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Home My WebLink About03-23-2011 Board Agenda Packet March 16, 2011 NOTICE OF MEETING BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Wednesday, March 23, 2011 — 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 - Wednesday, April 6, 2011 at 5:00 p.m. Administration Committee - Wednesday, April 13, 2011 at 5:30 p.m. Steering Committee - Wednesday, April 20, 2011 at 5:00 p.m. NS ANTTj VO Fir/NG THE ENV`Pp� BOARD MEETING DATES March 23, 2011 *April 20, 2011 May 25, 2011 June 22, 2011 July 27, 2011 August 24, 2011 September 28, 2011 October 26, 2011 *November 16, 2011 *December 21, 2011 January 25, 2012 February 22, 2012 *Meetings are being held on the third Wednesday of the month oJN1V SANIT4 T1°N ` o Wednesday, March 23, 2011 Orange County Sanitation District 9 6:30 P.M. Regular Meeting of the Board Room Board of Directors 4 10844 Ellis Avenue 9°l a�2 Fountain Valley, CA THE EN�Qo (714) 593-7124 AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (Sharon Quirk-Silva - Fullerton) DECLARATION OF QUORUM: 1. Receive and file Minute Excerpt of member agency relating to appointment to the Orange County Sanitation District Board, as follows: City/Agency Active Director Alternate Director Seal Beach Michael Levitt Gordon Shanks 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: 2. Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending. 02/15/11 02/28/11 Totals $7,422,111.13 $ 8,053,666.51 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. 03/23/11 OCSD Board of Directors'Agenda Page 1 of 4 CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 3. Approve Minutes for the Regular Meeting held on February 23, 2011. 4. Approve a Reimbursement Agreement with the Irvine Ranch Water District (IRWD) for construction of a portion of the Gisler-Redhill Trunk Improvements, Reach "B," Contract No. 7-37, for an amount not to exceed $450,000, in a form approved by General Counsel. 5. Adopt Resolution No. OCSD 11-03 Authorizing the General Manager or Designee to Execute State Office of Emergency Services and/or Federal Emergency Management Agency Documents and Relevant Permit Applications for Present and Future Disaster Relief Applications. STEERING COMMITTEE: 6. Approve minutes of the February 23, 2011, Steering Committee meeting. OPERATIONS COMMITTEE: 7. Approve minutes of the March 2, 2011, Operations Committee meeting. 8. Authorize the General Manager to negotiate an amendment to the Professional Services Agreement with Black and Veatch for additional design services for the Outfall Land Section and Ocean Outfall Booster Station Piping Rehabilitation, Project No. J-112. ADMINISTRATION COMMITTEE: 9. Approve minutes of the March 9, 2011, Administration Committee meeting. 10. Adopt Resolution No. OCSD 11-04, Adopting Procedures for Settlement of Claims Made Against the Orange County Sanitation District (OCSD); Settlement of Claims Made by OCSD; Collection of Delinquent Accounts Owing to OCSD; Settlement of Civil or Administrative Actions; and Settlement of Workers' Compensation Actions; and repealing Resolution No. OCSD 98-23. 03/23/11 OCSD Board of Directors'Agenda Page 2 of 4 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 CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION/INITIATION OF LITIGATION (Government Code Section 54956.9(b), (c)) Significant Exposure to Litigation and Potential Initiation of Litigation Number of Potential Cases: 1 a) Newport Trunk Sewer, Project 5-58 CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION (Government Code Section 54956.9(b)) Significant Exposure to Litigation Number of Potential Cases: 1 b) Claim from Kiewit Infrastructure West re. New Secondary Treatment System at Plant No. 1, Project P1-102 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, April 20, 2011, at 6:30 p.m. 03/23/11 OCSD Board of Directors'Agenda Page 3 of 4 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)593-7124 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. Lilia Kovac Associate Clerk of the Board (714)593-7124 Ikovac(cDocsd.com 03/23/11 OCSD Board of Directors'Agenda Page 4 of 4 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 03/23/11 AGENDA REPORT Item Number Item Number 2 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 02/01/11 — 02/15/11 and 02/16/11 — 02/28/11 Page 1 of 1 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description Accounts Payable Warrants Absolute Standards, Inc. 37035 850.00 Laboratory Services&Supplies Ace Glass,Inc. 37036 193.93 Laboratory Services&Supplies AECOM Technical Services,Inc. 36896 10,211.02 Professional Services/Engineering Design Services Airgas Safety, Inc. 36897 2,997.05 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety, Inc. 37037 6,725.33 Safety,Security,Health Equipment,Supplies,and Services Airgas West 37038 1,493.47 Repair&Maintenance Services and/or Supplies Alan's Lawn&Garden Center,Inc. 36898 32.17 Repair&Maintenance Services and/or Supplies Alhambra Foundry Co.,Ltd. 37039 23,368.21 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 36899 78.16 Repair&Maintenance Services and/or Supplies American Chemical Society 37040 145.00 Professional Organizations Meeting/Training/Membership American Society for Microbiology 37041 63.00 Professional Organizations Meeting/Training/Membership American Society of Civil Engineers 36900 255.00 Professional Organizations Meeting/Training/Membership Analytical Technology,Inc. 37042 1,532.42 Instrument Supplies Applied Industrial Technology 37043 40.24 Repair&Maintenance Services and/or Supplies Ashbrook Simon Hartley Operations,L.P. 36901 2,070.35 Repair&Maintenance Services and/or Supplies AT&T Mobility II,L.L.C. 36902 9,033.67 Telecommunications AT&T Mobility II,L.L.C. 37045 99.99 Telecommunications AT&T Universal Biller 37044 3,218.46 Telecommunications Atlas Underground, Inc. 36903 735.00 Repair&Maintenance Services and/or Supplies Austin Building and Design dba The Austin Company 37046 1,508.94 Professional Services/Engineering Design Services Awards&Trophies Company 36904 326.25 Awards and Framing Services AWWA 37047 231.00 Professional Organizations Meeting/Training/Membership Bank of New York Mellon Trust 37048 1,741.30 Professional Services-Financial Bank of New York Mellon Trust 37049 22,359.03 Professional Services-Financial Barragan Corp.International 36905 1,660.00 Professional Organizations Meeting/Training/Membership Battery Specialties 36906 285.01 Batteries,Various BC Wire Rope&Rigging 36907 2,533.88 Tools&Supplies Black&Veatch Corporation 36886 106,249.55 Professional Services/Engineering Design Services BNI Building News 37050 189.66 Books&Publications BP Energy Company 37051 19,333.64 Natural Gas Brown&Caldwell 37052 3,018.13 Professional Services/Engineering Design Services C&L Supply Company 37053 449.65 Repair&Maintenance Services and/or Supplies C.S.M.F.O 36918 110.00 Professional Organizations Meeting/Training/Membership CALCO Applications,Inc. 36908 217.34 Laboratory Services&Supplies California Department of Fish and Game 37054 224.00 Governmental Agency Fees&Charges California Dept.of Child Support 37055 1,919.51 Judgments Payable California Recreation Company 37056 2,976.54 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Relocation Services, Inc. 37057 90.00 Miscellaneous Services-Moving/Relocation California Safety Services Group 36909 199.00 Professional Organizations Meeting/Training/Membership Caltrol, Inc. 37058 8,329.93 Electrical/Electronic Equipment,Parts&Repairs Cambridge Isotope Labs 37059 2,859.52 Laboratory Services&Supplies Carollo Engineers 37060 1,958.89 Professional Services/Engineering Design Services Cavanaugh Machine Works 36910 866.63 Repair&Maintenance Services and/or Supplies Cavanaugh Machine Works 37061 785.00 Repair&Maintenance Services and/or Supplies Certified Laboratories 36911 1,068.57 Laboratory Services&Supplies Chris A.Stacklin 37178 175.00 Meeting/Training Expense Reimbursement Circle,Inc. 37063 169.58 Copier Toner/Ink Supplies City National Bank 37173 3,000.00 Construction,Retention EXHIBIT A fin/210/Ic Page 1 of 7 2/28/2011 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description City of Brea 37024 200.00 Conference Room Rental Fees City of Fullerton 37090 45.64 Water Use City of Huntington Beach 36943 11,292.02 Water Use City of Westminster 36912 270.04 Water Use Claudia J.Thair 37064 50.00 Professional Organizations Meeting/Training/Membership Clean Harbors Environmental Services 36913 8,205.64 Grit&Screenings;Hazard Waste Disposal CMAA 36914 1,460.00 Professional Organizations Meeting/Training/Membership Cole-Parmer Instrument Co. 36915 424.91 Laboratory Services&Supplies Compressor Components of California 36916 3,200.00 Repair&Maintenance Services and/or Supplies Connell Chevrolet\GEO 37065 639.74 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Consumers Pipe&Supply Co. 37066 68.74 Repair&Maintenance Services and/or Supplies CORNER BAKERY CAFE(CBC) 37062 696.46 Meeting Expenses Corporate Business Interiors 36917 933.08 Furniture/Fixtures Corporate Image Maintenance, Inc. 37026 35,995.00 Janitor&Household Service&Supplies County of Orange Auditor Controller 37067 705.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 37068 675.00 Governmental Agency Fees&Charges Court Order 37106 2,179.38 Judgments Payable Court Order 37110 150.00 Judgments Payable Court Order 37113 225.00 Judgments Payable Court Order 37136 108.00 Judgments Payable Court Order 37172 912.50 Judgments Payable Crane Veyor Corp. 37069 2,436.00 Repair&Maintenance Services and/or Supplies CS-AMSCO 37070 5,900.89 Repair&Maintenance Services and/or Supplies CSI Services,Inc. 37071 15,835.25 Professional Services CSUF Auxillary Services Corporation 37072 19,000.00 Professional Organizations Meeting/Training/Membership(Demographics) Cummins Allison Corp. 36919 449.67 Computer Hardware&Software CWEA Annual Conference 36920 275.00 Professional Organizations Meeting/Training/Membership CWEA Annual Conference 37073 1,120.00 Professional Organizations Meeting/Training/Membership CWEA Membership 37074 396.00 Professional Organizations Meeting/Training/Membership David's Tree Service 36921 6,450.00 Groundskeeping Deaver Manufacturing Co. 37076 398.94 Autos,Trucks&Marine Equipment,Parts,Accessories&Services DLT&V Systems Engineering,Inc. 36922 20,851.68 Computer Applications&Services DME, Inc. 36923 999.04 Repair&Maintenance Services and/or Supplies E.Sam Jones Distributors,Inc. 37077 59.81 Electrical/Electronic Equipment,Parts&Repairs Ecology Tire, Inc. 37078 315.00 Miscellaneous Services Edward L.Diefenderfer 37075 1,533.01 Reconciliation User Fee Refund Program Edward M.Torres 37179 378.45 Meeting/Training Expense Reimbursement El Rodeo Riding Club LTD 36924 1,670.15 Reconciliation User Fee Refund Program EMEDCO dba TRICOR 37079 414.64 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists, Inc. 37080 12,851.31 Reimbursed Prepaid Employee Medical&Dependent Care Enchanter, Inc. 37081 3,420.00 Vessel Services-Monitoring Vessel Nerissa Environmental Resource Associates 37082 143.83 Laboratory Services&Supplies Environmental Water Solutions, Inc. 36925 4,906.94 Repair&Maintenance Services and/or Supplies Environmental Water Solutions, Inc. 37083 1,123.83 Repair&Maintenance Services and/or Supplies Ewing Irrigation 37084 36.69 Irrigation Repair&Maintenance Services and/or Supplies Express Lens Lab 37085 3,028.14 Safety,Security,Health Equipment,Supplies,and Services Fedex Corporation 36926 20.12 Freight Services Fedex Corporation 37086 52.66 Freight Services First American Corelogic 36928 498.17 Software Maintenance Agreement EXHIBIT A fin/210/Ic Page 2 of 7 2/28/2011 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description Fisher Scientific 36929 601.21 Laboratory Services&Supplies Fisher Scientific 37087 903.87 Laboratory Services&Supplies Fleming Environmental,Inc. 36930 300.00 Repair&Maintenance Services and/or Supplies Franklin Covey 36931 51.12 Office Supplies Franklin Covey 37088 202.86 Office Supplies Frys Electronics 36932 27.18 Computers,Software/Hardware Frys Electronics 37089 119.60 Computers,Software/Hardware Ganahl Lumber Company 37091 141.68 Facilities,Maintenance,Services&Supplies Garrett Callahan Company 36933 4,507.70 Chemicals,Water/Wastewater Treatment George Yardley Co. 36934 2,142.88 Repair&Maintenance Services and/or Supplies Geo-Solutions, Inc. 37032 267,785.64 Construction Glens Alignment&Brake Service 37092 412.85 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Golden State Overnight Delivery Service 37093 56.46 Courier Services Golden West Window Service 36935 2,700.00 Facilities,Maintenance,Services&Supplies Golden West Window