT") to enable CITY to reconnect its existing City Laterals to the SARI Line; WHEREAS, YORBA LINDA SPUR PROJECT is located entirely within CITY boundaries, as shown on Exhibit A, attached hereto, and by this reference, made a part hereof; WHEREAS, a major segment of the YORBA LINDA SPUR PROJECT will be constructed primarily under La Palma Avenue and partially under the Santa Ana River Trail on the north side of the Santa Ana River, as shown on Exhibit A; WHEREAS, YORBA LINDA SPUR PROJECT includes an inverted siphon that will cross underneath the existing low flow of the Santa Ana River as shown on Exhibit A; WHEREAS, YORBA LINDA SPUR PROJECT also includes an odor control facility and related appurtenances located just upstream of the inverted siphon along the Santa Ana River Trail as shown on Exhibit A; WHEREAS, CITY desires that CITY ownership, operation and maintenance of the YORBA LINDA SPUR PROJECT include only that portion within La Palma Avenue and the Santa Ana River Trail; WHEREAS, OCSD is willing to accept ownership, operation and maintenance of the remaining portions of the YORBA LINDA SPUR PROJECT, including the inverted siphon, odor control facility and related appurtenances; WHEREAS, OCFCD requires approval from CITY to construct a portion of the YORBA LINDA SPUR PROJECT within CITY right-of-way along La Palma Avenue; 2 Agreement No. D10-014 WHEREAS, OCFCD's SARI MAINLINE PROJECT crosses a portion of a CITY-owned property located to the north of and adjacent to the Gypsum Canyon Road onramp to westbound SR-91; WHEREAS, OCFCD requires approval from CITY to construct, operate and maintain the portion of the SARI MAINLINE PROJECT within CITY-owned property; WHEREAS, OCFCD intends to later transfer the right to operate and maintain SARI Line to OCSD; WHEREAS, PARTIES understand that this AGREEMENT includes only the YORBA LINDA SPUR PROJECT, and does not include the other components of the overall SARI Line Relocation Project (except for that portion of the SARI MAINLINE PROJECT where it crosses CITY-owned property) which may require separate agreements or approvals; WHEREAS, CITY and OCSD agree that this AGREEMENT may not be exhaustive as between the two of them and does not preclude a separate agreement between CITY and OCSD, not involving OCFCD, that may cover other issues between CITY and OCSD involving the YORBA LINDA SPUR PROJECT, and further agree that such other issues shall not affect the performance and completion of their obligations under this AGREEMENT, especially as these obligations involve the OCFCD; WHEREAS, it is in the public interest for OCFCD, CITY and OCSD to mutually cooperate in the implementation of the YORBA LINDA SPUR PROJECT; NOW, THEREFORE, in consideration of the above and the mutual covenants contained herein, OCFCD, CITY and OCSD agree as follows: 1. The intentions of the PARTIES as described in the above recitals are fully incorporated into this AGREEMENT. 2. PURPOSE The purpose of this AGREEMENT is to establish the terms and conditions for implementation of the YORBA LINDA SPUR PROJECT including design, construction, ownership, and operation and maintenance responsibilities. 3 Agreement No. D10-014 3. PROJECT COORDINATION OCFCD's Director of OC Public Works or an authorized designee, hereinafter referred to as "DIRECTOR," shall be OCFCD's representative in all matters pertaining to this AGREEMENT. Director of Public Works/City Engineer of the City of Yorba Linda, or authorized designee, hereinafter referred to as "CITY ENGINEER", shall be CITY's representative in all matters pertaining to this AGREEMENT. OCSD's Director of Engineering or an authorized designee, hereinafter referred to as "OCSD DIRECTOR," shall be OCSD's representative in all matters pertaining to this AGREEMENT. 4. PERIOD OF PERFORMANCE The term of this AGREEMENT shall commence upon signature of the last in time to sign of the respective Board/Council of each PARTY. Thereafter, the term of the AGREEMENT ends upon completion and acceptance by CITY and OCSD of the YORBA LINDA SPUR PROJECT or by completion of the SARI MAINLINE PROJECT as determined by OCFCD in its sole discretion, whichever occurs later. 5. YORBA LINDA SPUR PROJECT DESCRIPTION The YORBA LINDA SPUR PROJECT limits are generally shown on Exhibit A and a general description of the YORBA LINDA SPUR PROJECT is provided below: a. Proposed sewer pipeline, approximately 4,684-feet long, to be constructed primarily under La Palma Avenue and the Santa Ana River Trail from approximately 700 feet east of Via Lomas De Yorba East to 2,200 feet west of Old Village Road West. b. Existing 18-inch sewer line, approximately 238-feet long, between La Palma Avenue and the Santa Ana River floodplain. c. Proposed odor control system and related appurtenances such as drains and foul air lines, to be constructed between La Palma Avenue and the Santa Ana River Trail. d. Proposed inverted siphon and pipe overflow with a steel casing to be constructed underneath the Santa Ana River low flow. 4 Agreement No. D10-014 e. Proposed sewer pipeline and bypass sewer pipeline to be constructed between the inverted siphon and the existing SARI Line at or near the SAVI Ranch Development. 6. OCFCD RESPONSIBILITIES a. OCFCD shall be responsible for funding of the entire YORBA LINDA SPUR PROJECT. b. OCFCD shall be responsible for the design of the YORBA LINDA SPUR PROJECT including the preparation of Plans, Specifications, and Quantity/Cost Estimates ("PS&E"). c. OCFCD shall be responsible for applying for and obtaining required regulatory permits and all government agency approvals, and acquisition of right-of-way for the YORBA LINDA SPUR PROJECT. d. OCFCD shall be the Lead Agency under the California Environmental Quality Act (CEQA) for the YORBA LINDA SPUR PROJECT, as part of the overall SARI Line Relocation Project, and shall prepare all required environmental documents. e. OCFCD shall submit to CITY all PS&E related to the YORBA LINDA SPUR PROJECT for review and approval. PS&E shall conform to OCSD, OCFCD and CITY standards and specifications. In the event of conflict between OCSD, OCFCD and CITY standards and specifications, OCFCD standards and specifications shall prevail. f. OCFCD shall be responsible for reasonable expenses incurred by CITY for review of the PS&E of the YORBA LINDA SPUR PROJECT. OCFCD shall make an initial payment to CITY in the amount of five thousand dollars ($5,000) for such review services. Any additional funds for this purpose in excess of the initial deposit, but not to exceed ten thousand dollars ($10,000), may be requested in writing by CITY for approval by OCFCD. Any unused funds shall be returned to the OCFCD within sixty (60) days of the completion of the YORBA LINDA SPUR PROJECT. g. OCFCD shall follow all applicable statutory requirements and advertise the YORBA 5 Agreement No. D10-014 LINDA SPUR PROJECT for public bids. h. OCFCD shall have the sole responsibility for the administration of construction contract for the YORBA LINDA SPUR PROJECT, including, but not limited to, the selection of construction contractors, management of contractors' work, and administration of contracts for compliance with the requirements of all applicable codes, ordinances and other regulations. OCFCD shall comply with all applicable local, state and federal laws, rules and regulations in any manner affecting the YORBA LINDA SPUR PROJECT, including, without limitation, laws pertaining to competitive bidding and prevailing wages. i. OCFCD shall have sole responsibility for contract administration during construction of the YORBA LINDA SPUR PROJECT. OCFCD shall provide a Resident Engineer ("Resident Engineer") who will oversee the project during construction. OCFCD shall allow CITY and OCSD construction inspectors and resident engineers, who shall coordinate their work with the OCFCD's Resident Engineer, access to the job site when requested. Resident Engineer shall have final authority on all matters relating to construction. j. OCFCD shall allow CITY and OCSD, their agents, employees and authorized representatives, access to the YORBA LINDA SPUR PROJECT during design and construction to ensure quality assurance/quality control of activities pursuant to this AGREEMENT. k. OCFCD shall obtain an encroachment permit from CITY for the construction of the YORBA LINDA SPUR PROJECT, as well as the portion of the SARI MAINLINE PROJECT within CITY-owned property, and pay for CITY's inspection costs for review of traffic control and construction or restoration of CITY facilities. OCFCD shall submit an initial deposit in the amount of five thousand dollars ($5,000) with additional deposits as necessary to cover costs incurred by CITY for permit-related inspections 6 Agreement No. D10-014 only. I. OCFCD, after completion of construction, shall turn over ownership, operation and maintenance responsibilities of the certain portions of YORBA LINDA SPUR PROJECT to CITY and OCSD as described herein. m. OCFCD shall grant to CITY or OCSD, at no cost to CITY or OCSD, an easement for maintenance and provide reasonable ingress/egress for the YORBA LINDA SPUR PROJECT within OCFCD right-of-way. n. OCFCD acknowledges that CITY-owned improvements disturbed and/or damaged by the YORBA LINDA SPUR PROJECT shall be restored by OCFCD as close as reasonably possible to its pre-existing condition, at OCFCD's expense, in compliance with CITY standards in existence at the time of execution of this AGREEMENT, except that any improvement of CITY property over pre-construction conditions as determined by DIRECTOR in his sole discretion shall be considered a betterment for which cost CITY shall be solely responsible. 7. CITY RESPONSIBILITIES a. CITY shall review the YORBA LINDA SPUR PROJECT PS&E for consistency with terms and conditions of this AGREEMENT, and if determined to be satisfactory and in conformance with CITY standards and criteria, approve and sign the plans. CITY shall exert best effort to expedite the review process. b. CITY shall, upon approval by CITY ENGINEER, issue an encroachment permit, for work within CITY right-of-way for the YORBA LINDA SPUR PROJECT and the SARI MAINLINE PROJECT. CITY's inspection costs related to the permit process shall be paid for by OCFCD as described in Section 6.k, but in no event shall the costs exceed ten thousand dollars ($10,000) unless approved otherwise by DIRECTOR. c. CITY shall, upon approval by the CITY ENGINEER, issue a permit, at no cost to OCFCD, for operation and maintenance of the portion of the SARI MAINLINE V Agreement No. D10-014 PROJECT within CITY-owned property and acknowledges that OCFCD shall later transfer such rights to OCSD. Said permit shall also include the right to operate and maintain the portion of the YORBA LINDA SPUR PROJECT within CITY right-of-way downstream of the proposed CITY-owned most westerly manhole along La Palma Avenue between La Palma Avenue and the Santa Ana River Trail, including the right to enter the mentioned manhole to access the downstream sewer as well as the drain and foul air connections to the new odor control system. d. In addition to aforementioned permit-related inspections, CITY may, at its sole discretion and at no cost to OCFCD, provide a construction inspector throughout the construction period to ensure proper compliance with CITY standards and criteria. e. CITY shall quitclaim to OCFCD all its existing easements within OCFCD's right-of-way that are no longer needed for the City Laterals. f. CITY shall assist OCFCD, at no cost to OCFCD, in various tasks related to YORBA LINDA SPUR PROJECT including, but not limited to, hosting preconstruction and construction meetings and make available, at no cost to OCFCD, CITY facilities for such purposes. g. Upon completion and acceptance of the YORBA LINDA SPUR PROJECT as determined by DIRECTOR in his sole and absolute discretion, CITY shall assume, in perpetuity, ownership, operation and maintenance of the portion of the YORBA LINDA SPUR PROJECT described herein. That portion of the YORBA LINDA SPUR PROJECT includes the entire pipeline from the most westerly manhole within La Palma Avenue approximately 2,200 feet west of Old Village Road West to the upstream terminus of the YORBA LINDA SPUR PROJECT east of Via Lomas de Yorba East. This portion consists of the segments identified as Item "a" in Section 5 of this AGREEMENT and shown on Exhibit A as "To be owned and maintained by the City of Yorba Linda". 8 Agreement No. D10-014 8. OCSD RESPONSIBILITIES a. OCSD shall review the YORBA LINDA SPUR PROJECT PS&E for consistency with terms and conditions of this AGREEMENT, and if determined to be satisfactory and in conformance with OCSD standards and criteria, approve and sign the plans. OCSD shall exert best effort to expedite the review process. b. OCSD, at no cost to OCFCD, may provide a construction inspector during construction to ensure proper compliance with OCSD standards and criteria. c. Upon completion of the YORBA LINDA SPUR PROJECT as determined by DIRECTOR in his sole and absolute discretion, OCSD shall assume, in perpetuity, ownership, operation and maintenance of the portion of the YORBA LINDA SPUR PROJECT described herein. That portion of the YORBA LINDA SPUR PROJECT includes the odor control system and related appurtenances and the entire pipeline, including the inverted siphon, from (but not including) the proposed CITY-owned most westerly manhole within La Palma Avenue to the connection to the SARI Line at SAVI Ranch Development. This portion consists of the segments identified as Items "b", "c", "d" and "e" in Section 5 of this AGREEMENT and shown on Exhibit A as "To be owned and maintained by OCSD". d. OCSD shall quitclaim to OCFCD all its existing easements within OCFCD's right-of- way that are no longer needed for the proposed the YORBA LINDA SPUR PROJECT. 9. NOTICES a. Notices or other communications which may be required or provided under the terms of this AGREEMENT shall be given as follows: OCFCD: Director OC Public Works County of Orange/OC Public Works P. O. Box 4048 Santa Ana, CA 92702-4048 9 Agreement No. D10-014 CITY: Director of Public Works/City Engineer City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92886 OCSD: Director of Engineering Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 b. All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, correspondence, reports and/or statements authorized or required by this AGREEMENT, addressed in any other fashion shall be deemed not given. c. Either PARTY hereto may change its address to which notices are to be sent by giving written notice of such change to the other PARTIES. 10. INDEMNIFICATION a. CITY hereby agrees to indemnify, defend with counsel approved in writing by OCFCD and OCSD, and hold harmless OCFCD, County of Orange (COUNTY) and their elected and appointed officials, employees, agents and contractors (OCFCD/COUNTY INDEMNITEES), and OCSD and their elected and appointed officials, employees, agents and contractors (OCSD INDEMNITEES) and their property from all loss, injury, liability, damages, claims, costs and expenses, whether incurred by or made against OCFCD, COUNTY or any OCFCD/COUNTY INDEMNITEES or any OCSD INDEMNITEES (including attorneys' fees and court costs) arising out of (i) breach of this AGREEMENT by CITY, (ii) the willful misconduct or negligent acts or omissions of CITY and/or their elected and appointed officials, officers, employees, agents and contractors (CITY INDEMNITEES) in connection with this AGREEMENT provided, however, that nothing contained in this subparagraph shall operate to relieve OCFCD or OCSD from any loss, injury, liability, damages, claims, costs or expenses to the 10 Agreement No. D10-014 extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of OCFCD, OCFCD/COUNTY INDEMNITEES, OCSD, OCSD INDEMNITEES, or any of them. b. OCFCD hereby agrees to indemnify, defend with counsel approved in writing by CITY and OCSD, and hold harmless CITY, CITY INDEMNITEES, OCSD and OCSD INDEMNITEES and their property from all loss, injury, liability, damages, claims, costs and expenses, whether incurred by or made against CITY or any CITY INDEMNITEES or OCSD or any OCSD INDEMNITEES (including attorneys' fees and court costs) arising out of (i) breach of this AGREEMENT by OCFCD, (ii) the willful misconduct or negligent acts or omissions of OCFCD and/or any OCFCD INDEMNITEES in connection with this AGREEMENT, (iii) the materials or other things used or employed in performing the construction of the YORBA LINDA SPUR PROJECT by OCFCD, or (iv) injury to or death of any person or persons (either workmen, employees of OCFCD or their contractors or subcontractors or the public) or damage to adjoining or other property caused by the performance of the construction of the YORBA LINDA SPUR PROJECT by OCFCD; provided, however, that nothing contained in this subparagraph shall operate to relieve CITY or OCSD from any loss, injury, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of CITY/CITY INDEMNITEES, OCSD,/OCSD INDEMNITIEES, or any of them. c. OCSD hereby agrees to indemnify, defend with counsel approved in writing by OCFCD and CITY, and hold harmless OCFCD, COUNTY, OCFCD/COUNTY INDEMNITEES, CITY/CITY INDEMNITEES and their property from all loss, injury, liability, damages, claims, costs and expenses, whether incurred by or made against OCFCD, COUNTY or any OCFCD/COUNTY INDEMNITEES or CITY/CITY 11 Agreement No. D10-014 INDEMNITEES (including attorneys' fees and court costs) arising out of (i) breach of this AGREEMENT by OCSD, (ii) the willful misconduct or negligent acts or omissions of OCSD or OCSD INDEMNITEES in connection with this AGREEMENT provided, however, that nothing contained in this subparagraph shall operate to relieve OCFCD or CITY from any loss, injury, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of OCFCD, OCFCD/COUNTY INDEMNITEES, CITY/CITY INDEMNITEES, or any of them. 11. INDEPENDENT CONTRACTOR STATUS This AGREEMENT is by and among OCFCD, CITY and OCSD, and is not intended and shall not be construed so as to create the relationship of agent, servant, employee, partnership, joint venture or association, as among OCFCD, CITY and OCSD. 12. SUCCESSORS AND ASSIGNS This AGREEMENT shall be binding on the successors and assigns of the PARTIES hereto, and shall not be assigned by either of them, without the written consent of the others. The consent of other PARTIES shall not be withheld unreasonably but, prior to approving any such assignment involving the performance of any obligations pursuant to this AGREEMENT, the PARTIES asked to approve the assignment shall be satisfied by competent evidence that the assignee is technically qualified and financially able to perform those services to be assigned. 13. WAIVER OF RIGHTS The failure of OCFCD, CITY or OCSD to insist upon strict performance of any of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver of any right or remedy that OCFCD, CITY or OCSD may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of this AGREEMENT thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, 12 Agreement No. D10-014 covenant or condition of this AGREEMENT. 14. APPLICABLE LAW This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. The PARTIES specifically agree that by soliciting and entering into and performing services under this AGREEMENT, each shall be deemed to constitute doing business within Orange County from the time of initiation of work, through the period when all work under this AGREEMENT is completed, and continuing until the expiration of any applicable limitations period. Furthermore, the PARTIES have specifically agreed, as part of the consideration given and received for entering into this AGREEMENT, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394. 15. SEVERABILITY If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. 16. ATTORNEY FEES/COSTS Should litigation be necessary to enforce any terms or provisions of this AGREEMENT, then each PARTY shall bear its own litigation and collection expenses, witness fees, court costs and attorneys' fees. 17. EXHIBITS This AGREEMENT incorporates by this reference, the following exhibits which is attached hereto and incorporated herein: 13 Agreement No. D10-014 • Exhibit A— Proposed Yorba Linda Spur Project 18. WAIVER AND INTERPRETATION Titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this AGREEMENT or any provisions hereof. No provision in this AGREEMENT is to be interpreted for or against a PARTY because that PARTY or its legal representative drafted such provision. 19. AUTHORITY The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized and executed and constitute the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 20. AMENDMENT(S) It is mutually understood and agreed that no addition to, alteration of, or variation of the terms of this AGREEMENT, nor any oral understanding or agreement not incorporated herein, shall be valid unless made in writing and signed and approved by all necessary PARTIES. 21. ENTIRE AGREEMENT Except as stated in the second to last "Whereas" clause in the Recital Section above, this document sets forth the entire AGREEMENT between OCFCD, CITY and OCSD with regards to the YORBA LINDA SPUR PROJECT, and may be modified only by further written amendment between the PARTIES hereto, in accordance with Section 20 ("AMENDMENTS"), above. 14 Agreement No. D10-014 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT in counterparts on the dates opposite their respective signatures and each such counterpart shall be deemed an original: CITY OF YORBA LINDA, CALIFORNIA, A municipal corporation of the State of California BY: Steven A. Rudometkin, City Manager APPROVED AS TO FORM: Attest: BY: BY: Jamie Raymond, City Attorney Marcia Brown, City Clerk 15 Agreement No. D10-014 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT in counterparts on the dates opposite their respective signatures and each such counterpart shall be deemed an original: Orange County Sanitation District Date: By Chair, Board of Directors Date: By Clerk of the Board APPROVED AS TO FORM General Counsel 16 Agreement No. D10-014 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT in counterparts on the dates opposite their respective signatures and each such counterpart shall be deemed an original: Orange County Flood Control District, a body corporate and politic Date: By Chair of the Board of Supervisors Orange County, CA Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79-1535. Attest: Date: Darlene J. Bloom Clerk of the Board of Supervisors County of Orange, California Date: APPROVED AS TO FORM Office of the County Counsel Orange County, California By: Deputy lV t ' 14.(PART OF YORB AV SPUR - L-I PROJECT) _ r ISM=In I � 7 J►I • ri rem . �' « tw . M 11 :d .iM1Q f 'yy - -• • •- / i'�� tom . -.•y_ - Jt 6 • AA - �. E • • • ' �� PROPOSED • B •, . /SPUR PROJECT ,� 4 • •• ,; .i, 44 4 fix. + ♦ (INCLUDES ODOR CONTROLAND a i � ♦♦ �. PORTION OF EXISTING SARI - .. ♦ w .,�;�` `'+ - - - �• a F�i F - 9 It 44 �I +'I �,1� y to441��1 J' 1 r - �� ♦ I / ,�I.�. a'.F� I -;•} �� 1_j..'+45. �; M o SPNfP AAt Ilk 1 1 �.Volt' ~;� 0 200 400 600 FEET BOARD OF DIRECTORS Meeting Date To Bd.of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 6 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Dean Fisher GENERAL MANAGER'S RECOMMENDATION A. Approve Plans and Specifications for the P1 Power Building 4 Power Transformer System Upgrade, Project No. FE07-09, on file at the office of the Clerk of the Board; B. Approve Addendum No. 1 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to Mass Electric Construction Company for P1 Power Building 4 Power Transformer System Upgrade, Project No. FE07-09, for an amount not to exceed $308,230; and, E. Approve a contingency of $61,646 (20%). SUMMARY This project includes the replacement of one existing power transformer located at Power Building 4 at Plant No. 1, and the construction of a transformer oil containment area and concrete masonry unit wall. Additional work elements include the installation of a neutral grounding system and the removal and reinstallation of a separate existing power transformer at Power Building 4. The plans and specifications for P1 Power Building 4 Power Transformer System Upgrade, Project No. FE07-09, were completed in August 2010. Eight sealed bids were received September 15, 2010. After evaluation of the bids by the Orange County Sanitation District (Sanitation District) Evaluation Team, Mass Electric Construction Company is deemed the lowest, responsive and responsible bidder. The Sanitation District Evaluation Team recommends awarding the contract to Mass Electric Construction Company. SUMMARY (cont'd) Summary information on the bid opening for P1 Power Building 4 Power Transformer System Upgrade, Project No. FE07-09, is as follows: Project Budget $724,220 Construction Contract Budget (FE07-09) $360,000 Engineer's Construction Estimate $330,000 Lowest, Responsive, Responsible Bid $308,230 High Bid $481 ,400 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The contractor selection was conducted in accordance with the Sanitation District's adopted policies and procedures. Bidder Amount of Bid Mass Electric Construction Company $308,230 MS Navarro Engineering $359,330 Southern Contracting Company $368,000 American Electric Company $370,000 Pacific Electric Lighting and Sound, Inc. dba WB Walton Electric $374,000 International Line Builders $375,643 Minako America Corporation dba Minco Construction $433,400 Morrow Meadows Corporation $481 ,400 CEQA A Notice of Exemption was filed for this project on August 23, 2007. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Budget Update Fiscal Year 2010-2011 , Page No. 97, FE-P1) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency December 15, 2010 $308,230 $61,646 (20%) JH:DD:aln BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 7 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Dean Fisher GENERAL MANAGER'S RECOMMENDATION A. Approve Plans and Specifications for the P1 Baker-Gisler Siphon Access and Air- Jumper Improvements, Project No. FE05-41, on file at the office of the Clerk of the Board; B. Approve Addendum No. 1 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to 4-Con Engineering, Inc., for P1 Baker-Gisler Siphon Access and Air-Jumper Improvements, Project No. FE05-41, for an amount not to exceed $279,950; and, E. Approve a contingency of $55,990 (20%). SUMMARY This project involves the installation of a new cured-in-place pipe liner in the 24-inch air jumper that crosses under the Santa Ana River and enters the Orange County Sanitation District's (Sanitation District) Reclamation Plant No. 1. The Work also includes the construction of three access ramps at separate siphon vault locations within one mile of each other. Two of the vaults are located along the Santa Ana River, and one vault is located in the Mesa Verde Golf Club. The plans and specifications for P1 Baker-Gisler Siphon Access and Air-Jumper Improvements, Project No. FE05-41, were completed in September 2010. Three sealed bids were received October 26, 2010. After evaluation of the bids by the Sanitation District Evaluation Team, 4-Con Engineering, Inc., is deemed the lowest, responsive and responsible bidder. The Sanitation District Evaluation Team recommends awarding the contract to 4-Con Engineering, Inc. Page 1 of 2 Summary information on the bid opening for P1 Baker-Gisler Siphon Access and Air- Jumper Improvements, Project No. FE05-41, is as follows: Project Budget $800,000 Construction Contract Budget (FE05-41) $360,000 Engineer's Construction Estimate $273,000 Lowest, Responsive, Responsible Bid $279,950 High Bid $474,100 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The contractor selection was conducted in accordance with the Sanitation District's adopted policies and procedures. Bidder Amount of Bid 4-Con Engineering, Inc. $279,950 Charles King, Co., Inc. $314,020 Colich & Sons, LP $474,100 CEQA A Notice of Exemption was filed for this project on August 25, 2005. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Budget Update Fiscal Year 2010-2011, Page Item 97, FE-P1) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 12/15/10 $279,950 $55,990 (20%) JH:DD:aln Page 2 of 2 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, November 17, 2010, at 5:30 p.m. in the Adminstration Building of the Orange County Sanitation District. A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: STAFF PRESENT: DIRECTORS PRESENT: Jim Ruth, General Manager Bob Ghirelli, Assistant General Manager Larry Crandall, Chair Nick Arhontes, Director of Facilities Support Troy Edgar, Vice Chair Services Phil Luebben, Administration Committee Jim Herberg, Director of Engineering Chair Ed Torres, Director of Operations & Tom Beamish, Operations Committee Maintenance Chair Lorenzo Tyner, Director of Finance Doug Davert & Administrative Services Sharon Quirk-Silva Michael Gold, Public Affairs Manager John Withers Jeff Reed, Human Resources Manager Donna N. Terrones, Clerk of the Board Juanita Skillman Ryal Wheeler DIRECTORS ABSENT: OTHERS PRESENT: Brad Hogin, General Counsel Drew Kolosky * * * * * * * * * * PUBLIC COMMENTS: 1. Drew Kolosky from Liberty Composting commented on his company's progress in the permitting process for the gasification transfer processing facility, with its expected construction start date of June of 2012. COMMITTEE CHAIR REPORT: Committee Chair Larry Crandall, did not give a report. Minutes of the Steering Committee November 17, 2010 Page 2 of 2 GENERAL MANAGER REPORT: Jim Ruth, General Manager, briefly reviewed his monthly status report and gave an update on the EnerTech agreement. ACTION ITEMS: MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 1. Approve Minutes of the October 27, 2010, Steering Committee meeting. 2. A. Approve the Five-Year Strategic Plan dated November 2010; and B. Direct staff to implement the goals and levels of service contained in the Plan. INFORMATION ITEM: 3. Public Affairs Report Michael Gold, Public Affairs Manager and Eric Sapirstein, Federal Lobbyist, gave an update on the State's Budget and future legislation. Mr. Gold announced that nomination forms for the Honor Walk are now available. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION Subdivision (a) of Section 54956.9 and 54956.9(c). The Steering Committee convened in closed session at 6:10 p.m. to discuss three matters. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54954.5(f), and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. ADJOURNMENT: The Chair declared the meeting adjourned at 6:35 p.m. Submitted by: Donna N. Terrones, Clerk of the Board 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 December 1, 2010, at 5:00 p.m. in the District's Administrative Office. A quorum was declared present, as follows: Operations Directors Present: Staff Present: Tom Beamish, Chair Jim Ruth, General Manager Sharon Quirk-Silva, Vice Chair Bob Ghirelli, Assistant General Manager Charles Antos Nick Arhontes, Director of Facilities Support Bill Dalton Services Jim Ferryman Jim Herberg, Director of Engineering Nancy Gardner Ed Torres, Director of Operations & Patsy Marshall Maintenance Roy Moore Lilia Kovac, Committee Secretary Joy Neugebauer Dean Fisher, Engineering Manager David Shawver Tod Haynes, Engineering Manager Harry Sidhu John Linder, Engineering Manager Constance Underhill Jim Burror Larry Crandall, Board Chair Jim Colston Troy Edgar, Board Vice Chair Gary Conklin Carla Dillon Operations Directors Absent: Mark Esquer Chuck Forman Norbert Gaia Vlad Kogan Victoria Pilko Juanita Skillman Rob Thompson Simon Watson Chuck Winsor Others: Brad Hogin, General Counsel James Clark Drew Kolosky Bob Ooten Minutes of the Operations Committee December 1, 2010 Page 2 of 4 PUBLIC COMMENTS: There were no public comments. REPORT OF COMMITTEE CHAIR: Committee Chair Beamish did not give a report. REPORT OF GENERAL MANAGER: General Manager, Jim Ruth, did not give a report. CONSENT CALENDAR: MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 1. Approve minutes of the October 6, 2010, Operations Committee meeting. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 2. A. Award a sole source Professional Services Consultant Agreement with MWH Americas, Inc. for an amount not to exceed $125,206 for developing a Plan of Operation for Secondary Treatment; and, B. Approve a contingency of $5,000 (4%). MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 3. Approve a twelve-month real property lease, and subterranean license agreement with an option to extend, with Brea Imperial Inc. and RV Storage Depot Brea to allow mobilization of a chemical dosing station and injection of chemicals at 1225 West Imperial Highway in Brea, for a total cost of $2,500.00 per month, in a form approved by General Counsel. Staff notified the Committee Chair Beamish, to correct a calculation error made in the report, increasing the amount from $689,008 to $691,851 and the contingency amount from $48,231 to $48,430. It was then, MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 4. Approve a Professional Consultant Services Agreement with Black & Veatch Corporation to provide construction support services for Power Monitoring and Control Systems, Job No. J-33-3, for an amount not to exceed $691,851; and, B. Approve a contingency of $48,430 (7%). Minutes of the Operations Committee December 1, 2010 Page 3 of 4 MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 5. A. Approve Amendment No. 3 to the Professional Services Agreement with M. J. Schiff & Associates, Inc., providing for additional engineering services for Interplant Gas Line Rehabilitation, Job No. J-106, for an additional amount of $104,450, increasing the total amount not to exceed $361,976; and, B. Approve a contingency of$18,099 (5%). NON-CONSENT CALENDAR: MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to: 6. A. Approve Professional Consultant Services Agreements with Black & Veatch Corporation; Brown and Caldwell; Carollo Engineers, Inc.; HDR Engineering, Inc.; and Malcolm Pirnie, Inc. to provide planning studies on a task order basis for a two-year term, with a one-year optional renewal; B. Authorize the General Manager to assign task orders throughout the contract duration in accordance with the Delegation of Authority Resolution No. OCSD 07-04; and, C. Approve exception to Resolution No. OCSD 07-04, Section 4.05, authorizing the General Manager to select any single suitable firm in the Planning Studies Program for a particular task order valued at $50,000 or less, without having to solicit proposals from multiple firms. 7. Director of Operations and Maintenance, Ed Torres, provided an update on the EnerTech negotiated terms to recover funds paid for biosolids managed by EnerTech at a lower cost than negotiated paid fees. Directors expressed concern that the Sanitation District does not hold a security in the case that EnerTech does not succeed in operating at contract levels. A substitute motion was made to direct staff to negotiate an agreement to incorporate a security to the interests of the Sanitation District: It was then, MOVED, SECONDED AND DULY CARRIED: To delay consideration of Amendment No. 2 to agreement with EnerTech Environmental California, LLC, until January 2011, incorporating terms providing for secured recovery of overcharged fees for diverted biosolids to land application. Minutes of the Operations Committee December 1, 2010 Page 4 of 4 INFORMATIONAL ITEMS: 8. Regulatory Initiatives Update Regulatory Affairs Manager, Jim Colston, provided a brief overview of the various regulations currently in force, as well as proposed legislation and its implications to the Sanitation District. DEPARTMENT HEAD REPORTS: Director of Engineering, Jim Herberg, reported that a consultant working for the EPA had conducted an unscheduled audit of the District's industrial pretreatment program. He noted an audit report would be forthcoming and the findings will be presented to the Operations Committee. Mr. Herberg also reported on the status of Santa Ana River levee repairs associated with Contract No. 5-58. Mr. Herberg then reported that an assessment report has been received on the Newport Forcemain inspection and that the deterioration of the pipeline is not as significant as reported to the July Operations Committee. Mr Herberg noted that the plastic liner had delaminated in some areas of the pipeline, but that the pipe had not experienced corrosion as severe as had been discovered on a similar pipline on Bayside Drive. Staff will follow-up with an updated report to the Operations Committee in February. Director of Facilities Support Services, Nick Arhontes, reported that a letter would be sent to the Public Works Directors reminding them to keep rain flows out of the collection system as part of the Sanitation District's planning for rainy season. CLOSED SESSION: There was no closed session. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: There were no items. ADJOURNMENT: The Chair declared the meeting adjourned at 5:57 p.m. until February 2, 2011. Submitted by: Lilia Kovac, Committee Secretary OPERATIONS COMMITTEE Meeting Date To 12/01/10 12/2/15/10 AGENDA REPORT Item Number Item Number z to Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Ed Torres, Director of Operations and Maintenance GENERAL MANAGER'S RECOMMENDATION A. Approve a sole source Professional Services Consultant Agreement with MWH Americas, Inc., for an amount not to exceed $125,206 for developing a Plan of Operation for Secondary Treatment; and B. Approve a contingency of $5,000 (4%). SUMMARY Orange County Sanitation District (OCSD) is currently constructing two new secondary treatment facilities (one at each plant) in accordance with our Ocean Discharge permit and Consent Decree requirements bringing the total number of secondary treatment facilities to five. Assuming that flow levels remain constant or continue to decline, it is evident that full operation of all five of OCSD's secondary treatment facilities will not be routinely necessary, at least until flow levels increase. The cost savings associated with not operating all secondary treatment facilities could be substantial. In 2010, MWH conducted a study to determine the staffing requirements needed to operate, maintain, and support all OCSD completed facilities at required secondary treatment standards. The development of a Plan of Operation for Secondary Treatment (POST) was a recommendation that resulted from this recent study. The POST, which is estimated to take 4 to 6 months to complete, will address which secondary treatment facilities are operated considering staffing, O&M costs, discharge permit compliance, Groundwater Replenishment System requirements and emerging issues such as greenhouse gas emissions and endocrine disrupting chemicals. Because of the significant effort involved in commissioning the two new secondary treatment facilities and the new headwork at Plant 2, O&M does not have the resources to develop the POST using existing staff. Therefore, consultant support is needed. Form No.DW-102 Revised: 11/5/10 Page 1 of 2 SUMMARY (cont'd) Staff feels that MWH is uniquely qualified to prepare the POST because through the staffing study, MWH, and specifically James Stahl and Geoffrey Carthew of MWH, gained an intimate understanding of the Sanitation District staffing requirements as well as a strong understanding of the Sanitation District's secondary treatment facilities. In addition, James Stahl, Vice President and Senior Technical Advisor for MWH will be managing development of the POST. Mr. Stahl served as the General Manager of the Los Angeles County Sanitation District (LACSD) for many years. As Mr. Stahl works on this project, he brings not only his experience as a professional engineer and consultant, but also the unique knowledge and experience gained while serving as the General Manager with LACSD. Mr. Stahl understands the technical complexities of a large and complex treatment system such as OCSD and he also understands the regulatory and other special issues related to managing a large public wastewater treatment. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION MWH has performed similar work at other large public agencies. In 2007, MWH completed a detailed study for the City of Los Angeles —Public Works Department and the Los Angeles Department of Water and Power. The study included exploring optional future uses of the Terminal Island Treatment Plant and the Advanced Wastewater Treatment Facility. The study produced a number of operation alternatives and sub-alternatives based on stakeholder input. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Dept. 800 FY 2010/11 budget, line item 53230). Form No.DW-102 Revised: 11/5/10 Page 2 of 2 OPERATIONS COMMITTEE Meeting Date To 12/01/10 12/2/15/10 AGENDA REPORT Item Number Item Number 3 li Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes, Director of Facility Support Services Project Manager: Carla Dillon, Odor & Corrosion Control Supervisor GENERAL MANAGER'S RECOMMENDATION Approve a twelve month real property lease, and subterranean license agreement with an option to extend, with Brea Imperial Inc. and RV Storage Depot Brea to allow mobilization of a chemical dosing station and injection of chemicals at 1225 West Imperial Highway in Brea for a total cost of $2,500 per month, in a form approved by General Counsel. SUMMARY Orange County Sanitation District (OCSD) currently doses chemicals in its collection facilities at six locations to control odors and corrosion as well as to reduce the level of odors at the treatment plants. Where possible, OCSD has chemical dosing stations at OCSD's pump stations; however these are not always the best practical location for reducing odors throughout the service area. Real property for this purpose has been sought in the past, but not acquired due to costs or availability of suitable site locations. A location in Brea has been identified that would allow for treatment to minimize odors in Buena Park, La Habra, La Palma, Anaheim, Stanton, Cypress, Garden Grove, and Westminster with the potential to reduce chemical treatment further downstream on the Knott sewer trunkline. The business and property owners have agreed to allow OCSD to dose chemicals for a test period of one year to determine the effectiveness. OCSD will pay a monthly rental and license fee. Staff has investigated this type of rental by other wastewater agencies and found the rates to be similar. In addition, the rental price was established based upon the cost to rent the equivalent space for recreational vehicle (RV) storage. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 of 2 ADDITIONAL INFORMATION Magnesium hydroxide, calcium nitrate, and ferrous chloride will be utilized in the trial. The criteria for successful performance will be either decreased hydrogen sulfide levels in the trunkline in the cities downstream of this dosing site, or a reduction in chemical treatment costs downstream as a result of dosing in Brea. If the testing is successful, staff would request to enter into a longer-term agreement. A test report will be produced. Staff continually optimizes the chemical dosing to ensure that the most suitable chemical is applied utilizing best practices. Since conditions change over time in the sewers, trials are periodically conducted to evaluate the most cost effective and also new methods and technologies. If the trial is not successful, OCSD will demobilize the chemical supplier's equipment and vacate the site at RV Storage Depot Brea. The monthly rental fee for the space to locate equipment is $1,750.00 and the license fee to access the site and sewer is $750.00 per month for a total of$2,500 per month. CEQA This project is exempt under CEQA Section 15306. The project consists of basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. This is strictly for information gathering purposes leading to a future action which a public agency has not yet approved, adopted, or funded. BUDGET / DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted in line items 58, 60, and 61. Funds will be transferred from these line items to line item 130 for this purpose. Project contingency funds will not be used for this. ATTACHMENT Real Property Lease and Subterranean License Agreement http://sharepoint/gm/board/Agenda Report Form Library/Agenda Report for Brea RV(DILLON) 11-16-10.doc Page 2 of 2 REAL PROPERTY LEASE AND SUBTERRANEAN LICENSE AGREEMENT THIS AGREEMENT is made and entered into as of_ , 2010 ("Effective Date") between BREA IMPERIAL INC. ("OWNER"), RV STORAGE DEPOT BREA ("RVSDB"), and ORANGE COUNTY SANITATION DISTRICT ("OCSD"). OWNER, RVSDB and OCSD are individually or collectively referred to herein as the "Party" or the "Parties." This Agreement is made with reference to the following facts: A. OWNER is the fee interest owner of real property located at 1225 West Imperial Highway, in the City of Brea, State of California 92821, commonly known as "Brea RV Storage" ("Property"), which includes a private sewer line below the surface of the Property ("Sewer Line"); and B. RVSDB manages and operates a self-service storage business on the Property; and C. OCSD is responsible for safely collecting, treating and disposing of wastewater generated by more than 2.5 million people living and working within the County of Orange, State of California; and D. As of the date of this Agreement, OCSD has informed OWNER and RVSDB that it intends to conduct a demonstration study to evaluate the effectiveness of utilizing the following technologies (chemicals): magnesium hydroxide, ferrous chloride, and calcium nitrate as applied to wastewater. OCSD has identified a manhole on the south west end of the storage facility yard at the Property as an ideal location for this study (the "Demonstration Study"); and D. OWNER and RVSDB intends to assist OCSD in carrying out the Demonstration Study to the extent of providing land on which OCSD may conduct its activities in connection with the Demonstration Study, to access the Sewer Line beneath the Property through said manhole, and to install conduit through said manhole and Sewer Line through which OCSD intends to transport the above-mentioned chemicals beneath the Property. NOW, THEREFORE, in consideration of the mutual obligations, representations, and promises contained in this License Agreement,the Parties hereby agree as follows: 1. Lease of Land. OWNER and RVSDB hereby leases to OCSD, and OCSD hereby leases from OWNER and RVSDB, the portion of the Property set forth in the site layout in Exhibit "A", attached hereto and incorporated herein, and upon the terms, conditions, promises and provisions stated herein (hereinafter the "Leased Premises"). OWNER and RVSDB also grants to OCSD the right of ingress to, and egress from, the Leased Premises over existing and established traffic routes on the Property even though such areas o£,ingress andl egress are not leased to OCSD hereunder. nr2D 2. Grant of License. OWNER and RVSDB hereby grants OCSD, and OCSD hereby accepts from OWNER and RVSDB a temporary License, for tliew,pbrrpgsefjof Leo> ducting the Demonstration Study, to access the Sewer Line beneath the Property through said manhole, to install tubing through said manhole and Sewer Line, and to transplrough such conduit the 062910BRV1 1 736655.1 above-mentioned chemicals beneath the Property. 