Service 37094 1,310.00 Facilities,Maintenance,Services&Supplies Goodway Technologies Corp. 37095 37.00 Miscellaneous Maintenance Supplies Grainger,Inc. 36936 1,278.57 Repair&Maintenance Services and/or Supplies Graybar Electric Company 36937 39.91 Electrical/Electronic Equipment,Parts&Repairs Hach c/o Ponton Industries 37096 2,008.75 Laboratory Services&Supplies Hach Company 37097 1,577.74 Laboratory Services&Supplies Hampton Tedder Technical Services 37098 807.00 Professional Services/Electrical Acceptance Testing-Various Hardy Diagnostics 36938 874.06 Laboratory Services&Supplies Harrington Industrial Plastics, Inc. 36939 326.34 Repair&Maintenance Services and/or Supplies Harrington Industrial Plastics, Inc. 37099 475.04 Repair&Maintenance Services and/or Supplies HDR Engineering,Inc. 36887 825,348.00 Professional Services/Engineering Design Services Hewlett Packard Company 36940 22,107.33 Computers,Software/Hardware Home Depot 36941 1,048.43 Miscellaneous Parts and Supplies Home Depot 37100 48.55 Miscellaneous Parts and Supplies Hub Auto Supply 36942 1,407.79 Autos,Trucks&Marine Equipment,Parts,Accessories&Services IDEXX Distribution,Inc. 36944 4,067.25 Laboratory Services&Supplies Indiana Child Support Bureau 37101 290.00 Judgments Payable Industrial Distribution Group 36945 972.70 Repair&Maintenance Services and/or Supplies Inplant Sales,L.L.C. 36946 363.72 Repair&Maintenance Services and/or Supplies Intl.Union of Oper.Eng.AFL CIO Local 501 37102 4,809.85 Dues Deductions Invensys Systems, Inc. 36947 1,495.78 Electrical/Electronic Equipment,Parts&Repairs Irvine Pipe&Supply 37103 96.13 Repair&Maintenance Services and/or Supplies J F Shea Construction, Inc. 36893 169,781.15 Construction J R Filanc Construction 36894 133,980.66 Construction Jamboree Housing Corporation 37027 69,911.26 Connection Fee Refund James D.Herberg 37176 663.44 Meeting/Training Expense Reimbursement Jamison Engineering Contractors,Inc. 36948 13,485.00 Professional Services/Construction Support Services JCI Jones Chemicals,Inc. 349 74,941.29 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals,Inc. 351 40,384.56 Chemicals,Water/Wastewater Treatment Jensen Instrument Co. 36949 2,072.70 Electrical/Electronic Equipment,Parts&Repairs Jerry F.Evangelista 37175 175.00 Meeting/Training Expense Reimbursement JIG Tucker And Son, Inc. 37104 1,756.31 Safety,Security,Health Equipment,Supplies,and Services Johnson Matthey, Inc. 37105 109.52 Miscellaneous Parts and Supplies Johnstone Supply 36950 771.42 Repair&Maintenance Services and/or Supplies Kaman Industrial Technologies 36951 3,546.52 Repair&Maintenance Services and/or Supplies EXHIBIT A fin/210/Ic Page 3 of 7 2/28/2011 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description Kemira Water Solutions 352 197,844.41 Chemicals,Water/Wastewater Treatment Ken A.Sakamoto 37022 257.15 Meeting/Training Expense Reimbursement Kiewit Infrastructure West Co. 36895 828,245.00 Construction L.Johnson Painting 37107 2,685.00 Facilities,Maintenance,Services&Supplies La Marche Manufacturing Co. 36953 768.76 Repair&Maintenance Services and/or Supplies Lab Support-Remit 37108 2,436.00 Temporary Employment Services Laura A.Terriquez 37023 139.86 Meeting/Training Expense Reimbursement Lehman Fisher Company 36952 889.61 Reconciliation User Fee Refund Program Liebert Cassidy 37109 6,791.05 Professional Services/Employee Relations Machado Environmental Corp.DBA Air Duct Cleaning 36954 3,185.00 Repair&Maintenance Services and/or Supplies Malcolm Pirnie,Inc. 36955 21,219.00 Professional Services/Engineering Design Services Mandic Motors 36956 100.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Marcus D.Dubois 37174 493.66 Meeting/Training Expense Reimbursement Mark H.Kawamoto 37177 110.00 Meeting/Training Expense Reimbursement Marvac Electronics 36957 21.66 Electrical/Electronic Equipment,Parts&Repairs Maxim Security Systems 36958 8,398.75 Safety,Security,Health Equipment,Supplies,and Services Maximous Professional Review,Inc. 36959 1,320.00 Professional Organizations Meeting/Training/Membership MBC Applied Environmental Sciences 36960 3,156.25 Professional Services-Regional Ocean Monitoring McMaster-Carr Supply Co. 36961 2,444.85 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 37111 921.62 Repair&Maintenance Services and/or Supplies Midway Mfg.&Machining Co. 36963 9,510.19 Repair&Maintenance Services and/or Supplies Mid-West Associates,Inc. 36962 1,002.32 Repair&Maintenance Services and/or Supplies Miele,Inc. 36964 389.25 Laboratory Services&Supplies Milton Rocha 37021 170.00 Meeting/Training Expense Reimbursement Mine Safety Appliance 37112 975.06 Electrical/Electronic Equipment,Parts&Repairs MJL Consulting 36888 47,599.05 Professional Services/Annual Contract Painting Mladen Buntich Construction Company 37033 248,637.18 Construction National Notary Association 37114 78.00 Professional Organizations Meeting/Training/Membership Neal Supply Co. 36965 978.75 Repair&Maintenance Services and/or Supplies Nelson Dunn, Inc. 37115 74.58 Miscellaneous Parts and Supplies Neutron Products, Inc. 36966 6,017.36 Chemicals,Water/Wastewater Treatment New Horizons Computer Learning Center 37116 300.00 Professional Organizations Meeting/Training/Membership Newark Electronics 37117 91.98 Electrical/Electronic Equipment,Parts&Repairs Nickell Metal Spray 36967 850.00 Repair&Maintenance Services and/or Supplies Ninyo&Moore 36968 6,317.94 Professional Services/Geotech&Material Testing Norco Delivery 36969 453.56 Delivery Services NRG Engine Services,L.L.C. 36970 3,513.94 Repair&Maintenance Services and/or Supplies OCEA 37118 692.25 Dues Deductible Office Depot 36971 891.66 Office Supplies Office Depot 37119 266.52 Office Supplies OI Analytical 37120 3,156.70 Laboratory Services&Supplies Olin Corporation 37121 11,983.64 Chemicals,Water/Wastewater Treatment Omega Industrial Supply, Inc. 36972 3,606.62 Janitor&Household Service&Supplies OneSource Distributors,Inc. 36973 523.95 Electrical/Electronic Equipment,Parts&Repairs OneSource Distributors,Inc. 37122 642.04 Electrical/Electronic Equipment,Parts&Repairs Oracle America, Inc. 36974 265.75 Software Maintenance Agreement Oracle America, Inc. 37123 2,016.24 Software Maintenance Agreement Orange County Sanitation District 37025 1,375.44 Petty Cash Expense Orange County United Way 37125 40.00 Employee Contributions EXHIBIT A fin/210/Ic Page 4 of 7 2/28/2011 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description Orange County Water District 36889 44,880.60 GAP Water Oxygen Service Company 36975 963.33 Laboratory Services&Supplies Oxygen Service Company 37126 197.27 Laboratory Services&Supplies Pacific Mechanical Supply 36976 18.70 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 37127 779.16 Repair&Maintenance Services and/or Supplies Pacific Parts and Controls,Inc. 37128 1,241.93 Repair&Maintenance Services and/or Supplies PC Helps Support,LLC 37129 3,750.00 Professional Services Meeting/Training/Memebership Peace Officers Council of CA 37130 2,300.00 Dues Deductions,Supervisors&Professionals PL Hawn Company, Inc. 36977 1,840.05 Repair&Maintenance Services and/or Supplies PL Hawn Company, Inc. 37131 2,253.30 Repair&Maintenance Services and/or Supplies Polydyne, Inc. 350 24,625.29 Chemicals,Water/WastewaterTreatment Ponton Industries,Inc. 36978 4,129.59 Laboratory Services&Supplies Praxair Distribution,Inc. 37132 125.91 Laboratory Services&Supplies Primary Source Office Furnishings,Inc. 37133 686.21 Minor Equipment/Furniture&Fixtures Projectline Technical Services, Inc. 36979 10,231.50 Professional Services/Engineering Design Services Prudential Overall Supply 37134 1,503.29 Uniforms Pump Action 37135 1,776.16 Oil Filters Pumping Solutions,Inc. 36980 583.46 Repair&Maintenance Services and/or Supplies R L Abbott&Associates 36981 1,000.00 Professional Services/Advocacy Efforts R S Means Company, Inc. 36985 491.92 Books and Publications Rainin Instrument,L.L.C. 37137 171.28 Laboratory Services&Supplies Robert Half International,Inc. 36982 4,964.00 Computer Applications&Services Robert Half International,Inc. 37138 9,695.32 Computer Applications&Services Robert P.Ghirelli 37020 648.87 Meeting/Training Expense Reimbursement Roberto's Auto Trim Shop 36983 212.49 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Roto Rooter NOC#11 36984 1,040.16 Repair&Maintenance Services and/or Supplies Royale Cleaners 37139 112.10 Miscellaneous Services Rutland Tool&Supply 36986 98.06 Miscellaneous Parts and Supplies Rutland Tool&Supply 37140 21.99 Repair&Maintenance Services and/or Supplies Sachs Electric Company 37034 327,736.00 Professional Services/Central Generation Automation Safety Environmental Consulting 37141 2,600.00 Safety,Security,Health Equipment,Supplies,and Services Safety-Kleen 36987 330.26 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologies, Inc. 36988 1,051.24 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologies, Inc. 37142 1,606.06 Repair&Maintenance Services and/or Supplies SARBS 37143 220.00 Professional Organizations Meeting/Training/Membership Schwing Bioset 353 1,060.83 Repair&Maintenance Services and/or Supplies Sea Coast Designs,Inc. 37145 214.96 Furniture SETAC 36990 160.00 Professional Organizations Meeting/Training/Membership Shamrock Supply Co.,Inc. 36991 698.82 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 37146 5,291.02 Repair&Maintenance Services and/or Supplies Shepard Brothers,Inc. 37147 5,774.14 Chemicals,Water/WastewaterTreatment Sigma-Aldrich,Inc. 37148 115.72 Laboratory Services&Supplies Simon L.Watson 37180 488.26 Meeting/Training Expense Reimbursement Smith Paint and Supply 37149 110.30 Painting Services and Supplies So.Cal Gas Company 36992 11,572.79 Utilities So.Cal Gas Company 37028 25,181.94 Utilities South Coast Environmental Co. 36989 3,835.44 Professional Services-Air Quality Monitoring South Coast Environmental Co. 37144 13,493.28 Professional Services-Air Quality Monitoring South Coast Shipyard, Inc. 36993 297.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services EXHIBIT A fin/210/Ic Page 5 of 7 2/28/2011 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description Southern California Edison 37029 91,653.56 Utilities Sparling Instruments,Inc. 37150 465.42 Instrument Parts&Supplies SPEX Certiprep, Inc. 36994 177.96 Laboratory Services&Supplies SSPC The Society for Protective Coating 36995 95.00 Professional Organizations Meeting/Training/Membership Stantec Consulting Services,Inc. 36996 542.00 Professional Services/Surveying Staples 36997 89.27 Office Supplies Stratus Environmental, Inc. 36998 3,375.00 Professional Services/Groundwater Removal Stryper Technologies 37030 42,980.00 Computer Hardware&Software Summit Steel 37151 761.25 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 37152 586.69 Repair&Maintenance Services and/or Supplies Synagro West,Inc. 36890 588,425.55 Biosolids Management TekSystems 37153 2,624.40 Professional Services/Temporary Services Tektronix Service Solutions 37154 123.20 Laboratory Services&Supplies TestAmerica Ontario 36999 1,176.00 Laboratory Services&Supplies TestAmerica Ontario 37155 1,009.00 Laboratory Services&Supplies Tetra Tech,Inc. 37000 6,775.66 Professional Services/Engineering Design ServicesS The Fire X-Tinguisher Service Co. 36927 1,315.23 Safety,Security,Health Equipment,Supplies,and Services The Orange County Register 37124 1,112.00 Notices&Ads The Trane Company 37003 5,090.00 Repair&Maintenance Services and/or Supplies The Wackenhut Corporation 37012 2,997.28 Safety,Security,Health Equipment,Supplies,and Services Thompson Industrial Supply,Inc. 37001 48.94 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 37156 405.02 Repair&Maintenance Services and/or Supplies Tiano Construction 37002 3,850.00 Facilities,Maintenance,Services&Supplies Tiano Construction 37157 3,450.00 Facilities,Maintenance,Services&Supplies Tortuga Pool Service 37158 620.00 Repair&Maintenance Services and/or Supplies Tropical Plaza Nursery, Inc. 37159 18,137.50 Landscape Maintenance Services Truck&Auto Supply, Inc. 37160 611.86 Autos,Trucks&Marine Equipment,Parts,Accessories&Services TSG Enterprises,Inc. 37161 6,783.00 Professional Services/Construction Support Services Tule Ranch/Magan Farms 36891 118,430.21 Biosolids Management Ultra Scientific 37162 71.06 Laboratory Services&Supplies Union Bank of California Escrow 37019 8,935.85 Construction,Retention United Parcel Service 37004 26.57 Freight Services United Parcel Service 37163 50.90 Freight Services Universal Flooring Systems, Inc. 37164 932.00 Facilities,Maintenance,Services&Supplies US Netting 37005 2,684.56 Repair&Maintenance Services and/or Supplies US Peroxide,L.L.C. 37006 15,895.62 Chemicals,Water/Wastewater Treatment