3. Scope of Demonstration Study. Such Demonstration Study will consist of no more than two storage tanks above ground, and a conduit that will run through the subterranean Sewer Lines beneath the land of the Property, through which conduit OCSD will transport the following technologies (chemicals): magnesium hydroxide, ferrous chloride, and calcium nitrate for delivery within OCSD's lines downstream of the Property. OCSD represents that that the Sewer Lines beneath the Property will be used only as the transportation conduit beneath the Property, that the conduit will be completely enclosed, and that no hydrogen peroxide will be allowed to escape such conduit into the Sewer Lines beneath the Property. 4. Cooperation. OWNER and RVSDB will cooperate with OCSD to provide access to areas of the Property as may be reasonably necessary to allow OCSD to conduct the Demonstration Study, so long as the same does not interfere with OWNER or RVSDB's operations or interfere with, or cause inconvenience to, OWNER or RVSDB's customers. 5. Term. This Agreement shall expire twelve months from the Effective Date or December 31, 2011, whichever is later, unless extended, in writing, by the Parties. 6. OCSD Promise To Pay — Utilities. RVSDB will bill OCSD for electricity and water under the applicable Tariff, quarterly or annually. OCSD agrees to reimburse RVSDB for the actual costs of water, electricity, and other utility services, if any, as used by OCSD. OCSD's proposed deviation requires the rates and charges billed to OCSD must not exceed those that would apply if OCSD were purchasing such utilities directly from SCE and the City of Brea. OCSD shall pay such charges to RVSDB within 30 days of OCSD's receipt thereof. 7. OCSD Promise To Pay — Rent. RVSDB will bill OCSD on a monthly basis for monthly rent in the sum of $1,750.00 (one thousand fifty dollars) for each monthly period, commencing on the Effective Date, and OCSD shall pay said rent within 30 days of OCSD's receipt thereof. 8. OCSD Promise To Pay—License. RVSDB will bill OCSD on a monthly basis for the License Fee in the sum of $750.00 (seven hundred fifty dollars) for each monthly period, commencing on the Effective Date, and OCSD shall pay said License Fee within 30 days of OCSD's receipt thereof, together with the Rent, as stated herein above. 9. Machinery & Equipment. OWNER and RVSDB understands and thereby authorizes OCSD (or its authorized subcontractors or representatives, as may be necessary to conduct the Demonstration Study) to bring onto the Leased Premises such equipment and/or machinery as may be reasonably necessary to conduct the Demonstration Study, so long as such activity is consistent with the terms and conditions stated herein and does not interfere with OWNER or RVSDB's operations and does not interfere with, or cause inconvenience to, OWNER or RVSDB's customers. 10. Unreasonable Interference; Prior Notice. In conducting the Demonstration Study, OCSD shall not interfere with OWNER or RVSDB's operations. OCSD shall give RVSDB no less than three (3) business days' notice prior to initiating the Demonstration Study. OCSD personnel authorized to have access to the Property under this Agreement shall include OCSD 062910BRV1 2 736655.1 staff and OCSD's primary contractor, if any, upon presentation of proper identification and written authorization from OCSD to RVSDB personnel. OWNER, RVSDB and their employees and agents shall not interfere with, or obstruct, the Demonstration Study or such entry by authorized OCSD personnel or agents, and OWNER and RVSDB shall not cause, or permit others to cause, any such interference or obstruction. 11. Restoring Condition of Property. OCSD agrees: (1) to minimize, to the extent practicable, interference with the activities of OWNER or RVSDB's employees, guests, customers, tenants, occupants and invitees on, and ingress to, and egress from, the Leased Premises; (2) to maintain its machinery and/or equipment, hazards and other materials in an orderly manner while they are located on the Leased Premises; and (3) immediately, upon completion of the Demonstration Study or earlier termination of this Agreement, to remove from the Leased Premises and the Property all debris, trash, machinery, equipment and other materials and items used by OCSD or caused by it to be on the Leased Premises or on the Property. Additionally, OCSD agrees that at the completion of each day OCSD utilizes the Leased Premises, it shall restore the Leased Premises and the Property to as close to the same condition as it existed at the commencement of that day, to the maximum extent possible. Upon completion of the Demonstration Study, at its sole cost OCSD shall restore the Leased Premises and the Property to as close to the same condition as before OCSD's first access to the Property and/or the Leased Premises and before the commencement of the Demonstration Study, to the maximum extent possible, to the reasonable satisfaction of OWNER or RVSDB. At its sole cost, OCSD shall be responsible for the proper lawful disposal of all chemicals, compounds, and other products and materials it brings onto, or causes to be on, the Leased Premises or the Property. Enclosed hereto and incorporated herein as Exhibit "B" is a closed circuit of the Sewer Line evidencing the condition of the Sewer Line prior to OCSD's use thereof. 12. OCSD's Acceptance As-Is, Release. In entering onto the Leased Premises and the Property, OCSD accepts the Leased Premises and the Property in the condition as it now exists and as may hereafter exist, from time to time, during the term of this Agreement, and without any representation or warranties by OWNER or RVSDB as to the condition thereof, and without any duty of OWNER or RVSDB to warn of any conditions thereon or thereunder. Accordingly, OCSD represents that it has inspected the Leased Premises, the Property in general, and the subterranean area beneath the Leased Premises and beneath the Property which may be involved in OCSD's Demonstration Study, or activities related thereto, and agrees to assume all risks associated with its entry onto the Property and the Leased Premises, its subterranean activities, and its presence on the Leased Premises and the Property in general, and its invasion of the subterranean areas beneath the Leased Premises and beneath the Property, and hereby fully, and generally, releases OWNER and RVSDB from any and all legal liability as might, but for this release, legally arise from the condition of the Leased Premises, the Property in general, or the subterranean areas beneath the Leased Premises or beneath the Property. 13. Preparatory Activities. At its sole cost, OCSD agrees to assume full responsibility for determining the presence, or absence, of subterranean utilities, structures and improvements, prior to conducting subterranean work at the Leased Premises, and to perform all other relevant preparatory work as it deems necessary to conduct the Demonstration Study. OCSD also agrees to provide appropriate notification to, and to obtain all required permits from, all applicable regulatory authorities including, without limitation intended, the City of Costa Mesa for the performance of the Demonstration Study, including, but not limited to, building permits, 062910BRV1 3 736655.1 engineering permits and fire prevention permits prior to commencing any activities at, and prior to bringing materials or chemicals onto, the Leased Premises and the Property. 14. No Nuisance. OCSD agrees that it will not maintain any public or private nuisance on the Leased Premises or the Property, and will not allow any odors, smoke, noise or objectionable elements to unreasonably affect OWNER or RVSDB's employees, agents, customers, visitors, or neighboring real property occupants or visitors. 15. Indemnity. OCSD hereby agrees to indemnify, defend, save and hold OWNER and RVSDB, and its owners, partners, agents, officers, members, employees, representatives, and affiliates harmless from, and against, all losses, costs, expenses, claims, causes of action, and damages suffered or incurred by any of them, whether claimed to have been caused by OWNER and RVSDB's approval of this Agreement, or by any of the activities of OCSD, or any of its contractors, subcontractors, employees, agents and representatives on the Leased Premises and/or on the Property . 16. Safety and Site Condition. OCSD shall conduct its operations in a safe manner in compliance with all laws, including, but not limited to, environmental laws, and shall cooperate in maintaining the site in a safe, clean and orderly condition. 17. Sole Cost of OCSD. OCSD agrees that any and all work performed at, and activities conducted by OCSD near, beneath or related to the Leased Premises and/or the Property shall be at the sole cost and expense of OCSD. OCSD agrees to keep the Property free and clear of all liens by paying off all subcontractors before any debt to same becomes a matter of a lien of record against the Property. 18. Insurance. During the term of this and at all times during which access is available to OCSD, OCSD shall require all contractors or subcontractors, and their employees and agents, to maintain insurance with the following minimum coverage: (i) Workers Compensation with California minimum statutory limits; (ii) Automobile Liability with$1,000,000 single limit, or equivalent; and, (iii) Commercial General Liability, with$2,000,000 single limit, or equivalent During and throughout the effective term of this Agreement, OCSD shall attempt to continuously provide RVSDB with a Certificate of Insurance reflecting that Owner and RVSDB is named as an "Additional Insured" on each contractor's and each subcontractor's Commercial General Liability, or similar, liability insurance policy. 19. Limited Access. OCSD agrees that entry upon the Leased Premises and the Property shall be limited to the extent necessary, or desirable, for the performance of the Demonstration Study and/or for the purposes expressed in this Agreement. 20. Temporary License. This License granted herein is intended by the parties, and shall be construed, as a temporary license to conduct the Demonstration Study upon, and beneath, the Leased Premises on the Property, and not as a grant of an easement or of any other legal or equitable interest in, or to, the Leased Premises or the Property. Except as expressly set forth herein, no other rights are created in OCSD by this Agreement. 062910BRV1 4 736655.1 21. Attorneys' Fees. If it becomes necessary for any Party to engage the services of legal counsel to institute any civil action to enforce or confirm, or to defend against, or to interpret or construe, any of provision(s) of this Agreement, the prevailing Party shall be entitled to recover from the other Party or Parties therein all of such Party's attorneys' fees, expert witness fees, other expenses and court costs as the prevailing party actually incurs in connection therewith. 22. Binding on Successors. This Agreement shall be binding upon the Parties to this Agreement, and upon their respective successors, representatives,heirs and assignees. 23. No Waiver. It is further understood and agreed that no failure or delay in exercising any right,power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other, or further, exercise thereof, or the exercise of any right, power or privilege hereunder. A waiver of any right by any one of the Parties hereunder must be in writing, and signed by the Parry granting the waiver. 24. Assignability. OCSD shall not assign, or otherwise transfer, or attempt to transfer, to any other person or entity, any of its rights herein stated, and shall not transfer, or attempt to transfer, to any other person or entity, any of the duties or obligations herein stated, without the prior written consent of OWNER or RVSDB, which may be given or withheld in OWNER or RVSDB's sole and absolute discretion, and any other attempt to do so shall be void and of no legal force or effect. 25. Choice of Law. The terms of this Agreement shall be interpreted and construed according to the laws, regulations and ordinances of the United States of America, the State of California, the County of Orange, and the City of Brea, as they may apply, from time to time. 26. Further Acts. For the duration of this Agreement, each Party shall, whenever requested to do so by the other Party or Parties, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, any and all such further instruments and documents, and do any and all other acts as may be reasonably necessary to accomplish the purpose and intent of this Agreement. 27. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties pertaining to the subject matter addressed herein, and supersedes all prior, or contemporaneous, agreements and understandings, both written and oral, pertaining to such subject matter 28. Interpretation. This Agreement will be interpreted according to the fair meaning of its terms and not strictly for, or against, any Party hereto. 29. Modification. The provisions of this Agreement may only be amended or modified by a written agreement executed by both Parties. Each person executing this Agreement hereby warrants that he/she has legal authority to bind the Parry for whom he/she so executes this Agreement. 30. Severability. If any provision of this Agreement is held by any court of law or equity having proper jurisdiction over the matter to be void, invalid or unenforceable for any 062910BRV1 5 736655.1 reason, the remaining provisions of such provision and the remaining provisions of this Agreement overall shall continue in full force and effect without being impaired or invalidated in any way. 31. Notice. All notices or other documents (collectively "notices") given hereunder shall be in writing and shall be addressed to the recipient and sent by personal delivery or by overnight delivery service, such as by United States certified mail, postage prepaid, Federal Express, United Parcel, or the like. Unless and until otherwise notified, the address of each of the Parties for the giving of Notices shall be as follows: If to OWNER: John Saunders, President BREA IMPERIAL INC. C/o RV Storage Depot 1711 Pomona Avenue Costa Mesa, Ca 92627 If to RVSDB: Scott. Ramser, Manager 1711 Pomona Avenue Costa Mesa, Ca 92627 If to OCSD: Brian Reed, Orange County Sanitation District Facility Support Services 10844 Ellis Avenue Fountain Valley, CA 92708 With Copy to: Carla Dillon, Engineering Supervisor Orange County Sanitation District Facility Support Services Collection Facilities Division 10844 Ellis Avenue Fountain Valley, CA 92708 062910BRV1 6 736655.1 IN WITNESS WHEROF, the parties have executed this Agreement on the date set forth below their respective signatures. ORANGE COUNTY SANITATION DISTRICT Dated: APPROVED AS TO FO By: By- Larry R. Crandall Bradley R. Hogin Chair, Board of Directors General Counsel ATTEST: By: Donna N. Terrones Clerk of the Board BREA IMPERIAL INC Dated: By: John Saunders Its: President RVSDB Dated: By: Scott Ramser Its: Manager 062910BRV1 7 736655.1 EXHIBIT A ORANGE COUNTY FIRE AUTHORITY Hazardous Materials Inventory Reporting Form—Business Owner/Operator Identification Page •11Irxxc tylw to wml)cpitdv III black nil:. •'flux Ion.nury he mptcuiaced or dawn loaded mn mir w:hxac at ww'w•uciu.rig •Prn lit'Ity-line utstitmirnts.ruler 4t il:c Nrrcn adored pages •l-nr usxrRtan.r nrnLtt W:1ASCIQitirc(Xki•ai 1714.)57.4.52i() A B I C I D I E I F I G H I J I K L M N 1 � BILL BROS. SYSTEM 2 2 Ii CONTROL ", �hIXER 3 3 I I i I r ELECTRICAL PANEL 26' Z 4 DOSE POINT o 4 EXISTING EYE WASWATER SOURCE BUILDING S'IATI (INDOOR) co 5 _.,i '-- FIRE RISER z 5 m RS i -• ELEC. x N W 6 6 R5; i 3t4"PVC DOSE LINE 7 1 4. LLO TA KS� 7 1 8 EXISTING t� 8 BUILDING 9 \ 9 ter EXISTING FENCE 10 10 11 12 \ 12 13 EXISTING RV STORAGE 13 14 14 15 15 16 16 17 (Building Front) 17 A B C D E F I G I H I I J K I L M N BUSINESS NAME DATE 8/4/10 RV Storage Depot ADDRESS CITY ZIP 1225 W. Imperial Hwy Brea, CA 92821 Site,nap# 1 (page munbet you assign is lobe entered nu chemical inventory sheet) Revised 7105 Page 7 EXHIBIT "B" SITE ACCESS AND LICENSE AGREEMENT November 5, 2010 ROTO- Attention: Brian Reed ROOTER. PLUMBING & OCSD- (Brea RV Storage) DRAIN SERVICE 1225 W. Imperial Highway Brea, Ca. 92821 California contractors license#290688 Ref# an87704-roto-rooter Roto-Rooter provided a video inspection at the above named property for OCSD with details of the condition of an underground sewer pipe as described in the specifications below. Specifications and Pricing Revised Price for Description of Service Frequenc additional this job y cost 1. A video inspection was performed, Ref# Camera $380.00 $380.00 an87704 at the above location. The purpose inspecti was to assess the condition of a 4" clay pipe on beneath ground which the customer would like to make some modifications including but not limited to: adding an above ground cleanout and trenching a 15 foot area to allow for some additional smaller pipe to be laid in place. 2. the 4' clay pipe was found to be in good condition and would allow for the necessary additions including the cleanout to be added without any distruption of the original purpose of the line. 3. There is to follow a proposal from Roto- rooter detailing the scope of work and any parts labor and cost associated with this service. , Stephen Millar Business development Roto-Rooter Sept. 15` 2010 OPERATIONS COMMITTEE Meeting Date To 12/01/10 12/2/15/10 AGENDA REPORT Item Number Item Number 4 12 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Wendy Sevenandt GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Black & Veatch Corporation to provide construction support services for Power Monitoring and Control Systems, Job No. J-33-3, for an amount not to exceed $689,008; and B. Approve a contingency of $48,231 (7%). SUMMARY Power Monitoring and Control Systems, Job No. J-33-3, installs electrical monitoring and control equipment and a fiber network at Plant No. 1. These systems will protect the plant from power outage problems and will reduce recovery time when problems do occur. The system will monitor and control the electrical distribution systems to better utilize our generation capacity during Southern California Edison power outages which will reduce the potential for wastewater permit violations and spills. The system will also provide increased safety to electrical maintenance staff by allowing operation of medium voltage and low voltage circuit breakers from a remote location. Black & Veatch Corporation has satisfactorily furnished engineering services for the design and is in the best position to provide support services during construction, commissioning, and closeout phases of this project. PRIOR COMMITTEE/BOARD ACTIONS June 2009 — Authorized staff to enter into negotiations with Black & Veatch for construction support services for Power Monitoring and Control Systems, Job No. J-33-3. February 2007 — Approved a Professional Design Services Agreement with Black & Veatch to provide engineering services for Power Monitoring and Control Systems, Job No. J-33-3. Page 1 of 3 ADDITIONAL INFORMATION The Scope of Services during construction includes the review of submittals, responses to Requests for Information, preparation of change orders, assistance with development of IP addressing scheme and assigning IP addresses, development of commissioning procedures, input of data to the Electrical and Instrumentation Database (EID), creation of the Operation Manual and Procedures, assistance with the startup and commissioning, updates to the drawing backgrounds, record drawing preparation, and project management. The fees in the amount of $689,008 for the construction, commissioning, and close out phases for the consultant services equates to 15% of the estimated construction cost of $4,600,000. This percentage runs higher than most projects for a number of reasons: • The construction duration will be over three years. This is a low construction dollar project with a long duration. The long construction is due to having to sequence outages to accomplish the work through all the electrical busses for all the power buildings in Plant 1. • This project is an information technology and electrical work project. There is not a large construction value for excavation, concrete, heavy construction, materials, and equipment that is typical in most projects. This project is predominately labor to pull and terminate wire and fiber optics. • The contractor typically prepares commissioning procedures. The consultant will be preparing commissioning procedures for this project, so this cost is in the consultant's fee rather than the construction cost. • The contractor typically inputs data into the EID. The consultant will be inputting the data for the EID for this project. • The consultant will be developing an IP addressing scheme and assigning the IP addresses for the network communications component of this project. This task is not typical for construction phase work. • Project complexity also adds to the estimated need for consultant services. This type of project has not been completed by the Sanitation District before which could add to the involvement of the consultant in responding to inquiries by the contractor. Construction was recently completed for the Headworks Rehabilitation/Refurbishment, Job No. P1-71, which was predominately an electrical project with no heavy construction, but a complex sequencing plan to replace variable frequency drives one outage at a time. The consultant fees for construction, commissioning and close out Page 2 of 3 ADDITIONAL INFORMATION (cont'd) phase of this project were 14% of construction cost. The consultant services are running just under this budget for a very successful project. There were no amendments to this agreement and the contingency was not used. With Job No. P1-71 in mind, the value of 15% of the estimated construction cost for Job No. J-33-3 is reasonable due to additional tasks, longer duration, and complexity. The Consultant selection was conducted in accordance with the Orange County Sanitation District's adopted policies and procedures. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Line item: Section 8, Page 88), and the budget is sufficient for the recommended action. Project contingency funds will be used for this agreement. Date of Approval Contract Amount Contingency 12/15/10 $689,008 $48,231 (7%) WS:el:gc Page 3 of 3 REVISED OPERATIONS COMMITTEE Meeting Date To 12/01/10 12/2/15/10 AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Wendy Sevenandt GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Black & Veatch Corporation to provide construction support services for Power Monitoring and Control Systems, Job No. J-33-3, for an amount not to exceed $691,851; and B. Approve a contingency of $ $48,430 (7%). SUMMARY Power Monitoring and Control Systems, Job No. J-33-3, installs electrical monitoring and control equipment and a fiber network at Plant No. 1. These systems will protect the plant from power outage problems and will reduce recovery time when problems do occur. The system will monitor and control the electrical distribution systems to better utilize our generation capacity during Southern California Edison power outages which will reduce the potential for wastewater permit violations and spills. The system will also provide increased safety to electrical maintenance staff by allowing operation of medium voltage and low voltage circuit breakers from a remote location. Black & Veatch Corporation has satisfactorily furnished engineering services for the design and is in the best position to provide support services during construction, commissioning, and closeout phases of this project. PRIOR COMMITTEE/BOARD ACTIONS June 2009 — Authorized staff to enter into negotiations with Black & Veatch for construction support services for Power Monitoring and Control Systems, Job No. J-33-3. February 2007 — Approved a Professional Design Services Agreement with Black & Veatch to provide engineering services for Power Monitoring and Control Systems, Job No. J-33-3. Page 1 of 3 REVISED ADDITIONAL INFORMATION The Scope of Services during construction includes the review of submittals, responses to Requests for Information, preparation of change orders, assistance with development of IP addressing scheme and assigning IP addresses, development of commissioning procedures, input of data to the Electrical and Instrumentation Database (EID), creation of the Operation Manual and Procedures, assistance with the startup and commissioning, updates to the drawing backgrounds, record drawing preparation, and project management. The fees in the amount of $689,008 for the construction, commissioning, and close out phases for the consultant services equates to 15% of the estimated construction cost of $4,600,000. This percentage runs higher than most projects for a number of reasons: • The construction duration will be over three years. This is a low construction dollar project with a long duration. The long construction is due to having to sequence outages to accomplish the work through all the electrical busses for all the power buildings in Plant 1. • This project is an information technology and electrical work project. There is not a large construction value for excavation, concrete, heavy construction, materials, and equipment that is typical in most projects. This project is predominately labor to pull and terminate wire and fiber optics. • The contractor typically prepares commissioning procedures. The consultant will be preparing commissioning procedures for this project, so this cost is in the consultant's fee rather than the construction cost. • The contractor typically inputs data into the EID. The consultant will be inputting the data for the EID for this project. • The consultant will be developing an IP addressing scheme and assigning the IP addresses for the network communications component of this project. This task is not typical for construction phase work. • Project complexity also adds to the estimated need for consultant services. This type of project has not been completed by the Sanitation District before which could add to the involvement of the consultant in responding to inquiries by the contractor. Construction was recently completed for the Headworks Rehabilitation/Refurbishment, Job No. P1-71, which was predominately an electrical project with no heavy construction, but a complex sequencing plan to replace variable frequency drives one outage at a time. The consultant fees for construction, commissioning and close out Page 2 of 3 REVISED ADDITIONAL INFORMATION (cont'd) phase of this project were 14% of construction cost. The consultant services are running just under this budget for a very successful project. There were no amendments to this agreement and the contingency was not used. With Job No. P1-71 in mind, the value of 15% of the estimated construction cost for Job No. J-33-3 is reasonable due to additional tasks, longer duration, and complexity. The Consultant selection was conducted in accordance with the Orange County Sanitation District's adopted policies and procedures. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Line item: Section 8, Page 88), and the budget is sufficient for the recommended action. Project contingency funds will be used for this agreement. Date of Approval Contract Amount Continaencv 12/15/10 $689,008 $48,231 (7%) WS:el:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To 12/01/10 12/2/15/10 AGENDA REPORT Item Number Item Number 5 13 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: James D. Herberg, Director of Engineering CIP Project Manager: Martin Dix GENERAL MANAGER'S RECOMMENDATION A. Approve Amendment No. 3 to the Professional Services Agreement with M. J. Schiff & Associates, Inc., providing for additional engineering services for Interplant Gas Line Rehabilitation, Job No. J-106, for an additional amount of $104,450, increasing the total amount not to exceed $361 ,976; and B. Approve a contingency of $18,099 (5%). SUMMARY The purpose of this project is to rehabilitate the interplant gas pipeline that transfers digester gas between the two plants allowing for optimal use of digester gas for power production. The interplant pipeline suffered corrosion related failures and emergency repairs were made in 2003. The pipe was eventually deemed noncompliant by governing jurisdictions and removed from service in 2006. Staff began the rehabilitation design of the pipe in 2005. The project was put on hold in 2006, and restarted in 2009. Amendment No. 3 is necessary to complete the rehabilitation design and includes the addition of revised piping details, permitting efforts, and additional design review. PRIOR COMMITTEE/BOARD ACTIONS February 2010 — Authorized staff to enter into negotiations with M. J. Schiff & Associates, Inc. for construction support services and approved a budget increase of $751 ,734 for a total budget of$4,503,734. December 2006 — Approved Amendment No. 2 to PSA with M. J. Schiff & Associates. The General Manager approved this no cost amendment. February 2006 — Approved Amendment No. 1 to PSA with M. J. Schiff & Associates and a budget increase of $119,147, for a total budget of$257,526. May 2005 —Approved Professional Services Agreement with M. J. Schiff & Associates. Page 1 of 2 ADDITIONAL INFORMATION The removal of all buried metal in the pipeline is the key change to the design. Buried metal will corrode over time if not properly protected and maintained. Removing buried metal and installing a completely non-metallic plastic pipeline eliminates some of the more costly maintenance and internal inspection requirements like cathodic protection and "Smart Pigging." Besides the elimination of buried metal, the amended scope also includes the following additional services: grouting of the host pipeline and casing crossings at Adams Avenue and Hamilton Avenue to insure leaking gas cannot accumulate and concentrate in the host pipeline annulus; adding ports at Plant 1 and Plant 2 to facilitate purging of the pipeline if a gas leak is detected; adding flanged spools to facilitate the future installation of automatic shut-off valves; expansion of the commissioning specification to include gas leak detection survey, to improve safety and comply with federal guidelines; constructability and safety review; site visits and replacement of buried gas warning signs; meetings with cities and jurisdictional agencies to discuss project, provide notification, and gather any work restrictions that may be imposed during construction. The above tasks may be grouped as design changes ($39,500), design submittals ($40,000) and permitting ($24,900). The recently introduced federal legislation, proposed after the San Bruno explosion, removes the "gathering" line exemption so there will no longer be two pipeline classifications. By removing the less strict "gathering" classification, the Sanitation District's interplant gas pipeline must comply with tougher transmission restrictions necessitating most of the changes listed above. CEQA This project rehabilitates existing facilities and is categorically exempt. A Notice of Exemption was filed on January 19, 2006. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (FY 2010-12 Budget: Section 8, Page 65) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 5/25/05 (Orig. PDSA) $138,379 $0 2/22/06 (Amend. No. 1) $257,526 $0 1/24/07 (Amend. No. 2) $257,526 $0 12/15/10 (Amend. No. 3) $361,976 $18,099 (5%) JH:MD:el:gc Page 2 of 2 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 12/01/10 12/15/10 AGENDA REPORT Item Number Item Number 6 14 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Gary Conklin, Senior Engineer GENERAL MANAGER'S RECOMMENDATION A. Approve Professional Consultant Services Agreements with Black & Veatch Corporation; Brown and Caldwell; Carollo Engineers, Inc.; HDR Engineering, Inc.; and Malcolm Pirnie, Inc. to provide planning studies on a task order basis for a two- year term with a one-year optional renewal; B. Authorize the General Manager to assign task orders throughout the contract duration in accordance with the Delegation of Authority Resolution No. OCSD 07-04; and C. Approve exception to Resolution No. OCSD 07-04, Section 4.05, authorizing the General Manager to select any single suitable firm in the Planning Studies Program for a particular task order valued at $50,000 or less, without having to solicit proposals from multiple firms. SUMMARY Staff is requesting the Board of Directors (Board) to award contracts to five engineering consulting firms to perform engineering planning studies on a task order basis. This approach will reduce staff costs and consultant fees, and will accelerate project schedules. Task orders will be assigned throughout the contract duration, and will be subject to approval through the Orange County Sanitation District (OCSD) Delegation of Authority (DOA), Resolution No. OCSD 07-04, with an exception for studies under $50,000, where the General Manager may select any single suitable firm. Task orders that cost $50,000 to $100,000 will be subject to approval by the General Manager. Task orders from $100,000 to $200,000 will require approval by the Operations Committee. Approval by the Board of Directors will be required for studies over $200,000. The term of the agreements shall be for two years with an optional third year at the discretion of the Purchasing Manager as described in the DOA under Section 4.08. Staff anticipates awarding up to $2 million in studies each year that will resolve issues identified in the 2009 OCSD Facilities Master Plan and other similar planning issues. These studies have been budgeted in the December 2009 OCSD Facilities Master Plan Page 1 of 5 SUMMARY (cont'd) or are included in approved Divisional budgets under consulting services. The Planning Studies Program (Program) will clarify a number of highly complex planning issues which are critical to the future CIP, and require the diverse technical expertise that the selected firms provide. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Program Overview The 2009 OCSD Facilities Master Plan identified over 30 planning issues that are critical to the CIP program. The Program was developed to execute the studies that will resolve these issues and other ongoing planning issues. The issues are highly complex and require the diverse technical expertise that the selected firms have to offer. They involve the diagnosis of problems and decisions on which future efforts will be based. Program Approach Staff is recommending a task order approach that is used by similar agencies. Although the DOA addresses the task order type of contract only within the context of Facilities Engineering Projects, the DOA does provide the Board authority pursuant to Section 4.08 of the DOA to exercise its discretion, when it appears in the best interest of OCSD, to deviate from particular prescribed procedures in the negotiation and award of contracts for services. For the purposes of the Program, implementation of this task- order type of contract provides a number of benefits to OCSD, including cost and time savings. The consultants have been prequalified by a competitive process as described below, which results in a short list of eligible firms. The terms (except for rates) and duration of all the contracts are identical for each firm. Approval for the individual task orders will generally follow the procedures and policies described in the DOA. Task orders for specific studies will be issued to prequalified consultants on the list. Rotation and budget thresholds will be established to manage this list and to ensure fair and transparent access to upcoming opportunities for prequalified consultants. This approach allows multiple projects to be performed under a single agreement rather than having to issue individual solicitations. It results in administrative overhead savings of 40 to 80 staff hours per project. This approach reduces project schedules by six months and enables staff to focus on technical issues. In addition, consultants will benefit from reduced costs related to solicitation(s) participation and management, which improves competitive pricing of their proposals. Page 2 of 5 ADDITIONAL INFORMATION (cont'd) The Program provides for fair and balanced competition between the firms, and pre- negotiates staff assignments and labor rates, to insure that OCSD gets the best value. RFP Selection Process A Request for Proposal (RFP) was sent to seven nationally recognized engineering firms who were satisfactorily performing similar services at OCSD. Each firm provided a proposal. The proposals were evaluated by a team of five staff members. Based on the initial evaluation, two firms were eliminated and interviews were arranged for the remaining five firms. Following the interviews, the firms were evaluated according to the following criteria: • Qualifications of firm (20%) • Qualifications of Staff (40%) • Interviews (20%) • Price (20%) Based on the evaluation, staff recommends awarding contracts to the following firms: Black & Veatch Corporation Brown and Caldwell Carollo Engineers, Inc. HDR Engineering, Inc. Malcolm Pirnie Program Administration and Task Order Management Process Individual task orders will be assigned throughout the duration of this contract. Board approval will be required for each task order through the DOA, with an exception for Category I tasks, as explained below. The method of assigning tasks varies with the estimated task amount, as explained below. Staff will evaluate scope modifications as needed. For all categories, selection will be according to best value to OCSD. Page 3 of 5 ADDITIONAL INFORMATION (cont'd) Task Order Assignment Method Category Task Cost Process 1 <$50,000 Negotiate with one firm at time. Annual limit of $150,000 per firm, for projects in this category. II Over $50,000 to 200,000 3 proposals, by rotation. III Over $200,000 to 700,000 Request proposals from all firms in the program. Minimum of 3 proposals IV Over $700,000 Traditional RFP process, outside the program. CATEGORY I (SMALL TASKS) Tasks in this category involve an exception to the DOA. The DOA dictates that procurements for amounts less than $50,000 and over $5,000 provide at least three bids, except for sole source agreements. Section 4.08 of the DOA, however, provides that the Board of Directors may, when it appears in the best interests of OCSD, authorize the Staff to negotiate and award a contract for services, including Professional Service Consultants, without observing the procedures prescribed. In this instance, under Category I, it is in OCSD's best interest, based on cost and time savings, to allow the General Manager, without having to obtain at least three bids, to select any single firm in the Program for a particular task order based on the General Manager's determination of the firm's suitability and qualification for the task order. The amount of work in this category that can be assigned to any one firm is subject to an annual limit. CATEGORY 11 (MEDIUM TASKS) Task order proposals will be requested from three firms based on rotation. The initial list will be determined according the initial ranking. The RFP will be sent to the first three firms on the list. The successful firm will move to the end of the list, and the list will be adjusted accordingly. The next task order RFP will be sent to the top three firms on the list. If a firm declines to submit a proposal when requested, that firm will move to the end of the list, and the proposal will be sent to the next firm on the list. The Project Manager will attempt to obtain three bids for every proposal in this category. CATEGORY III (LARGE TASKS) Task order proposals in this category will be sent to all firms in the program. The Project Manager will attempt to obtain three bids for every proposal in this category. Page 4 of 5 ADDITIONAL INFORMATION (cont'd) CATEGORY IV (TASKS OUTSIDE THE CONTRACT) Projects in this category will not be included in these contracts without special approval of the Board. These projects will be procured according to a standard RFP procedure, and could include firms which are not in this program. CEQA The project is Statutorily Exempt and will only involve feasibility studies for possible future actions, which the agency has not approved, adopted, or funded, and will not have a legally binding effect on later activities. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This action does not impact the Budget. The anticipated task order costs either have individual project budgets or are identified within a Divisional budget under consulting services. This authorization complies with authority levels of the OCSD's Delegation of Authority, with the exception requested for approval to extend the General Manager's authority for studies up to $50,000 to select any single suitable firm in the Program for a particular task. Date of Approval Contract Amount Contingency N/A N/A N/A ATTACHMENT Project List GC:sa:gc:sa Page 5 of 5 Planning Studies Program Project List ID# Project Name Description P2 Criticality Table Update Update the P2 Criticality Tables. PB-3A Standby Evaluate and resolve potential PB-3A standby power P1-111 Power Capacity deficiency. SP-132 Fuel Cell Feasibility Evaluate the feasibility of installing fuel cells. Evaluate EPSA motors need for cooling water, SP-154 EPSA Cooling Water consider emergency override. P1 Primary Treatment Area Condition assessment of the P1 Primary Treatment SP-137 Rehabilitation Study facilities. Digester Gas Facilities Condition Assessment of the P1/P2 Digester Gas SP-141 Assessment Facilities (compressor, flares, gas holder). Roof Condition Assessment and SP-142 Rehabilitation Study Facility-wide Roof Condition Assessment. P2, 54-inch Primary Effluent BFV Use Valve cleaning, inspection, and/or a study to SP-144 Study evaluate needs and alternatives. Facility Assets Condition assessment of civil and structural SP-145 Assessment components in process areas. Utility Water Update base maps, hydraulic model, evaluate code SP-146 Systems Study compliance. Administrative Facilities Master Condition Assessment, code compliance evaluation, SP-147 Plan space planning study. Plant Air System Evaluate P1&2 Plant Air Systems, and P2 Air SP-148 Master Plan Compressor Bldg. Uninterruptible Power System Provide a conceptual layout for the UPS System, SP-150 (UPS) Study based 2007 Energy Master Plan. Climate Change Evaluate facility impacts from global climate change SP-152 Impact Study per Executive Order (EO) S-13-08. P1 Holders 5&6 Conversion to Evaluate the feasibility of converting 2 holding SP-172 Working Digesters digesters into working digesters. P2 Soil Liquefaction Evaluate the liquefaction/settlement potential for SP-177 Study older P2 solids structures. Sidestream Update Plant 1 and Plant 2 sidestream tables, Evaluation evaluate capacity of P1 WSSPS. P2 WSSPS 2A Evaluate P2 WSSPS 2A tunnel flooding and access Motor Location issues. \\FILER-1\Ocsd\Dept\Gmo\120\BS\Agenda\Archived-Agenda\Board Agenda Reports\14.PIan 2010 PCSA_Att_Z.DOCX,4/30/2022 11:59 AM, page 1 of 2 Planning Studies Program Project List ID# Project Name Description Implement findings of the NWRI study. Evaluate Effluent Disinfection proximity of AS channel bleach feed point to EPSA SP-156 Study feed point. 