USA Supply,Inc. 37007 793.88 Repair&Maintenance Services and/or Supplies Vapex Products, Inc. 37008 5,642.79 Electrical/Electronic Equipment,Parts&Repairs Verizon California 37009 631.94 Telecommunications Verizon California 37165 102.51 Telecommunications Verizon Wireless 37010 622.24 Telecommunications Verne's Plumbing 36892 26,214.37 Plumbing Services&Supplies Verne's Plumbing 37166 4,380.00 Plumbing Services&Supplies VWR Scientific Products 37011 2,795.71 Laboratory Services&Supplies VWR Scientific Products 37167 599.17 Laboratory Services&Supplies Wastewater Technology Trainers 37168 1,290.00 Professional Organizations Meeting/Training/Membership Water Environment Federation 37013 220.00 Professional Organizations Meeting/Training/Membership Water Environment Federation 37169 798.00 Professional Organizations Meeting/Training/Membership WaterReuse Association 37014 350.00 Professional Organizations Meeting/Training/Membership EXHIBIT A fin/210nc Page 6 of 7 2/28/2011 Claims Paid From 02/01/11 to 02/15/11 Vendor Warrant No. Amount Description Weck Laboratories, Inc. 37015 16.00 Laboratory Services&Supplies West Lite Supply Company, Inc. 37016 140.00 Electrical/Electronic Equipment, Parts&Repairs West Lite Supply Company, Inc. 37170 502.04 Electrical/Electronic Equipment, Parts&Repairs Woodruff Spradlin&Smart 37031 41,000.08 Professional Services-Legal Xerox Corporation 37017 19,187.04 Computers,Software/Hardware&Managed Services Yale/Chase Materials Handling,Inc. 37018 1,646.94 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs Yale/Chase Materials Handling, Inc. 37171 616.30 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs Total Accounts Payable-Warrants $ 5,079,185.38 Payroll Disbursements Employee Paychecks 46322 - 46347 $ 4,388.00 Interim Payroll-ARBA(02/01/11)*&" Employee Paychecks 46355 - 46414 98,688.06 Biweekly Payroll(02/09/11) Employee Paychecks 46415 846.32 Interim Payroll-Check dated 12131110,but cut and released 02/04/11 due to annual con Direct Deposit Statements 199591 -199712 20,529.00 Interim Payroll-ARBA(02/01/11) Direct Deposit Statements 199713 -200282 1,374,023.54 Biweekly Payroll(02/09/11) Total Payroll Disbursements $ 1,498,474.92 Warrants 46322-46347 printed out of order from the previous period. *'Warrants 46348-46354 were printed and disbursed on the previous period. Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 818,450.51 Biweekly Payroll(02/09/11) Intercare Insurance Services $ 26,000.32 Workers'Compensation Services Total Wire Transfer Payments $ 844,450.83 Total Claims Paid 02/01/11 -02/15/11 $ 7,422,111.13 EXHIBIT A fin/210/Ic Page 7 of 7 2/28/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description Accounts Payable Warrants JCI Jones Chemicals,Inc. 354 63,632.37 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 355 49,777.60 Chemicals,Water/Wastewater Treatment Propipe Professional Pipe Services 356 244.40 Professional Services/CCTV Sewerline Inspections Schwing Bioset 357 4,671.73 Repair&Maintenance Services and/or Supplies JCI Jones Chemicals,Inc. 358 38,171.48 Chemicals,Water/Wastewater Treatment Kemira Water Solutions 359 96,748.50 Chemicals,Water/Wastewater Treatment Basic Chemical Solutions,L.L.C. 360 3,081.40 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 361 3,307.52 Chemicals,Water/Wastewater Treatment Schwing Bioset 362 16,640.20 Repair&Maintenance Services and/or Supplies American Express 37181 52,413.97 Purchasing Card Program for Miscellaneous Parts and Supplies Blue Cross of California 37182 591,131.80 Employee Benefits CORRPRO Companies,Inc. 37183 53,017.00 Professional Services/Temporary Services Enertech Environmental 37184 512,903.59 Biosolids Management Kaiser Foundation Health Plan 37185 117,480.52 Employee Benefits Preferred Benefit Insurance Administrators,Inc. 37186 77,617.60 Employee Benefits Projects Partners 37187 26,642.00 Professional Services/Temporary Employment Services Prudential Insurance Company of America 37188 41,547.31 Benefits Sancon Engineering, Inc. 37189 76,530.00 Repair&Maintenance Services and/or Supplies Tule Ranch/Magan Farms 37190 107,542.65 Biosolids Management J.F.Shea Construction, Inc. 37191 198,427.61 Construction Voided Check 37192 - Voided Check 37193 - WeIIs Fargo Bank Escrow 23518600 37194 47,029.10 Construction,Retention Voided Check 37195 - - WeIIs Fargo Bank Escrow 23861100 Kiewit 37196 25,775.00 Construction,Retention A-Check America, Inc. 37197 732.25 Human Resources Services Abrasive Blasting Service 37198 2,800.00 Repair&Maintenance Services and/or Supplies Absolute Standards, Inc. 37199 385.00 Laboratory Services&Supplies Ace Glass,Inc. 37200 368.95 Laboratory Services&Supplies AIR LIQUIDE AMERICA SPECIALTY GASES LLC 37201 75.95 Laboratory Services&Supplies Airgas Safety, Inc. 37202 2,239.60 Safety,Security,Health Equipment,Supplies,and Services Airgas West 37203 1,523.44 Repair&Maintenance Services and/or Supplies AKM Consulting Engineers 37204 13,920.00 Professional Services/Dig Alert Associate Engineer American Chemical Society 37205 158.00 Professional Organizations Meeting/Training/Membership American Chemical Society 37206 1,795.00 Professional Organizations Meeting/Training/Membership Amtech Elevator Services 37207 1,070.00 Miscellaneous Services Applied Industrial Technology 37208 14.86 Repair&Maintenance Services and/or Supplies Arizona Instruments,L.L.C. 37209 3,141.66 Electrical/Electronic Equipment,Parts&Repairs AT&T Mobility II,L.L.C. 37210 1,266.36 Telecommunications Awards&Trophies Company 37211 201.19 Awards and Framing Services BEAC Board of Environmental Health& 37212 165.00 Professional Organizations Meeting/Training/Membership Beach Wire and Cable 37213 80.42 Telecommunications Bondlogistix L.L.C. 37214 4,250.00 Professional Financial Services Buchalter Nemer 37215 1,428.00 Professional Legal Services Burlington Safety Laboratory of CA, Inc. 37216 434.00 Safety,Security,Health Equipment,Supplies,and Services California Relocation Services, Inc. 37217 180.00 Miscellaneous Services-Moving/Relocation Career Track 37218 299.00 Professional Organizations Meeting/Training/Membership Carl Warren&Co. 37219 281.25 Professional Services-Workers'Compensation EXHIBIT B fin/210/cs Page 1 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description City of Garden Grove 37220 296.26 Water Use Clean Harbors Environmental Services 37221 432.21 Grit&Screenings;Hazard Waste Disposal CMAA 37222 100.00 Professional Organizations Meeting/Training/Membership County of Orange Auditor Controller 37223 555.00 Governmental Agency Fees&Charges Crane Veyor Corp. 37224 675.00 Repair&Maintenance Services and/or Supplies Culligan of Orange County 37225 541.83 Repair&Maintenance Services and/or Supplies CWEA Annual Conference 37226 1,089.00 Professional Organizations Meeting/Training/Membership David Wheeler Pest Control,Inc. 37227 2,332.00 Pest Control Services Dionex Corporation 37228 114.19 Laboratory Services&Supplies Drake Controls-West,L.L.C. 37229 4,501.55 Electrical/Electronic Equipment,Parts&Repairs Dunn-Edwards Corporation 37230 145.18 Facilities,Maintenance,Services&Supplies Eagle Protection of California 37231 275.00 Safety,Security,Health Equipment,Supplies,and Services Environ Strategy Consultants, Inc. 37232 3,350.00 Professional Services-Quarterly Sampling of Groundwater Monitoring Wells in the Auto Environmental Resource Associates 37233 1,550.13 Laboratory Services&Supplies Ewing Irrigation 37234 19.14 Irrigation Repair&Maintenance Services and/or Supplies Fedex Corporation 37235 47.57 Freight Services The Fire X-Tinguisher Service Co. 37236 271.00 Safety,Security,Health Equipment,Supplies,and Services Fountain Valley AAA Auto Spa 37237 1,499.09 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Frys Electronics 37238 365.27 Computers,Software/Hardware Golden West Window Service 37239 3,142.00 Facilities,Maintenance,Services&Supplies Goodwill Industries of Orange County 37240 394.88 FOG Outreach Distribution Services The Wackenhut Corporation 37241 13,000.32 Safety,Security,Health Equipment,Supplies,and Services Hewlett Packard Company 37242 2,209.31 Computers,Software/Hardware Home Depot 37243 981.10 Miscellaneous Parts and Supplies Hope Health/IHAC 37244 560.21 Benefits Hub Auto Supply 37245 160.10 Autos,Trucks&Marine Equipment,Parts,Accessories&Services City of Huntington Beach 37246 12.04 Water Use Hyatt Legal Plans,Inc. 37247 1,260.00 Voluntary Employee Benefit Program Industrial Threaded Products, Inc. 37248 1,792.58 Repair&Maintenance Services and/or Supplies Intercare Holdings Insurance Svcs., Inc. 37249 4,216.67 Workers'Compensation Service Irvine Ranch Water District 37250 9.21 Water Use JG Tucker And Son, Inc. 37251 1,227.65 Safety,Security,Health Equipment,Supplies,and Services Jamison Engineering Contractors,Inc. 37252 4,985.00 Professional Services/Construction Support Services Kanawha Insurance Company 37253 2,414.92 Voluntary Benefits-SSTD Insurance Leslie S.Marell 37254 167.50 Books&Publications Mantek 37255 523.24 Miscellaneous Parts and Supplies Marinus Scientific 37256 87.00 Laboratory Services&Supplies Master Distributors 37257 120.47 Mechanical Parts&Supplies Matt Chlor, Inc. 37258 817.14 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 37259 1,244.48 Repair&Maintenance Services and/or Supplies Midway Mfg.&Machining Co. 37260 1,609.50 Repair&Maintenance Services and/or Supplies Mission Abrasive&Janitorial Supplies 37261 95.04 Janitorial&Household Services&Supplies National Water Research Institute 37262 10,000.00 Professional Organizations Meeting/Training/Membership Neal Supply Co. 37263 4,800.58 Repair&Maintenance Services and/or Supplies Neutron Products, Inc. 37264 11,939.46 Chemicals,Water/WastewaterTreatment Newark Electronics 37265 986.28 Electrical/Electronic Equipment,Parts&Repairs Norman A.Traub Associates 37266 4,252.25 Legal Services Office Depot 37267 4,390.60 Office Supplies OneSource Distributors,Inc. 37268 2,908.98 Electrical/Electronic Equipment,Parts&Repairs EXHIBIT B fin/210/cs Page 2 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description Orange County Vector Control District 37269 95.61 Pest Control Oxygen Service Company 37270 1,383.23 Laboratory Services&Supplies Pacific Mechanical Supply 37271 2,531.80 Repair&Maintenance Services and/or Supplies Pacific 4 37272 924.38 Janitorial&Household Services and/or Supplies Peak Technologies 37273 1,645.06 Laboratory Services&Supplies Performance Pipeline Technologies 37274 24,529.73 Professional Services/CCTV Inspection/Sewerline Cleaning PL Hawn Company, Inc. 37275 643.17 Repair&Maintenance Services and/or Supplies Praxair Distribution,Inc. 37276 364.33 Laboratory Services&Supplies Primrose Ice Co., Inc. 37277 105.00 Water&Ice Services Process Equipment Company 37278 4,998.13 Repair&Maintenance Services and/or Supplies Quickstart Intelligence 37279 1,849.00 Professional Organizations Meeting/Training/Membership Rainbow Disposal Co. 37280 4,352.29 Waste Disposal Rainbow Nut&Bolt,Inc. 37281 116.02 Repair&Maintenance Services and/or Supplies Rainin Instrument,L.L.C. 37282 297.27 Laboratory Services&Supplies RBF Consulting 37283 21,932.68 Professional Services/Engineering Design Services Reliastar 37284 4,767.26 Voluntary Employee Life&Cancer Insurance RHJ Consulting, Inc. 37285 4,999.99 Professional Services-Legal Robert Half International,Inc. 37286 2,357.90 Computer Applications&Services Rockwell Engineering&Equipment Co. 37287 2,914.50 Repair&Maintenance Services and/or Supplies Roto Rooter NOC#11 37288 220.77 Repair&Maintenance Services and/or Supplies Rotork Controls,Inc. 37289 557.89 Electrical/Electronic Equipment,Parts&Repairs Royale Cleaners 37290 77.10 Miscellaneous Services RSA Soil Products 37291 2,270.63 Miscellaneous Parts and Supplies Rutland Tool&Supply 37292 51.98 Miscellaneous Parts and Supplies San Diego/Orange Fluid System Technologies, Inc. 37293 2,020.54 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologies, Inc. 37293 794.28 Repair&Maintenance Services and/or Supplies SARBS 37294 110.00 Professional Organizations Meeting/Training/Membership Shureluck Sales&Engineering 37295 1,030.95 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 37296 1,491.56 Repair&Maintenance Services and/or Supplies Sigma-Aldrich,Inc. 37297 307.74 Laboratory Services&Supplies Southern California Edison 37298 1,482.49 Utilities Sparklett-Dallas 37299 466.49 Miscellaneous Services Stanley Steamer International,Inc. 37300 2,754.00 Janitor&Household Service&Supplies Staples 37301 191.20 Office Supplies Summit Steel 37302 2,244.60 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 37303 105.38 Repair&Maintenance Services and/or Supplies TestAmerica Ontario 37304 5,882.00 Laboratory Services&Supplies The Standard Insurance Company 37305 2,571.27 Disability Insurance The Walking Man, Inc. 37306 4,700.00 Miscellaneous Services Time Warner Communications 37307 59.19 Telecommunications T-Mobile 37308 109.63 Telecommunications Tortuga Pool Service 37309 3,170.00 Repair&Maintenance Services and/or Supplies Townsend Public Affairs 37310 7,500.00 Professional Services-State Legislative Advocacy Traffic Control Service,Inc. 37311 95.48 Safety,Security,Health Equipment,Supplies,and Services TW Telecom Holdings,Inc. 37312 3,602.21 Telecommunications Ultra Scientific 37313 56.91 Laboratory Services&Supplies Underground Service Alert of So.Calif 37314 1,333.50 Professional Services-Dig Alert Notification Service United Parcel Service 37315 36.79 Freight Services Universal Flooring Systems, Inc. 37316 701.00 Facilities,Maintenance,Services&Supplies EXHIBIT B fin/210/cs Page 3 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description US Equipment Co.,Inc. 37317 2,520.59 Repair&Maintenance Services and/or Supplies Vapex Products, Inc. 37318 2,740.50 Electrical/Electronic Equipment,Parts&Repairs Verizon California 37319 1,698.84 Telecommunications Verne's Plumbing 37320 11,938.42 Plumbing Services&Supplies Vision Financial Corporation 37321 1,136.56 Employee Voluntary Benefits Vortex Corp. 37322 2,177.20 Repair&Maintenance Services and/or Supplies Voyager Fleet Systems,Inc. 37323 20,516.22 Autos,Trucks&Marine Equipment,Parts,Accessories&Services VWR Scientific Products 37324 2,736.24 Laboratory Services&Supplies Wastewater Technology Trainers 37325 495.00 Professional Organizations Meeting/Training/Membership Water Environment Federation 37326 619.00 Professional Organizations Meeting/Training/Membership Waters Corporation 37327 2,250.00 Laboratory Services&Supplies Waxie Sanitary Supply 37328 930.47 Janitor&Household Service&Supplies West Coast Safety Supply Co. 37329 1,517.13 Safety,Security,Health Equipment,Supplies,and Services Woodruff Spradlin&Smart 37330 4,764.44 Professional Services-Legal Wells Fargo Bank Esc 80556300 Kiewit 37331 20,260.15 Construction,Retention Nicholas J.Arhontes 37332 125.00 Meeting/Training Expense Reimbursement Emilio Ariston 37333 81.00 Meeting/Training Expense Reimbursement Curt V.Shelp 37334 190.00 Meeting/Training Expense Reimbursement Voided Check 37335 - - William M.Crosby 37336 100,000.00 Claim Settlement Applied Filter Technology,Inc. 37337 38,551.88 Repair&Maintenance Services and/or Supplies Black&Veatch Corporation 37338 123,796.63 Professional Services/Engineering Design Services Brown&Caldwell 37339 95,430.12 Professional Services/Engineering Design Services Caltrol, Inc. 37340 30,333.03 Electrical/Electronic Equipment,Parts&Repairs Carollo Engineers 37341 112,610.92 Professional Services/Engineering Design Services Employment Development Dept. 37342 25,455.94 Unemployment Insurance Lee&Ro,Inc. 37343 41,179.62 Professional Services/Engineering Design Services MJL Consulting 37344 50,398.74 Professional Services/Annual Contract Painting MWH Americas, Inc. 37345 452,903.92 Professional Services/Engineering Design Services Orange County Water District 37346 54,772.02 GAP Water Projects Partners 37347 41,484.00 Professional Services/Temporary Employment Services South Coast Air Quality Management District 37348 32,620.01 Governmental Agency Fees&Charges US Peroxide,L.L.C. 37349 59,418.69 Chemicals,Water/Wastewater Treatment J R Filanc Construction 37350 442,738.26 Construction A&J Sheet Metal, Inc. 37351 380.63 Repair&Maintenance Services and/or Supplies Andres Technicl Plating 37352 308.72 Reconciliation User Fee Refund Program Absolute Standards, Inc. 37353 45.00 Laboratory Services&Supplies AccuStandard 37354 86.59 Laboratory Services&Supplies Adamson Industries 37355 503.54 Safety,Security,Health Equipment,Supplies,and Services AECOM Technical Services,Inc. 37356 8,146.76 Professional Services/Engineering Design Services Airgas Safety, Inc. 37357 2,094.00 Safety,Security,Health Equipment,Supplies,and Services Airgas West 37358 1,949.07 Repair&Maintenance Services and/or Supplies Alhambra Foundry Co.,Ltd. 37359 16,808.40 Repair&Maintenance Services and/or Supplies Alta-Robbins,Inc. 37360 324.88 Electrical/Electronic Equipment,Parts&Repairs American Express TVL Related Svcs.Co., Inc. 37361 1,415.27 Purchasing Card Program for Miscellaneous Travel Expenses American Training Resources, Inc. 37362 1,624.89 Safety,Security,Health Equipment,Supplies,and Services AMS Acoustical Material Services 37363 193.66 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 37364 67.86 Repair&Maintenance Services and/or Supplies ARK Technologies 37365 6,254.40 Programming Services EXHIBIT B fin/210/cs Page 4 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description ASTD American Society for Training&Dev 37366 199.00 Professional Organizations Meeting/Training/Membership AT&T Universal Biller 37367 118.17 Telecommunications AT&T Long Distance. 37368 24.84 Telecommunications AWSI 37369 168.00 Professional Services-DOT Program Administration Aztec Signal 37370 2,921.33 Electrical/Electronic Equipment,Parts&Repairs Brosowke,Paul&Elizabeth 37371 2,716.54 User Fee Refund Regarding Septic Tanks Barragan Corp.International 37372 4,909.00 Professional Organizations Meeting/Training/Membership Bartel Associates,L.L.C. 37373 15,320.00 Professional Services-Actuarial Services,Benefits Review and Cost Analysis Battery Specialties 37374 72.56 Batteries,Various Battery Systems,Inc. 37375 906.23 Repair&Maintenance Services and/or Supplies BC Wire Rope&Rigging 37376 1,200.00 Tools&Supplies BioExpress 37377 188.15 Laboratory Services&Supplies BP Energy Company 37378 17,562.36 Natural Gas Bush&Associates,Inc. 37379 11,500.00 Professional Services/Surveying Services California Barricade Rentals 37380 1,300.00 Miscellaneous Services California Dept.of Child Support 37381 1,919.51 Judgments Payable Careers In Government, Inc. 37382 1,380.00 Notices&Ads CASA 37383 550.00 Professional Organizations Meeting/Training/Membership CORNER BAKERY CAFE(CBC) 37384 123.21 Meeting Expenses Circle,Inc. 37385 321.07 Copier Toner/Ink Supplies City of Tustin 37386 250.00 Water Use Compressor Components of California 37387 3,060.00 Repair&Maintenance Services and/or Supplies Concept Power,Inc. 37388 410.92 Electrical/Electronic Equipment,Parts&Repairs Condenser&Chiller Services, Inc. 37389 181.46 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 37390 232.24 Repair&Maintenance Services and/or Supplies Converse Consultants 37391 10,040.00 Professional Services/Professional Services/Materials&Geotechnical Testing Corporate Business Interiors 37392 184.99 Furniture/Fixtures County of Orange Auditor Controller 37393 675.00 Governmental Agency Fees&Charges CR&R,Inc. 37394 1,260.00 Waste Disposal CS-AMSCO 37395 2,256.47 Repair&Maintenance Services and/or Supplies Curley Wholesale Electric, Inc. 37396 953.98 Electrical/Electronic Equipment,Parts&Repairs CWEA-TCP 37397 76.00 Professional Organizations Meeting/Training/Membership Dean Food Company 37398 14,602.35 Reconciliation User Fee Refund Program DLT&V Systems Engineering,Inc. 37399 8,662.23 Computer Applications&Services Dresser,Inc. 37400 2,235.46 Instrument Parts&Supplies Dunn-Edwards Corporation 37401 357.26 Facilities,Maintenance,Services&Supplies Eaton Aerospace,L.L.C. 37402 898.60 Reconciliation User Fee Refund Program Employee Benefits Specialists, Inc. 37403 13,673.55 Reimbursed Prepaid Employee Medical&Dependent Care EMSL Analytical, Inc. 37404 611.00 Safety,Security,Health Equipment,Supplies,and Services Enchanter, Inc. 37405 3,800.00 Vessel Services-Monitoring Vessel Nerissa Environmental Water Solutions, Inc. 37406 2,010.92 Repair&Maintenance Services and/or Supplies Express Lens Lab 37407 3,273.81 Safety,Security,Health Equipment,Supplies,and Services Fedex Corporation 37408 87.18 Freight Services Fisher Scientific 37409 635.57 Laboratory Services&Supplies Fleetmatics USA,Inc. 37410 152.08 Professional Services-Human Resources Fountain Valley Paints, Inc. 37411 14.40 Facilities,Maintenance,Services&Supplies Franchise Tax Board 37412 472.83 Judgments Payable George Weston Bakeries,Inc. 37413 932.47 Reconciliation User Fee Refund Program Garratt Callahan Company 37414 4,891.80 Chemicals,Water/Wastewater Treatment EXHIBIT B fin/210/cs Page 5 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description GBC(General Binding Corp) 37415 49.11 Office Supplies George Yardley Co. 37416 446.25 Repair&Maintenance Services and/or Supplies Getinge Castle 37417 470.00 Laboratory Services&Supplies Golden State Overnight Delivery Service 37418 268.16 Courier Services Golden West Window Service 37419 6,335.00 Facilities,Maintenance,Services&Supplies Grainger,Inc. 37420 1,042.01 Repair&Maintenance Services and/or Supplies New Hermes, Inc. 37421 315.13 Tools Guarantee Records Management 37422 495.48 Professional Services-Document Storage&Shredding The Wackenhut Corporation 37423 6,496.80 Safety,Security,Health Equipment,Supplies,and Services Hach Company 37424 2,891.96 Laboratory Services&Supplies Harrington Industrial Plastics, Inc. 37425 4,820.63 Repair&Maintenance Services and/or Supplies Hilti,Inc. 37426 314.17 Repair&Maintenance Services and/or Supplies Home Depot 37427 214.68 Miscellaneous Parts and Supplies City of Huntington Beach 37428 73.50 Water Use Irvine Sensors Corp. 37429 670.00 Reconciliation User Fee Refund Program Indiana Child Support Bureau 37430 290.00 Judgments Payable Intl.Union of Oper.Eng.AFL CIO Local 501 37431 4,901.33 Dues Deductions Irvine Ranch Water District 37432 47.38 Water Use Jamison Engineering Contractors,Inc. 37433 2,016.00 Professional Services/Construction Support Services Court Order 37434 2,179.38 Judgments Payable LECO Corporation 37435 14,050.00 Laboratory Services&Supplies Court Order 37436 150.00 Judgments Payable Meredith Garden Grove 1 37437 8,724.40 Reconciliation User Fee Refund Program Multi-Fineline Electronix, Inc. 37438 4,134.65 Reconciliation User Fee Refund Program Machado Environmental Corp. DBA Air Duct Cleaning 37439 18,780.00 Repair&Maintenance Services and/or Supplies McBain Instruments 37440 417.50 Repair&Maintenance Services-Microscope McMaster-Carr Supply Co. 37441 578.85 Repair&Maintenance Services and/or Supplies Mid-West Associates,Inc. 37442 1,762.47 Repair&Maintenance Services and/or Supplies Miele,Inc. 37443 135.86 Laboratory Services&Supplies Mission Abrasive&Janitorial Supplies 37444 503.80 Janitorial&Household Services&Supplies Mission Valley Sanitation,Inc. 37445 190.00 Reconciliation User Fee Refund Program Court Order 37446 225.00 Judgments Payable MTM Recognition Corporation 37447 562.32 Service Awards Municipal Equipment Maintenance Association 37448 75.00 Professional Organizations Meeting/Training/Membership Newark Electronics 37449 20.15 Electrical/Electronic Equipment,Parts&Repairs NRC Environmental Services 37450 25.00 Waste Oil Pick-Up&Disposal Services O C Tanner Recognition Company 37451 1,600.62 Service Awards OCEA 37452 692.25 Dues Deductible Office Depot 37453 684.44 Office Supplies Omega Engineering Inc 37454 3,299.04 Electrical/Electronic Equipment,Parts&Repairs OneSource Distributors,Inc. 37455 84.93 Electrical/Electronic Equipment,Parts&Repairs Orange County Sheriff 37456 596.47 Judgments Payable Orange County United Way 37457 40.00 Employee Contributions Oxygen Service Company 37458 850.29 Laboratory Services&Supplies Pacific Mechanical Supply 37459 253.97 Repair&Maintenance Services and/or Supplies Parker Supply Company 37460 666.99 Miscellaneous Parts and Supplies Patriot Video Productions 37461 483.10 Miscellaneous Services PBS&J 37462 22,375.69 Professional Services/Engineering Design Services Peace Officers Council of CA 37463 2,311.50 Dues Deductions,Supervisors&Professionals EXHIBIT B fin/210/cs Page 6 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description Performance Pipeline Technologies 37464 2,050.00 Professional Services/CCTV Inspection/Sewerline Cleaning PL Hawn Company, Inc. 37465 206.91 Repair&Maintenance Services and/or Supplies Precon Products 37466 878.74 Repair&Maintenance Services and/or Supplies Primary Source Office Furnishings,Inc. 37467 700.35 Minor Equipment/Furniture&Fixtures Procare Work Injury Center 37468 290.00 Medical Services Prudential Overall Supply 37469 4,988.98 Uniforms RF MacDonald Co. 37470 394.57 Repair&Maintenance Services and/or Supplies Reid Metal Finishing 37471 200.10 Reconciliation User Fee Refund Program Court Order 37472 108.00 Judgments Payable Rainin Instrument,L.L.C. 37473 690.02 Laboratory Services&Supplies Red Wing Shoes 37474 170.00 Safety,Security,Health Equipment,Supplies,and