66-inch Interplant Effluent Pipeline Evaluate best use and rehab for 66" Interplant SP-164 Needs Assessment Effluent Pipeline, rehabilitation plan. Wastehauler Odor Evaluate options for reducing off-site odors from SP-140 Control wastehauler station. Food Waste Collection and Evaluate feasibility, costs, funding opportunities for SP-171 Treatment Study OCSD to accept food waste. P2 Effluent Reuse Identify beneficial uses for Plant 2 secondary SP-173 Study effluent. Potable Water Evaluate quality of Potable Water quality, feasibility SP-175 Quality Study of possible water softening. Electrical System SP-149 Base Map GIS mapping of plant electrical conduits. Standby Power SP-158 Study Evaluate standby power demands and capacities. Outage Recovery SP-170 Plan Study potential impacts of SCE power outages. Process SCADA Identify options to replace leased land line SP-157 Pump Station Link communication to Pump Stations. Uniform Level of Develop uniform Level-of-Service maintenance SP-151 Service Standards standards for non-process facilities. Plant Hydraulic Update the process flow hydraulic profiles for each SP-168 Study treatment plant. Odor Control Master Update June 2005 Odor Modeling and Control Plans SP-166 Plan for Plants 1 & 2. Stormwater Flow Update the 2005 Peak Flow Management SP-167 Study Stormwater Master Plan. Safety Assessment Survey for major items of concern Misc Process Projects funded under approved division project Studies budget. Misc Asset Mgt Projects funded under approved division project Studies budget. \\FILER-1\Ocsd\Dept\Gmo\120\BS\Agenda\Archived-Agenda\Board Agenda Reports\14.PIan 2010 PCSA_Att_Z.DOCX,4/30/2022 11:59 AM, page 2 of 2 OPERATIONS COMMITTEE - REVISED Meeting Date To Bd. of Dir. 12/01/10 12/15/10 AGENDA REPORT Item Number Item Number 6 14 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Gary Conklin, Senior Engineer GENERAL MANAGER'S RECOMMENDATION A. Approve Professional Consultant Services Agreements with Black & Veatch Corporation; Brown and Caldwell; Carollo Engineers, Inc.; HDR Engineering, Inc.; and Malcolm Pirnie, Inc. to provide planning studies on a task order basis for a two- year term with a one-year optional renewal for an amount not to exceed $700,000 per contract. B. Authorize the General Manager to assign task orders throughout the contract duration in accordance with the Delegation of Authority Resolution No. OCSD 07-04; and C. Approve exception to Resolution No. OCSD 07-04, Section 4.05, authorizing the General Manager to select any single suitable firm in the Planning Studies Program for a particular task order valued at $50,000 or less, without having to solicit proposals from multiple firms. SUMMARY Staff is requesting the Board of Directors (Board) to award contracts to five engineering consulting firms to perform engineering planning studies on a task order basis. This approach will reduce staff costs and consultant fees, and will accelerate project schedules. Task orders will be assigned throughout the contract duration, and will be subject to approval through the Orange County Sanitation District (OCSD) Delegation of Authority (DOA), Resolution No. OCSD 07-04, with an exception for studies under $50,000, where the General Manager may select any single suitable firm. Task orders that cost $50,000 to $100,000 will be subject to approval by the General Manager. Task orders from $100,000 to $200,000 will require approval by the Operations Committee. Approval by the Board of Directors will be required for studies over $200,000. The term of the agreements shall be for two years with an optional third year at the discretion of the Purchasing Manager as described in the DOA under Section 4.08. Staff anticipates awarding up to $2 million in studies each year that will resolve issues identified in the 2009 OCSD Facilities Master Plan and other similar planning issues. These studies have been budgeted in the December 2009 OCSD Facilities Master Plan Page 1 of 5 SUMMARY (cont'd) or are included in approved Divisional budgets under consulting services. The Planning Studies Program (Program) will clarify a number of highly complex planning issues which are critical to the future CIP, and require the diverse technical expertise that the selected firms provide. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Program Overview The 2009 OCSD Facilities Master Plan identified over 30 planning issues that are critical to the CIP program. The Program was developed to execute the studies that will resolve these issues and other ongoing planning issues. The issues are highly complex and require the diverse technical expertise that the selected firms have to offer. They involve the diagnosis of problems and decisions on which future efforts will be based. Program Approach Staff is recommending a task order approach that is used by similar agencies. Although the DOA addresses the task order type of contract only within the context of Facilities Engineering Projects, the DOA does provide the Board authority pursuant to Section 4.08 of the DOA to exercise its discretion, when it appears in the best interest of OCSD, to deviate from particular prescribed procedures in the negotiation and award of contracts for services. For the purposes of the Program, implementation of this task- order type of contract provides a number of benefits to OCSD, including cost and time savings. The consultants have been prequalified by a competitive process as described below, which results in a short list of eligible firms. The terms (except for rates) and duration of all the contracts are identical for each firm. Approval for the individual task orders will generally follow the procedures and policies described in the DOA. Task orders for specific studies will be issued to prequalified consultants on the list. Rotation and budget thresholds will be established to manage this list and to ensure fair and transparent access to upcoming opportunities for prequalified consultants. This approach allows multiple projects to be performed under a single agreement rather than having to issue individual solicitations. It results in administrative overhead savings of 40 to 80 staff hours per project. This approach reduces project schedules by six months and enables staff to focus on technical issues. In addition, consultants will benefit from reduced costs related to solicitation(s) participation and management, which improves competitive pricing of their proposals. Page 2 of 5 ADDITIONAL INFORMATION (cont'd) The Program provides for fair and balanced competition between the firms, and pre- negotiates staff assignments and labor rates, to insure that OCSD gets the best value. RFP Selection Process A Request for Proposal (RFP) was sent to seven nationally recognized engineering firms who were satisfactorily performing similar services at OCSD. Each firm provided a proposal. The proposals were evaluated by a team of five staff members. Based on the initial evaluation, two firms were eliminated and interviews were arranged for the remaining five firms. Following the interviews, the firms were evaluated according to the following criteria: • Qualifications of firm (20%) • Qualifications of Staff (40%) • Interviews (20%) • Price (20%) Based on the evaluation, staff recommends awarding contracts to the following firms: Black & Veatch Corporation Brown and Caldwell Carollo Engineers, Inc. HDR Engineering, Inc. Malcolm Pirnie Program Administration and Task Order Management Process Individual task orders will be assigned throughout the duration of this contract. Board approval will be required for each task order through the DOA, with an exception for Category I tasks, as explained below. The method of assigning tasks varies with the estimated task amount, as explained below. Staff will evaluate scope modifications as needed. For all categories, selection will be according to best value to OCSD. Page 3 of 5 ADDITIONAL INFORMATION (cont'd) Task Order Assignment Method Category Task Cost Process 1 <$50,000 Negotiate with one firm at time. Annual limit of $150,000 per firm, for projects in this category. II Over $50,000 to 200,000 3 proposals, by rotation. III Over $200,000 to 700,000 Request proposals from all firms in the program. Minimum of 3 proposals IV Over $700,000 Traditional RFP process, outside the program. CATEGORY I (SMALL TASKS) Tasks in this category involve an exception to the DOA. The DOA dictates that procurements for amounts less than $50,000 and over $5,000 provide at least three bids, except for sole source agreements. Section 4.08 of the DOA, however, provides that the Board of Directors may, when it appears in the best interests of OCSD, authorize the Staff to negotiate and award a contract for services, including Professional Service Consultants, without observing the procedures prescribed. In this instance, under Category I, it is in OCSD's best interest, based on cost and time savings, to allow the General Manager, without having to obtain at least three bids, to select any single firm in the Program for a particular task order based on the General Manager's determination of the firm's suitability and qualification for the task order. The amount of work in this category that can be assigned to any one firm is subject to an annual limit. CATEGORY 11 (MEDIUM TASKS) Task order proposals will be requested from three firms based on rotation. The initial list will be determined according the initial ranking. The RFP will be sent to the first three firms on the list. The successful firm will move to the end of the list, and the list will be adjusted accordingly. The next task order RFP will be sent to the top three firms on the list. If a firm declines to submit a proposal when requested, that firm will move to the end of the list, and the proposal will be sent to the next firm on the list. The Project Manager will attempt to obtain three bids for every proposal in this category. CATEGORY III (LARGE TASKS) Task order proposals in this category will be sent to all firms in the program. The Project Manager will attempt to obtain three bids for every proposal in this category. Page 4 of 5 ADDITIONAL INFORMATION (cont'd) CATEGORY IV (TASKS OUTSIDE THE CONTRACT) Projects in this category will not be included in these contracts without special approval of the Board. These projects will be procured according to a standard RFP procedure, and could include firms which are not in this program. CEQA The project is Statutorily Exempt and will only involve feasibility studies for possible future actions, which the agency has not approved, adopted, or funded, and will not have a legally binding effect on later activities. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This action does not impact the Budget. The anticipated task order costs either have individual project budgets or are identified within a Divisional budget under consulting services. This authorization complies with authority levels of the OCSD's Delegation of Authority, with the exception requested for approval to extend the General Manager's authority for studies up to $50,000 to select any single suitable firm in the Program for a particular task. Date of Approval Contract Amount Contingency N/A N/A N/A ATTACHMENT Project List GC:sa:gc:sa Page 5 of 5 ADMINISTRATION COMMITTEE Meeting Date To Bd. of Dir. 12/08/2010 12/15/10 AGENDA REPORT Item Number Item Number 2 16 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director, Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION A. Authorize the General Manager to permanently establish Motorola radio system equipment as the Orange County Sanitation District's (OCSD) standard for the licensed, privately operated, mobile radio system, and; B. Authorize use of Resolution No. OCSD 07-04, Section 3.08: Cooperative Procurement, for purchases of equipment and services of Motorola radio systems, for a total amount not to exceed $250,000, to include all tax and freight. SUMMARY OCSD currently operates a Motorola radio system to communicate with staff in the support of the operations of the treatment plants and collection system. The Federal Communications Commission (FCC) has mandated the conversion of existing systems to technology that will allow more channels to operate in the existing licensed frequency spectrum, otherwise known as "narrowbanding." The existing Motorola radio system must be replaced or upgraded to comply with this FCC mandate. The majority of the existing components can be reprogrammed to meet the new standards. The County of Orange Cooperative Agreement, No. MA-060-10012594, addresses equipment and services that are required to replace and/or reprogram the components in OCSD's existing radio systems to meet the narrowbanding standards. OCSD will use this contract to procure such parts and services. This capital requirement is included as SP-165, Communication Radio System Replacement. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION The majority of the radio system components consist of handheld portable radios. Of the current 350 radios, 200 can be reprogrammed and reissued. The remaining radios, as well as the main transmitters and other various accessories/devices, will have to be replaced. New radios will be installed in approximately 25 vehicles that are commonly used outside the treatment plant facilities. This will ensure that communications continue in the event of local cell and/or telephone service disruptions. CEQA This action is considered a continuing administrative activity and is not defined as a project in the CEQA Guidelines under Section 15378 (b)(2) and is not subject to review under CEQA. BUDGET / DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 79). Project contingency funds will not be used for this project. JDR:LT:RC Page 2 of 2 BOARD OF DIRECTORS Meeting Date To 12/08/10 12/2/15/10 AGENDA REPORT Item Number Item Number 3 17 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director, Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION A. Reject bids submitted by Intratek Computer, Inc., and Psomas in accordance with specification requirements, Specification No.CS-2010-470BD, for Facilities Records Group Staffing Support; B. Approve a Professional Consultant Services Agreement with Project Partners, Inc., the lowest responsive and responsible bidder, for Facilities Records Group Staffing Support and related services, Specification No. CS-2010-47013D, for a total amount not to exceed $163,200 for one six-month period; C. Approve an option of one additional six-month renewal period for a total amount not to exceed $163,200; and, D. Approve a contingency of $16,320 (10%). SUMMARY The Orange County Sanitation District (OCSD) is presently in the midst of expansions to its facilities through a program made up of various Capital Improvement Projects (CIP) projects. The Facility Records Group (FRG) is now a division of OCSD's Information Technology Department, responsible for facility records management and maintenance. These records include all facility engineering drawings, specifications, shop drawings, and other project-related documents and data. As CIP projects close out, high volumes of drawings and documents are turned in to FRG. There is a need for temporary staffing provided by an outside consultant (Firm) to incorporate records received from these CIP projects into baseline models, drawings, and the Engineering Library. With increased workload and limited OCSD staff availability, it is necessary to obtain temporary resources. Three sealed bids were received on November 30, 2010. Bids submitted ranged from $105,600 to $163,200. After evaluation of the bids by the Evaluation Team, the two lowest bids were deemed to be "non-responsible" bidders, due to lack of required minimum qualifications and experience in wastewater along with the use of OCSD's Page 1 of 3 current software Computer Assisted Design (CAD) applications. The OCSD Evaluation Team recommended awarding the contract to the lowest, responsible and responsive bidder, Project Partners, Inc., in an amount not to exceed $163,200, with a 10% contingency per year. PRIOR COMMITTEE/BOARD ACTIONS June 2010 - Approved Amendment No. 1 to the Professional Consultant Services Agreement with Project Partners, Inc., for Facilities Records Group Staffing Support, Specification No. CS-2009-40813D, for a time extension from July 1, 2010 through December 31, 2010, and decreasing the contract by $200,000, for a total amount not to exceed $679,000. July 2009 - Approved the Professional Consultant Services Agreement with Project Partners, Inc., for Facilities