Services Robert Half International,Inc. 37475 2,482.00 Computer Applications&Services Royale Cleaners 37476 90.30 Miscellaneous Services R S Means Company, Inc. 37477 516.92 Books and Publications Safety Environmental Consulting 37478 500.00 Safety,Security,Health Equipment,Supplies,and Services Safety Max 37479 603.20 Safety,Security,Health Equipment,Supplies,and Services San Diego/Orange Fluid System Technologies, Inc. 37480 2,569.84 Repair&Maintenance Services and/or Supplies Shamrock Supply Co.,Inc. 37481 2,014.92 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 37482 154.97 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 37483 1,180.74 Repair&Maintenance Services and/or Supplies Sigma-Aldrich,Inc. 37484 4,327.51 Laboratory Services&Supplies So.Cal Gas Company 37485 1,851.89 Utilities South Coast Air Quality Management District 37486 21,813.73 Governmental Agency Fees&Charges Southern Counties Lubricants 37487 4,076.92 Fuel and Lubricants SPEX Certiprep, Inc. 37488 96.04 Laboratory Services&Supplies St.Croix Sensory,Inc. 37489 3,593.96 Outside Laboratory Services Summit Steel 37490 1,847.62 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 37491 991.78 Repair&Maintenance Services and/or Supplies Systea Scientific,L.L.C. 37492 152.15 Laboratory Services&Supplies TEG STAFFING,INC. 37493 9,205.50 Temporary Employment Services TekSystems 37494 2,916.00 Professional Services/Temporary Services Tektronix Service Solutions 37495 123.20 Laboratory Services&Supplies The Cal Group,Inc. 37496 1,867.79 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply,Inc. 37497 1,946.55 Repair&Maintenance Services and/or Supplies Tiano Construction 37498 2,750.00 Facilities,Maintenance,Services&Supplies Traffic Control Service,Inc. 37499 875.13 Safety,Security,Health Equipment,Supplies,and Services Tropical Plaza Nursery, Inc. 37500 480.00 Landscape Maintenance Services UC Regents 37501 725.00 Professional Organizations Meeting/Training/Membership United Parcel Service 37502 1,004.46 Freight Services US Netting 37503 2,945.22 Repair&Maintenance Services and/or Supplies Valin Corporation 37504 3,564.99 Repair&Maintenance Services and/or Supplies Verizon California 37505 49.30 Telecommunications GTE.NET,L.L.C.(Verizon Online) 37506 99.00 Telecommunications Vortex Corp. 37507 1,913.90 Repair&Maintenance Services and/or Supplies VWR Scientific Products 37508 120.05 Laboratory Services&Supplies VWR Scientific Products 37508 2,767.43 Laboratory Services&Supplies West Coast Safety Supply Co. 37509 4,586.07 Safety,Security,Health Equipment,Supplies,and Services Xpedex Paper&Graphics(formerly Kirk) 37510 159.63 Office Supplies Court Order 37511 912.50 Judgments Payable EXHIBIT B fin/210/cs Page 7 of 8 3/2/2011 Claims Paid From 02/16/11 to 02/28/11 Vendor Warrant No. Amount Description Wesley G.Bauer, II 37512 593.43 Meeting/Training Expense Reimbursement CASA 37513 2,125.00 Professional Organizations Meeting/Training/Membership Prism Business Media 37514 2,450.00 Publication Orange County Sanitation District 37515 1,136.59 Petty Cash Expense Total Accounts Payable-Warrants $ 4,648,771.05 Payroll Disbursements Employee Paychecks 46416 - 46463 $ 101,580.18 Biweekly Payroll(02/23/11) Employee Paychecks 46464 - 46489 - Interim Payroll-ARBA(03/01/11)` Employee Paychecks 46490 - 46494 12,982.05 Interim Payroll-Retirements&Termination (02/24/11) Employee Paychecks 46495 - 46499 19,418.65 Interim Payroll-Retirements&Termination Payouts(02/24/11) Employee Paychecks 46500 - Interim Payroll-Voided Ck#46234($882.06)&Reissued as Ck#46500$882.06(02/28) Direct Deposit Statements 200283 -200846 1,412,883.12 Biweekly Payroll(02/23/11) Total Payroll Disbursements $ 1,546,864.00 *Checks 46464-46489 printed out of order for a later pay date(03/01/11). Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 812,851.71 Biweekly Payroll(02/23/11) Kiewit Infrastructure West Co. $ 389,942.85 Construction 3-58 Kiewit/Mass,A Joint Venture $ 423,261.90 Construction 5-49 Kiewit/Mass,A Joint Venture $ 231,975.00 Construction 5-50 Total Wire Transfer Payments $ 1,858,031.46 Total Claims Paid 02/16/11 -02/28/11 $ 8,053,666.51 EXHIBIT B fin/210/cs Page 8 of 8 3/2/2011 Approved 3123111 Orange County Sanitation District MINUTES BOARD MEETING February 23, 2011 �O � L� <cr��• N� TH E EN�� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 02/23/11 Minutes of Board Meeting Page 1 of 7 Approved 3123111 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on February 23, 2011, 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 Joe Carchio Matthew Harper X Bill Dalton Andrew Do X Jon Dumitru Denis Bilodeau X James M. Ferryman Bob Ooten X Jeffrey Lalloway Steven Choi X Roy Moore Ron Garcia X Prakash Narain Doug Bailey X Joy Neugebauer Al Krippner X Janet Nguyen Shawn Nelson X John Nielsen Jerry Amante X Sharon Quirk-Silva Pat McKinley X Brad Reese Robert Fauteux A Steven Rosansky Nancy Gardner X David Shawver Carol Warren X Harry Sidhu Gail Eastman X Fred Smith Steve Berry Sal Tinajero X David Benavides X Constance Underhill Scott Nelson X Mark Waldman Steven Hwangbo X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Jim Herberg, Assistant General Manager; Donna Terrones, Clerk of the Board; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes, Director of Facilities Support Services; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Jeff Reed, Director of Human Resources; Cindi Ambrose; Bob Bell; Jim Colston; Dean Fisher; Norbert Gaia; Tom Gaworski; Gerry Matthews; Terry Matthews; Rob Thompson; and Paula Zeller. OTHERS PRESENT: Brad Hogin, General Counsel; Alt. Director Gail Eastman; Alt. Director Bob Fauteux; Guillermo Garcia; Layne Baroldi; Drew Kolosky; and Michael Moore. 02/23/11 Minutes of Board Meeting Page 2 of 7 Approved 3123111 1. MOVED, SECONDED, AND DULY CARRIED: Receive and approve filing minute excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows: City/Agency Active Director Alternate Director Board of Supervisors Janet Nguyen Shawn Nelson Fullerton Sharon Quirk-Silva Pat McKinley Orange Jon Dumitru Denis Bilodeau Villa Park Brad Reese Robert Fauteux PUBLIC COMMENTS: None REPORTS: Board Chair Larry Crandall reported that the New Board Member Orientation held earlier today was a success. He noted his meeting with the General Manager regarding OCSD issues and a meeting with OCSD Staff and the California Water Environmental Association, Plant of the Year review team. Chair Crandall announced the new date for the New Board Member Tour Orientation of Plant 1 scheduled for March 16, 2011, from 1:30 to 4:30 p.m. and reviewed the upcoming meeting schedule. Director of Finance & Administrative Services, Lorenzo Tyner, presented a 30-year service award to Terry Matthews. Assistant General Manager, Jim Herberg, presented a 20-year service award to Tom Gaworski. General Manager Jim Ruth discussed his status report highlighting the status of the Operations Plan Secondary Treatment, noting that staff has been very active with developing a process of optimizing the operation and maintenance of the secondary treatment process, and that a report will be presented in May or June. Mr. Ruth announced that OCSD was awarded the Achievement of Excellence in Procurement (AEP) by the California Association of Public Procurement Official (CAPPO) for demonstrating commitment to procurement innovation, customer service, and best use of available technology. RATIFICATION OF PAYMENT OF CLAIMS: 2. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 01/15/11 01/31/11 Totals $ 10,578,477.19 $ 43,223,956.94 02/23/11 Minutes of Board Meeting Page 3 of 7 Approved 3123111 Directors Dalton, Nguyen, Sidhu, and Benavides abstained from discussion and voting on all warrants. Director Dumitru abstained from discussion and voting on warrants 36282, 36781, 36364, 36769, and 36824 pursuant to California Government Code Section 84308. CONSENT CALENDAR: Chair Crandall noted the exhibit to Item No. 5 was inadvertently omitted from the agenda package and distributed to the Directors at the meeting. It was then: 3. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes for the Regular Meeting held on January 26, 2011. 4. MOVED, SECONDED, AND DULY CARRIED: Approve Board Meeting change from April 27, 2011 , to April 20, 2011. 5. MOVED, SECONDED, AND DULY CARRIED: Approve Amendment No. 1 to the Agreement with City of Fountain Valley for Permitting of Interim Improvements of the Orange County Sanitation District, providing for updated completion schedule and project list, in a form approved by General Counsel. 6. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 11-02, Adopting Policies and Procedures for Providing Priority Service to Affordable Housing Projects, repealing Resolution No. OCSD 06-18. Director Nguyen abstained. STEERING COMMITTEE: Chair Crandall reported that the Committee Members approved the Minutes, Legislative Platform and Goals and received a legislative update. 7. MOVED, SECONDED, AND DULY CARRIED; Approve minutes of the January 26, 2011, Steering Committee meeting. 8. MOVED, SECONDED, AND DULY CARRIED: Adopt the 2011 Legislative Platform and Goals. OPERATIONS COMMITTEE: Item No. 11 pulled for discussion. 9. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the February 2, 2011, Operations Committee meeting. 02/23/11 Minutes of Board Meeting Page 4 of 7 Approved 3123111 10. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Service Agreement with Synagro West, LLC., the lowest responsive and responsible bidder, for Digester Cleaning and Disposal, Specification No. S-2010-467, for period March 1, 2011 through June 30, 2011, for an amount not to exceed $451,653.52; B. Approve a contingency of$22,583 (5%); C. Approve four one-year renewal options beginning July 1, 2011 through June 30, 2012 for a total annual amount not to exceed $1,354,960.54; and D. Approve an annual cost escalator of 5% of the renewal base contract of $1,354,960.54, plus an annual contingency of 5%. 12. A. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to competitively bid and subsequently award a service agreement to the lowest responsive and responsible bidder, for the rehabilitation of Plant No. 1, Sunflower Pump No. 2 Auger and Trough Rehab, Project No. FR10-004, for an amount not to exceed $945,000; and B. Approve a contingency of$175,000 (19%). 13. MOVED, SECONDED, AND DULY CARRIED: Approve a contingency increase of $335,320 (4%) to the construction contract with Kiewit/Mass, a Joint Venture, for Replacement of the Rocky Point Pump Station, Contract No. 5-50, for a total contingency of$838,300 (10%). 14. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Design Services Agreement with AECOM for Digester Ferric Chloride System Rehabilitation, Project No. P2-105, providing for engineering design services for an amount not to exceed $478,548; and B. Approved a contingency of$47,855 (10%) 15. MOVED, SECONDED, AND DULY CARRIED: Establish a budget for Fall Protection Improvements at Plant Nos. 1 and 2, Project No. J-123, in the amount of $2,974,000. OPERATIONS NON-CONSENT CALENDAR: Staff was requested to rename the project title to reflect its permanency. It was then, 11. MOVED, SECONDED, AND DULY CARRIED: Approve a budget increase of $733,000 for Permanent Upgrades to Plant Security Barriers, Job No. J-108, for a total budget of $3,118,000. 02/23/11 Minutes of Board Meeting Page 5 of 7 Approved 3123111 ADMINISTRATION COMMITTEE: 16. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the February 9, 2011, Administration Committee meeting. 17. MOVED, SECONDED, AND DULY CARRIED: Approve the Budget Assumptions to be used for the presentation of the Fiscal Year (FY 2011-12) budget update. GWRS STEERING COMMITTEE: 18. MOVED, SECONDED, AND DULY CARRIED: Receive and approve filing minutes of the Joint Groundwater Replenishment System Steering Committee meeting held on January 10, 2011. NON-CONSENT CALENDAR: 19. MOVED, SECONDED, AND DULY CARRIED: Approve Amendment No. 2 to the Biosolids Management Agreement with EnerTech Environmental California, LLC, in a form approved by General Counsel. Directors Dumitru, Neugebauer, Nguyen and Sidhu voted no. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(a) & (b). The Board convened in closed session at 6:50 p.m. Confidential Minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 7:08 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None 02/23/11 Minutes of Board Meeting Page 6 of 7 Approved 3123111 ADJOURNMENT: The Chair declared the meeting adjourned at 7:10 p.m. Lilia Kovac, CIVIC Associate Clerk of the Board 02/23/11 Minutes of Board Meeting Page 7 of 7 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Facilities Support Services Orange County Sanitation District A regular meeting of the Operations Committee of the Orange County Sanitation District was held on March 2, 2011 , 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 Bill Dalton Jim Herberg, Assistant General Manager Jim Ferryman Nick Arhontes, Director of Facilities Support Michael Levitt Services Roy Moore Jeff Reed, Director of Human Resources Joy Neugebauer Ed Torres, Director of Operations & Steven Rosansky Maintenance David Shawver Lorenzo Tyner, Director of Finance & Harry Sidhu Administrative Services Fred Smith Dean Fisher, Engineering Manager Constance Underhill Tod Haynes, Engineering Manager Larry Crandall, Board Chair John Linder, Engineering Manager Troy Edgar, Board Vice Chair Jim Colston Carla Dillon Operations Directors Absent: Mike Larkin Rob Thompson Others: Brad Hogin, General Counsel PUBLIC COMMENTS: There were no public comments. REPORT OF COMMITTEE CHAIR: Committee Chair Beamish did not give a report. 3/2/11 Operations Committee Minutes Page 1 of 3 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 February 2, 2011, Operations Committee meeting. 2. MOVED, SECONDED AND DULY CARRIED: A. Approve Plans and specifications for the P1 Source Control Fume Hood in Lab Bldg, Project No. FE07-13, on file at the office of the Clerk of the Board; B. Approve Addendum Nos. 1 and 2 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to Verne's Plumbing Inc. for P1 Source Control Fume Hood in Lab Bldg, Project No. FE07-13, for an amount not to exceed $115,500; and E. Approve a contingency of $9,471 (8.2%). 3. MOVED, SECONDED AND DULY CARRIED: A. Authorize the General Manager to solicit proposals and subsequently award a Service Agreement for On-Call Traffic Control Services, Project No. FR11-008, for the period July 1, 2011 through June 30, 2012, for an annual amount not to exceed $105,000, with four one-year renewable options; and B. Approve a contingency of $21,000 (20%). NON-CONSENT CALENDAR: 4. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to authorize the General Manager to negotiate an amendment to the Professional Services Agreement with Black and Veatch for additional design services for the Outfall Land Section and Ocean Outfall Booster Station Piping Rehabilitation, Project No. J-112. 3/2/11 Operations Committee Minutes Page 2 of 3 DEPARTMENT HEAD REPORTS: Engineering Manager, Rob Thompson, provided a brief report outlining the steps that have been planned and implemented to perform maintenance to the outfall system. As part of this effort, staff noted an additional need for evaluation and design services for a temporary flow meter, rehabilitation, and documentation to ensure continued operation and NPDES permit compliance. Engineering Manager, Dean Fisher, provided a report updating CIP performance. The status includes 64 projects at a combined value of $1.6 billion in planning, design or construction phases, while maintaining a 4.65% change order rate. Five (5) of the six (6) EPA milestones have been completed or are on schedule or ahead of schedule to meet full secondary treatment obligations. Engineering Supervisor, Mike Larkin, provided a report of the Source Inspection Program, which includes 400 permittees enforcing regulatory pre-treatment standards. Director of Facilities Support Services, provided an update on local sewer transfers completed, in negotiations, and planned for conveyance. Director of Operations and Maintenance, Ed Torres, briefly provided a report on permit compliance and wastewater discharge to ocean, as well as observations outside the Zone of Dilution. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: There were none. ADJOURNMENT: The Chair declared the meeting adjourned at 6:02 p.m. Submitted by: Lilia Kovac, Committee Secretary 3/2/11 Operations Committee Minutes Page 3 of 3 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 03/23/11 AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Assistant General Manager Project Manager: Hardat Khublall SUBJECT: Gisler-Redhill System Improvements, Contract No.7-37 GENERAL MANAGER'S RECOMMENDATION Approve a Reimbursement Agreement with the Irvine Ranch Water District (IRWD) for construction of a portion of the Gisler-Redhill Trunk Improvements, Reach "B," Contract No. 7-37, for an amount not to exceed $450,000, in a form approved by General Counsel. SUMMARY The Irvine Ranch Water District is proposing to construct a discharge effluent line from their water Well 21 and 22 Desalter Project to tie into the Orange County Sanitation District's (Sanitation District) sewer located at the intersection of Edinger Avenue and Redhill Avenue in the City of Tustin. The Sanitation District is also currently designing the Gisler-Redhill Trunk Improvements Reach "B" project located in the same vicinity of this heavily used and congested intersection. The proposed Reimbursement Agreement provides that IRWD's contractor for the Well 21 and 22 Desalter Project will also construct a portion of the Sanitation District's Gisler- Redhill Trunk Improvement Reach "B" Sewer Project simultaneously. Performing the work in this manner will minimize public impact and save costs. The Sanitation District will reimburse IRWD for an amount not to exceed $450,000 to cover construction and administrative costs, as well as any change orders associated with the Sanitation District's Sewer Project. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION The City of Tustin has recently completed street improvements in the vicinity of the Edinger/Redhill intersection in the City of Tustin and has requested that the Sanitation District and IRWD combine their projects in the area to minimize public impacts. IRWD has agreed to include the Sanitation District's project elements in their bid package and have their contractor construct the Sanitation District's facilities. The Sanitation District proposes to reimburse IRWD through this reimbursement agreement. CEQA This project was included in the 1999 Strategic Plan Program EIR, certified on October 27, 1999. A Notice of Determination was filed on October 29, 1999. 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: FY 2010/2011 Budget Update Section 8, Page 32). Date of Approval Contract Amount Contingency 03/23/11 $450,000 N/A JH:HK:el:gc Page 2 of 2 REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT (OCSD) AND IRVINE RANCH WATER DISTRICT (IRWD) FOR THE GISLER REDHILL TRUNK IMPROVEMENTS IN THE CITY OF TUSTIN. OCSD Contract No. 7-37 THIS REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into on this ; j day of ,f „,tip,' , 2011, by and between the: ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "OCSD"; AND IRVINE RANCH WATER DISTRICT, a California Water District, hereinafter referred to as "IRWD." OCSD and IRWD are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties." RECITALS WHEREAS, OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, IRWD is a California Water District organized under and existing pursuant to section 34000, et seq., of the California Water Code and also owns, operates, and maintains wastewater collection, treatment, and disposal facilities pursuant to powers granted by such Law; and WHEREAS, OCSD is planning and designing the Gisler-Red Hill Trunk Improvements, Reach B, (hereinafter, "OCSD Improvements") within the City of Tustin, located beneath Red Hill Avenue and Edinger Avenue, the approximate location of which is depicted on Exhibit "A", attached hereto and incorporated in full by this reference; and WHEREAS, IRWD is also planning and designing the Wells 21 & 22 Desalter Project (hereinafter, "IRWD Improvements") a project within the same vicinity as the OCSD Project in the City of Tustin; and WHEREAS, OCSD and IRWD desire to perform portions of OCSD Improvements and IRWD Improvements simultaneously as to minimize the impacts to the environment, the public and surrounding community (hereinafter, the proposed concurrent construction of the OCSD Improvements and IRWD Improvements shall be referred to as the "Joint Project"); 758401.1 WHEREAS, IRWD has agreed to administer and enter into the construction contracts for the Joint Project; WHEREAS, OCSD has agreed to reimburse IRWD for OCSD's share of Joint Project costs in the manner and subject to the conditions set forth below. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section I: Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that they are bound by the same. Section 2: Elements of Agreement. OCSD and IRWD shall work cooperatively together so the Joint Project can be constructed in a manner that minimizes the costs and impacts to the public. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 3: IRWD's Specific Obligations. A. IRWD shall be responsible for the preparation of the bid documents for the Joint Project, which shall incorporate the plans and specifications furnished to IRWD by OCSD for the OCSD Improvements pursuant to Section 4.A. The OCSD Improvements shall be included in the bid documents as a deletable bid item(s). B. IRWD shall be responsible for compliance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, Section 21000 et seq.) for all activities associated with the IRWD Improvements. The IRWD Improvements were included within the project described in the mitigated negative declaration completed and filed by IRWD, acting as lead agency, in February, 2010. IRWD shall supply to OCSD a copy of the IRWD-approved environmental review document. C. IRWD shall prepare and issue a public works bid package and administer the construction contract for the Joint Project. D. Upon opening of bids, IRWD shall submit results for review and approval by OCSD. OCSD shall have a period of ten (10) calendar days for review of bid results and approval or rejection of the successful bidder. In the event OCSD rejects the successful bidder, IRWD may proceed with its IRWD Improvements project and exclude the deletable bid items for the OCSD Improvements after giving OCSD written notice of IRWD's intent to proceed. Alternatively, IRWD may elect, but shall not be required, to reject all bids for the Joint Project and solicit new bids. 758401.1 E. IRWD shall obtain all necessary permits for construction of the IRWD Improvements. F. Unless the OCSD Improvements are deleted pursuant to Section 3.D, IRWD shall enter into a contract for construction of the Joint Project in accordance with the approved plans and specifications. G. IRWD shall require a one-year warranty on the Joint Project from its construction contractor, and the portion of which covers the OCSD Improvements shall be assigned to OCSD upon IRWD's transfer of OCSD's portion of the Joint Project. Such warranty shall read as set forth in IRWD's standard capital construction project general provisions, as modified by special provisions to include the following: "Contractor's warranty shall continue, including for purposes of Section 16.1.2, as to any corrected deficiency until the later of: 1. The remainder of the original one-year warranty period; or 2. One year after acceptance by DISTRICT or its assigns of the corrected work." "CONTRACTOR agrees that this warranty and guarantee shall be freely assignable to the Orange County Sanitation District without any further notice to or consent from CONTRACTOR. All guarantees and warranties, expressed or implied shall inure to the benefit of DISTRICT and its assigns and CONTRACTOR during the performance of the work. Upon final completion of the work, such guarantees and warranties shall inure to the benefit of DISTRICT and its assigns." H. IRWD shall promptly inform OCSD during the course of construction of any proposed change orders to the construction contract affecting the OCSD Improvements. Copies of proposed change orders affecting the OCSD Improvements will be provided to OCSD within five (5) working days of submission to IRWD. All change orders shall be subject to OCSD's approval if, and to the extent, OCSD's Improvements or the cost thereof are affected thereby. OCSD will review and respond to proposed change orders affecting the OCSD Improvements or the cost thereof within five (5) working days of receipt by OCSD and agrees not to unreasonably withhold its approval to such change orders. L IRWD shall furnish and deliver to OCSD all as-built redlined Contractor's plans of the OCSD Improvements and any additional project-related documents requested by OCSD. Section 4: OCSD's Specific Obligations. 