Records Group Staffing Support, Specification No. CS-2009-40813D, for an amount not to exceed $879,000 for the period through June 30, 2010. ADDITIONAL INFORMATION The Information Technology Facility Record Group Division is in charge of receiving, validating, and maintaining the electronic facility records generated for completing CIP projects. These records include engineering drawings and databases, specifications, and sewer system and treatment plant atlas maps. Staff uses record drawings for completed projects which are obtained from contractors and consultants to update the official facility records. These records include all the constructed facilities owned by OCSD and must be kept up to date to safely maintain and operate the treatment plants and sewers, and provide accurate information for future rehabilitation and improvement designs. To date, $584,734 of the contract authorization amount of $679,000 has been spent. This amounts to 86% of the contract total. Staff projects expending $665,000 through December 31 , 2010. Additional staffing is needed through June 30, 2011, at an estimated cost of$183,000. This item does not impact the overall CIP budget. Funds are included in the individual project budgets to cover the cost of the proposed professional services contract. Page 2 of 3 Below are the tabulated bid results. Project Partners Inc. was the "lowest qualified" responsive bidder: FACILITIES RECORDS GROUP STAFFING SUPPORT Bid Date — 11/30/2010 @ 2:00 PM CS-2010-47OBD BID ITEM Intratek Psomas Project Computer, Inc. Partners, Inc. 1 $ 74,880 $109,440 $119,040 2 30,720 38,400 44,160 Total $105,600 $147,840 $163,200 CEQA This action is considered a continuing administrative activity and is not defined as a project in the CEQA Guidelines under Section 15378 (b)(2) and is not subject to review under CEQA. BUDGET / DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. Date of Approval Contract Amount Contingency 12/15/10 $163,200 $16,320 (10%) JDR:LT:RC Page 3 of 3 ADMINISTRATION COMMITTEE Meeting Date To 12/08/10 12/2/15/10 AGENDA REPORT Item Number Item Number 4 18 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to add or delete qualified firms as necessary to Purchase Order Agreement No. CS-2009-000OB for Safety Training Services, Specification No. CS-2009-402BD and Specification No. CS-2009-402BD(a), to meet work requirements as identified by the Risk Management Division. SUMMARY Risk Management Division currently has a training contract with four (4) vendors and wants to add more local training vendors to the pool of training providers used by OCSD. The original Board approval for the program was January 28, 2009 for the procurement of bids for training services, subsequent award of purchase orders agreements to qualified firms. Risk Management Division is requesting additional firms be added to the Safety Training program without additional cost being added to the contract. Risk Management Division is also requesting that the General Manager or his designee be given the authority to add or remove vendors from the list of approved trainers. PRIOR COMMITTEE/BOARD ACTIONS January 28, 2009 — Authorized the General Manager to procure bids for Safety Training Services, Specification No. CS-2009-402BD, and subsequently award purchase order agreement to qualified firms for the time period of April 1, 2009 through June 30, 2010, in an amount not to exceed $312,500, and four one-year renewal options, for a total annual amount not to exceed $250,000 per year, with a 5% annual cost escalation contingency. ADDITIONAL INFORMATION N/A CEQA N/A Page 1 of 2 BUDGET / DELEGATION OF AUTHORITY COMPLIANCE Date of Approval Contract Amount Continaencv 01/28/09 $250,000 $12,500 (5%) JDR:LT:WB Page 2 of 2 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 12/15/10 AGENDA REPORT Item Number Item Number 19 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering CIP Project Manager: Dean Fisher GENERAL MANAGER'S RECOMMENDATION A. Approve a project budget increase of $201,000 for Newport Sewer and Force Mains, Bitter Point to Coast Trunk Sewer, Contract No. 5-58, for a total budget of $31,590,800; and, B. Ratify the General Manager's Use of Emergency Purchasing Authority Pursuant to Delegation of Authority Resolution 07-04 Section 6.03(J), approving a contingency increase of $201,000 (30%) to the contract with Jamison Engineering Contractors, Inc., for said project for a total contingency of $335,000 (50%). SUMMARY In September 2010, the Orange County Sanitation District (Sanitation District) Board adopted Resolution No. OCSD 10-16, Authorizing Emergency Repairs to the Santa Ana River Levees and Ratifying the General Manager's Use of Emergency Purchasing Authority Pursuant to Delegation of Authority Resolution 07-04 Section 6.03(J). This resolution approved the contracts to repair the Santa Ana River Levees including a contract for Jamison Engineering to provide construction services to support the soil mixing contractor, Geo-Solutions. The work is progressing and additional services beyond the original scope are needed in order to complete the Phase I repairs. This work includes additional services pertaining to unknown underground utilities, additional spoil disposal costs and increased quantities, elevation monitoring surveys, site security, and longer support time needed due to the schedule of the soil mixing work. The expedited timeframe and emergency nature of the work contributed to additional costs that were difficult to predict. The need for the additional work unfolded quickly and timing of this additional contingency was critical to keep the contractor working without delay to repair the levees for the winter rain season. PRIOR COMMITTEE/BOARD ACTIONS September 2010 - Approved a project budget increase of $5,506,800 for Newport Sewer and Force Mains, Bitter Point to Coast Trunk Sewer, Contract No. 5-58, for a total budget of $31,389,800. Page 1 of 3 September 2010 - Adopted Resolution No. OCSD 10-16, Authorizing Emergency Repairs to the Santa Ana River Levees and Ratifying the General Manager's Use of Emergency Purchasing Authority Pursuant to Delegation of Authority Resolution 07-04 Section 6.03(J), and finding a continuing need to negotiate and award a contract to Jamison Engineering Contractors, Inc. to provide supporting construction services for said project, for an amount not to exceed $670,000, and approve a contingency of $134,000 (20%). ADDITIONAL INFORMATION This project installed an additional pipeline connection from the Bitter Point Pump Station to Plant No. 2 in order to improve the reliability of the Sanitation District's force main systems in the City of Newport Beach. A construction contract for this work was awarded to Mladen Buntich Construction Co., Inc. and the contract work is substantially complete. A portion of the contract work included a tunnel section of pipeline beginning inside Plant No. 2 and routed under the Santa Ana River to the east side. The soil above this tunneled section of pipeline has settled and created voids in the soil along the alignment including the Santa Ana River. The Sanitation District's design consultants have concluded that the Contractor over excavated during the tunneling operations. The Contractor maintains that there were differing site conditions that caused the soil settlement. Responsibility to repair the affected soils is under dispute. In addition, the Sanitation District has notified the District's Owner Controlled Insurance Program (OCIP) insurance carrier that the property damage has occurred. The OCIP Insurance carrier has not yet determined if the damage is covered under the policy. The Districts will pursue cost recovery for these incurred costs. The soil settlement poses a risk to the levee system that must be repaired as soon as possible to mitigate these risks. A levee repair method has been designed using a phased approach with the most critical work (Phase 1) emergency repairs to the Santa Ana River Levees being implemented at this time. This work involves soil remediation to improve the soil density of the east and west Santa Ana River Levee in the vicinity of the pipeline installation. This is being completed by a specialty contractor using soil mixing techniques with the addition of grout to the soil. The limited schedule to perform the work would not allow for a typical procurement process. In order to expedite these repairs, Staff requested an emergency authorization for agreements with three separate contracting parties using an emergency procurement authority. There are two construction contracts, one to retain the prime soil remediation construction work and a second for supporting construction work. Additional contingency is being sought for the supporting construction Contract to Jamison Engineering. An additional Professional Design Services Agreement (PDSA) was necessary for engineering oversight to verify the installation and certify the work. Page 2of3 Additional repairs beyond the scope of this action are needed and are planned for a second project phase. The Phase 2 repairs include work from inside the Santa Ana River, as well as a portion of the Sanitation District's Ocean Outfall pipeline and adjacent areas inside Plant No. 2. The Sanitation District is planning to work with the tunneling contractor to complete these repairs and the work on repairing the Ocean Outfall portion of this work has started. CEQA The Final Environmental Impact Report (EIR) for the Replacement of Newport Trunk Sewer and Force Mains, Contract No. 5-58, was certified by the Orange County Sanitation District's Board of Directors on April 27, 2005. The Notice of Determination was filed with the State Clearinghouse on April 28, 2005. Addendum No. 1 to the Newport Sewer and Force Main EIR was certified by the Sanitation District Board of Directors on September 22, 2010. 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 the budget is insufficient for the recommended action (Line Item 05-58: Section 8, Page 8). The Sanitation District has reserved rights to pursue cost recovery for the incurred costs. In the interim, required funds will be taken from reductions from existing CIP projects. Date of Approval Contract Amount Continaencv 09/22/10 $ 670,000 $134,000 (20%) 12/15/10 $201,000 (30%) $335,000 (50%) Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, December 8, 2010, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on December 8, 2010, at 5:30 p.m., in the Sanitation District's Administration Building. Following the Pledge of Allegiance, a quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Phil Luebben, Chair Jim Ruth, General Manager John Anderson Bob Ghirelli, Assistant General Manager Jon Dumitru Lorenzo Tyner, Director of Finance Cathy Green & Administrative Services Janet Nguyen Jim Herberg, Director of Engineering John Nielsen Lilia Kovac, Committee Secretary Brad Reese Jeff Reed, Human Resources Manager Christina Shea Mike White, Controller Sal Tinajero Wes Bauer Mark Waldman Bob Bell Larry Crandall, Board Chair Rich Castillon Troy Edgar, Board Vice Chair Norbert Gaia Laurie Klinger COMMITTEE MEMBERS ABSENT: Juanita Skillman John Withers, Vice Chair Rich Spencer OTHERS PRESENT: PUBLIC COMMENTS: There were no public comments. REPORT OF COMMITTEE CHAIR: The Committee Chair did not give a report. REPORT OF GENERAL MANAGER: The General Manager did not give a report. Minutes of the Administration Committee December 8, 2010 Page 2 of 4 REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Director of Finance and Administrative Services, Lorenzo Tyner, reported that staff had delayed the issuance of $157M in Build America Bonds due to unfavorable market conditions, however, the sale was completed on this date. Mr. Tyner also provided a brief overview of workers' compensation open claims to date. It was recommended that future compensation updates include benchmarking data with other agencies or national averages for context. CONSENT CALENDAR: MOVED, SECONDED AND DULY CARRIED, Recommend to the Board of Directors to: 1. Approve Minutes of the October 13, 2010, Administration Committee meeting. ACTION ITEMS: MOVED, SECONDED AND DULY CARRIED, Recommend to the Board of Directors to: 2. A. Authorize the General Manager to permanently establish Motorola radio system equipment as the Orange County Sanitation District's (OCSD) standard for the licensed, privately operated, mobile radio system, and; B. Authorize use of Resolution No. OCSD 07-04, Section 3.08: Cooperative Procurement, for purchases of equipment and services of Motorola radio systems, for a total amount not to exceed $250,000, to include all tax and freight. 3. After a brief discussion and clarification of the contingency amount, the motion was amended. The motion was then, MOVED, SECONDED AND DULY CARRIED, Recommend to the Board of Directors to: A. Reject bids submitted by Intratek Computer, Inc., and Psomas in accordance with specification requirements, Specification No.CS-2010-470BD, for Facilities Records Group Staffing Support; B. Approve a Professional Services Agreement with Project Partners, Inc., the lowest responsive and responsible bidder, for Facilities Records Group staffing support and related services, Specification No. CS-2010-470BD, for a total amount not to exceed $163,200 for one six-month period; C. Approve an option of one additional six-month renewal for a total amount not to exceed $163,200; and, D. Approve a $16,320 contingency (10%). Minutes of the Administration Committee December 8, 2010 Page 3 of 4 ACTION ITEMS: (cont'd) MOVED, SECONDED AND DULY CARRIED, Recommend to the Board of Directors to: 4. Authorize the General Manager to add or delete qualified firms as necessary to Purchase Order Agreement No. CS-2009-000OB for Safety Training Services (Specification No. CS-2009-402BD and Specification No. CS-2009-402BD(a)) to meet work requirements as identified by the Risk Management Division. MOVED, SECONDED AND DULY CARRIED: 5. A. At the recommendation of the Audit Ad Hoc Committee, approve an additional one-year renewal period to the Purchase Order Contract with Lance, Soll & Lunghard, Certified Public Accountants for internal auditing services for the period of March 1 , 2011 through February 29, 2012, in an amount not to exceed $58,670; and, B. Direct Lance, Soll & Lunghard to perform specific internal auditing assignments as the Administration Committee deems necessary. INFORMATIONAL ITEMS: 6. Succession Management Program. Human Resources Specialist, Laurie Klinger, presented an overview of the Succession Management Program, outlining the highlights of the program designed to fill key positions vacated through attrition. The program includes workforce planning analysis, continuity of leadership, and career planning for staff. CLOSED SESSION: CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) The Administration Committee convened in closed session at 6:08 p.m. to discuss one matter. Confidential Minutes of the Closed Session have been prepared in accordance with Government Code Section 54956.9(a) and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Administration Committee reconvened at 6:34 p.m. Minutes of the Administration Committee December 8, 2010 Page 4 of 4 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:35 p.m. Submitted by: Lilia Kovac Associate Clerk of the Board