758401.1 A. OCSD shall (i) be responsible for the design and preparation of the plans and specifications for the OCSD Improvements, (ii) obtain City of Tustin's approval of its plans and specifications along with an encroachment permit; (iii) obtain all required permits and easements, and (iv) transmit all applicable documents to IRWD to be included in the bid package. B. OCSD shall obtain all necessary permits for construction of the OCSD Improvements. C. OCSD shall be responsible for compliance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, Section 21000 et seq.) for all activities associated with the OCSD Improvements and OSCD shall be the Lead Agency for purposes of CEQA and, in such capacity, shall conduct such environmental review (whether by Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration, or Notice of Exemption) as CEQA may require. OCSD Improvements were included in its 1999 Strategic Plan Program EIR, Certified on October 27, 1999. A notice of determination was filed on October 29, 1999. OCSD shall supply to IRWD a copy of the OCSD- approved environmental review document. D. OCSD shall reimburse IRWD for all costs and expenses for the construction attributable to OCSD's Improvements and services related thereto including, but not limited to costs for construction support, such as overtime work by IRWD staff and it's resident engineer. OCSD shall also pay IRWD an amount equal to four percent (4%) of the amount of all of said costs and expenses, which shall be considered IRWD's "Administrative Fee," which is intended to cover the costs incurred by IRWD for its internal costs (excluding abovementioned overtime work) related to the Joint Project. OCSD's share of Joint Project costs shall not include costs and services for the design and construction of IRWD's Improvements. E. OCSD shall have the sole and absolute discretion to approve all aspects of the design and construction of OCSD's Improvements, as well as construction change orders related thereto. OCSD shall assign a Resident Engineer to oversee change orders, if any. F. OCSD shall provide construction inspection and support services for OCSD's portion of the Joint Project. OCSD shall inspect construction of the OCSD's portion of the Joint Project as it deems necessary to assure compliance with the approved Plans and Specifications, including shop drawing review, requests for information and clarifications, material inspection, surveying, geotechnical testing and recommendations, speciality inspections, permit compliance, construction meetings, and design changes thereof. OCSD shall promptly notify IRWD if any portion of the work appears not to conform to the Plans and Specifications, and shall work with the IRWD on all items associated with the Joint Project's construction. 758401.1 G. OCSD shall prepare its own Record Drawings. Section 5: Timing and Amount of Reimbursement. OCSD Improvements shall commence and be completed concurrently with IRWD Improvements at the Red Hill/Edinger intersection. Upon completion of the Joint Project, IRWD shall submit an invoice to OCSD setting forth OCSD's share of the costs and expenses, accompanied by a copy of any supporting documentation that substantiates the calculation of the OCSD's portion. Within forty-five (45) days following receipt of the invoice, OCSD shall pay the IRWD the full amount of such invoice, plus the Administrative Fee. OCSD's obligation to reimburse the IRWD hereunder is estimated, based on an the engineer's estimate, including the cost of construction, a percentage for construction change orders, administrative fees, markups and contingencies, at a total estimated cost of$450,000, provided, however, the amount to be reimbursed by OCSD shall be based on the actual costs. Pursuant to Section 3.H, IRWD will notify OCSD when the construction contract amount for the OCSD Improvements has reached $400,000, in order to allow OCSD to obtain additional funding. Section 6: Indemnification. A. IRWD shall indemnify, defend and hold OCSD, its officers, agents, employees, and consultants harmless from any and all actions, suits, claims, liability or expense for death, injury, loss, or damage to persons or property which may arise or is claimed to have arisen during or out of construction of the Joint Project and prior to the acceptance by OCSD of OCSD's portion of the Joint Project, as a result of any work or action performed by or on behalf of IRWD, its officers, agents, employees or consultants, save and except in those instances where such death, injury, loss, damage, expense, liability or claim is solely caused by any act, omission, or negligence of OCSD, its officers, agents, employees or consultants. B. OCSD shall indemnify, defend and hold IRWD, its elected and appointed officials, officers, agents, employees, and consultants, harmless from any and all actions, suits, claims, liability or expense for death, injury, loss or damage to persons or property which may arise or is claimed to have arisen as a result of any act performed by OCSD, its officers, agents, employees or consultants, with respect to the construction of the Joint Project or following OCSD's acceptance of OCSD's portion of the Joint Project, as a result of or in connection with the maintenance and operation of the improvements, save and except in those instances where such death, injury, loss, damage, expense, liability or claim is solely caused by any act, omission or negligence of IRWD, its officers, agents, employees or consultants. OCSD shall also indemnify, defend and hold IRWD, its elected and appointed officials, officers, agents, employees, and consultants, harmless from any and all actions, suits, claims, liability, cost or expense which may arise or is claimed to have arisen as a result of OCSD's denial of any change order or part thereof. Section 7: Insurance. IRWD shall require the construction contractor to maintain insurance policies in the amounts stated herein at all times during the construction of the Joint Project. IRWD 758401.1 shall not allow contractor or subcontractor(s) to commence work on the Joint Project until such insurance is obtained in accordance with the requirements of this section. IRWD shall require that insurers be admitted carriers and authorized to transact business in the State of California and that insurers have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class VII, or better, in accordance with the most current A.M. Best Rating Guide. IRWD shall include a provision in its contract with contractor that OCSD may require contractor to substitute any insurer whose rating drops below the levels herein specified and that the substitution shall occur within twenty (20) days of written notice to contractor by OCSD or its agent. IRWD shall require contractor to furnish OCSD with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications, at any time. IRWD shall require that all general liability and automobile liability policies be endorsed to name the OCSD and IRWD, their officers, employees, agents, and consultants as additional insureds. IRWD shall require that each insurance policy required herein be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' written notice. IRWD shall require coverage in at least the following amounts: A. General Liability. $2,000,000.00 per occurrence for bodily injury, personal injury, and property damage and $4,000,000.00 aggregate for bodily injury, personal injury, and property damage. B. Automobile Liability. $2,000,000.00 combined single limit per accident for bodily injury and property damage, including non-owned and hired vehicles. C. Workers' Compensation. Workers' Compensation, in accordance with the Workers' Compensation Act of the State of California for a minimum of $1,000,000.00, or such minimum limits as required by the State, whichever is greater. Such Workers' Compensation Insurance shall be endorsed to provide for a waiver of subrogation against OCSD. Section 8: Term. This Agreement shall commence on the above written date, and be in full force and effect until the specified obligations of both Parties have been fulfilled or the Agreement is terminated as set forth herein. Section 9: Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: 758401.1 To OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clerk of the Board Facsimile: (714) 962-5018 To IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92608 Attention: Leslie Bonkowski, District Secretary Facsimile: (949) 453-5312 Section 10: Jurisdiction. In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. Section 11: No Third Party Beneficiaries. This Agreement is entered into by and for the OCSD and the IRWD, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. Section 12: Force Majeure. Except for the payment of money, neither Party shall be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties, or any law, order, or requirement of any governmental agency or authority. Section 13: Governing Law. This Agreement shall be governed by the laws of the State of California. Section 14: Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations and agreements between the Parties pertaining to the subject matter hereof. Section 15: Waiver. A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. Section 16: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment, which shall be signed by both Parties. Section 17: Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Section 18: Agreement Execution and Authorization. Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Agreement and that such execution is 758401.1 binding upon the entity on whose behalf they are executing this Agreement. This Agreement may be executed in counterparts. [SIGNATURES ON FOLLOWING PAGE] 758401.1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Larry R. ndall, Chair of the Board of Directors ATTEST: By `t/ Lilia Kovac, Assoc. Clerk of the Board of Directors APPROVED AS TO FORM: GENERAL COUNSEL By . Bradley R. Hogin IRVINE RANCH WATER DISTRICT By General Lanager, Pa"I . Jones II ATTEST: By __4,� ) ', —& � Leslie Bonkowski, District Secretary APPROVED AS TO FORM By 758401.1 REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT (OCSD) AND IRVINE RANCH WATER DISTRICT (IRWD) FOR THE GISLER REDHILL TRUNK IMPROVEMENTS IN THE CITY OF TUSTIN. OCSD Contract No. 7-37 rrT� HIS REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into on this ►4ay of (YA , 2011, by and between the: ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "OCSD"; AND IRVINE RANCH WATER DISTRICT, a California Water District, hereinafter referred to as "IRWD." OCSD and IRWD are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties." RECITALS WHEREAS, OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, IRWD is a California Water District organized under and existing pursuant to section 34000, et seq., of the California Water Code and also owns, operates, and maintains wastewater collection, treatment, and disposal facilities pursuant to powers granted by such Law; and (Joan — add IRWD water, recycled?) WHEREAS, OCSD is planning and designing the Gisler-Red Hill Trunk Improvements, Reach B, (hereinafter, "OCSD Improvements") within the City of Tustin, located beneath Red Hill Avenue and Edinger Avenue, the approximate location of which is depicted on Exhibit "A", attached hereto and incorporated in full by this reference; and WHEREAS, IRWD is also planning and designing the Wells 21 & 22 Desalter Project (hereinafter, "IRWD Improvements") a project within the same vicinity as the OCSD Project in the City of Tustin; and WHEREAS, OCSD and IRWD desire to perform portions of OCSD Improvements and IRWD Improvements simultaneously as to minimize the impacts to the environment, the public and surrounding community (hereinafter, the proposed concurrent construction of the OCSD Improvements and IRWD Improvements shall be referred to as the "Joint Project"); 758401.1 WHEREAS, IRWD has agreed to administer and enter into the construction contracts for the Joint Project; WHEREAS, OCSD has agreed to reimburse IRWD for OCSD's share of Joint Project costs in the manner and subject to the conditions set forth below. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1: Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that they are bound by the same. Section 2: Elements of Agreement. OCSD and IRWD shall work cooperatively together so the Joint Project can be constructed in a manner that minimizes the costs and impacts to the public. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 3: IRWD's Specific Obligations. A. IRWD shall be responsible for the preparation of the bid documents for the Joint Project, which shall incorporate the plans and specifications furnished to IRWD by OCSD for the OCSD Improvements pursuant to Section 4.A. The OCSD Improvements shall be included in the bid documents as a deletable bid item(s). B. IRWD shall be responsible for compliance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, Section 21000 et seq.) for all activities associated with the IRWD Improvements. The IRWD Improvements were included within the project described in the mitigated negative declaration completed and filed by IRWD, acting as lead agency, in February, 2010. IRWD shall supply to OCSD a copy of the IRWD-approved environmental review document. C. IRWD shall prepare and issue a public works bid package and administer the construction contract for the Joint Project. D. Upon opening of bids, IRWD shall submit results for review and approval by OCSD. OCSD shall have a period of ten (10) calendar days for review of bid results and approval or rejection of the successful bidder. In the event OCSD rejects the successful bidder, IRWD may proceed with its IRWD Improvements project and exclude the deletable bid items for the OCSD Improvements after giving OCSD written notice of IRWD's intent to proceed. Alternatively, IRWD may elect, but shall not be required, to reject all bids for the Joint Project and solicit new bids. E. IRWD shall obtain all necessary permits for construction of the IRWD Improvements. 758401.1 F. Unless the OCSD Improvements are deleted pursuant to Section 3.D, IRWD shall enter into a contract for construction of the Joint Project in accordance with the approved plans and specifications. G. IRWD shall require a one-year warranty on the Joint Project from its construction contractor, and the portion of which covers the OCSD Improvements shall be assigned to OCSD upon IRWD's transfer of OCSD's portion of the Joint Project. Such warranty shall read as set forth in IRWD's standard capital construction project general provisions, as modified by special provisions to include the following: "Contractor's warranty shall continue, including for purposes of Section 16.1.2, as to any corrected deficiency until the later of 1. The remainder of the original one-year warranty period; or 2. One year after acceptance by DISTRICT or its assigns of the corrected work." "CONTRACTOR agrees that this warranty and guarantee shall be freely assignable to the Orange County Sanitation District without any further notice to or consent from CONTRACTOR. All guarantees and warranties, expressed or implied shall inure to the benefit of DISTRICT and its assigns and CONTRACTOR during the performance of the work. Upon final completion of the work, such guarantees and warranties shall inure to the benefit of DISTRICT and its assigns." H. IRWD shall promptly inform OCSD during the course of construction of any proposed change orders to the construction contract affecting the OCSD Improvements. Copies of proposed change orders affecting the OCSD Improvements will be provided to OCSD within five (5) working days of submission to IRWD. All change orders shall be subject to OCSD's approval if, and to the extent, OCSD's Improvements or the cost thereof are affected thereby. OCSD will review and respond to proposed change orders affecting the OCSD Improvements or the cost thereof within five (5) working days of receipt by OCSD and agrees not to unreasonably withhold its approval to such change orders. I. IRWD shall furnish and deliver to OCSD all as-built redlined Contractor's plans of the OCSD Improvements and any additional project-related documents requested by OCSD. 758401.1 Section 4: OCSD's Specific Obligations. A. OCSD shall (i) be responsible for the design and preparation of the plans and specifications for the OCSD Improvements, (ii) obtain City of Tustin's approval of its plans and specifications along with an encroachment permit; (iii) obtain all required permits and easements, and (iv) transmit all applicable documents to IRWD to be included in the bid package. B. OCSD shall obtain all necessary permits for construction of the OCSD Improvements. C. OCSD shall be responsible for compliance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, Section 21000 et seq.) for all activities associated with the OCSD Improvements and OSCD shall be the Lead Agency for purposes of CEQA and, in such capacity, shall conduct such environmental review (whether by Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration, or Notice of Exemption) as CEQA may require. OCSD Improvements were included in its 1999 Strategic Plan Program EIR, Certified on October 27, 1999. A notice of determination was filed on October 29, 1999. OCSD shall supply to IRWD a copy of the OCSD- approved environmental review document. D. OCSD shall reimburse IRWD for all costs and expenses for the construction attributable to OCSD's Improvements and services related thereto including, but not limited to costs for construction support, such as overtime work by IRWD staff and it's resident engineer. OCSD shall also pay IRWD an amount equal to four percent (4%) of the amount of all of said costs and expenses, which shall be considered IRWD's "Administrative Fee," which is intended to cover the costs incurred by IRWD for its internal costs related to the Joint Project. OCSD's share of Joint Project costs shall not include costs and services for the design and construction of IRWD's Improvements. E. OCSD shall have the sole and absolute discretion to approve all aspects of the design and construction of OCSD's Improvements, as well as construction change orders related thereto. OCSD shall assign a Resident Engineer to oversee change orders, if any. F. OCSD shall provide construction inspection and support services for OCSD's portion of the Joint Project. OCSD shall inspect construction of the OCSD's portion of the Joint Project as it deems necessary to assure compliance with the approved Plans and Specifications, including shop drawing review, requests for information and clarifications, material inspection, surveying, geotechnical testing and recommendations, speciality inspections, permit compliance, construction meetings, and design changes thereof. OCSD shall promptly notify IRWD if any portion of the work appears not to conform to the Plans and Specifications, and shall work with the IRWD on all items associated with the Joint Project's construction. 758401.1 G. OCSD shall prepare its own Record Drawings. Section 5: Timing and Amount of Reimbursement. OCSD Improvements shall commence and be completed concurrently with IRWD Improvements at the Red Hill/Edinger intersection. Upon completion of the Joint Project, IRWD shall submit an invoice to OCSD setting forth OCSD's share of the costs and expenses, accompanied by a copy of any supporting documentation that substantiates the calculation of the OCSD's portion. Within forty-five (45) days following receipt of the invoice, OCSD shall pay the IRWD the full amount of such invoice, plus the Administrative Fee. OCSD's obligation to reimburse the IRWD hereunder is estimated, based on an the engineer's estimate, including the cost of construction, a percentage for construction change orders, administrative fees, markups and contingencies, at a cumulative total cost not to exceed $450,000. Pursuant to Section 3.H, IRWD will notify OCSD when the construction contract amount for the OCSD Improvements has reached $400,000, in order to allow OCSD to obtain additional funding. Section 6: Indemnification. A. IRWD shall indemnify, defend and hold OCSD, its officers, agents, employees, and consultants harmless from any and all actions, suits, claims, liability or expense for death, injury, loss, or damage to persons or property which may arise or is claimed to have arisen during or out of construction of the Joint Project and prior to the acceptance by OCSD of OCSD's portion of the Joint Project, as a result of any work or action performed by or on behalf of IRWD, its officers, agents, employees or consultants, save and except in those instances where such death, injury, loss, damage, expense, liability or claim is solely caused by any act, omission, or negligence of OCSD, its officers, agents, employees or consultants. B. OCSD shall indemnify, defend and hold IRWD, its elected and appointed officials, officers, agents, employees, and consultants, harmless from any and all actions, suits, claims, liability or expense for death, injury, loss or damage to persons or property which may arise or is claimed to have arisen as a result of any act performed by OCSD, its officers, agents, employees or consultants, with respect to the construction of the Joint Project or following OCSD's acceptance of OCSD's portion of the Joint Project, as a result of or in connection with the maintenance and operation of the improvements, save and except in those instances where such death, injury, loss, damage, expense, liability or claim is solely caused by any act, omission or negligence of IRWD, its officers, agents, employees or consultants. OCSD shall also indemnify, defend and hold IRWD, its elected and appointed officials, officers, agents, employees, and consultants, harmless from any and all actions, suits, claims, liability, cost or expense which may arise or is claimed to have arisen as a result of OCSD's denial of any change order or part thereof. Section 7: Insurance. IRWD shall require the construction contractor to maintain insurance policies in the amounts stated herein at all times during the construction of the Joint Project. IRWD shall not allow contractor or subcontractor(s) to commence work on the Joint Project until such insurance is obtained in accordance with the requirements of this section. 758401.1 IRWD shall require that insurers be admitted carriers and authorized to transact business in the State of California and that insurers have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class VII, or better, in accordance with the most current A.M. Best Rating Guide. IRWD shall include a provision in its contract with contractor that OCSD may require contractor to substitute any insurer whose rating drops below the levels herein specified and that the substitution shall occur within twenty (20) days of written notice to contractor by OCSD or its agent. IRWD shall require contractor to furnish OCSD with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications, at any time. IRWD shall require that all general liability and automobile liability policies be endorsed to name the OCSD and IRWD, their officers, employees, agents, and consultants as additional insureds. IRWD shall require that each insurance policy required herein be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' written notice. IRWD shall require coverage in at least the following amounts: A. General Liability. $2,000,000.00 per occurrence for bodily injury, personal injury, and property damage and $4,000,000.00 aggregate for bodily injury, personal injury, and property damage. B. Automobile Liability. $2,000,000.00 combined single limit per accident for bodily injury and property damage, including non-owned and hired vehicles. C. Workers' Compensation. Workers' Compensation, in accordance with the Workers' Compensation Act of the State of California for a minimum of $1,000,000.00, or such minimum limits as required by the State, whichever is greater. Such Workers' Compensation Insurance shall be endorsed to provide for a waiver of subrogation against OCSD. Section 8: Term. This Agreement shall commence on the above written date, and be in full force and effect until the specified obligations of both Parties have been fulfilled or the Agreement is terminated as set forth herein. Section 9: Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: 758401.1 To OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clerk of the Board Facsimile: (714) 962-0356 To IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92608 Attention: Leslie Bonkowski, District Secretary Facsimile: (949) 453-5312 Section 10: Jurisdiction. In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. Section 11: No Third Party Beneficiaries. This Agreement is entered into by and for the OCSD and the IRWD, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. Section 12: Force Mai eure. Except for the payment of money, neither Party shall be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties, or any law, order, or requirement of any governmental agency or authority. Section 13: Governing Law. This Agreement shall be governed by the laws of the State of California. Section 14: Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations and agreements between the Parties pertaining to the subject matter hereof. Section 15: Waiver. A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. Section 16: Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment, which shall be signed by both Parties. Section 17: Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Section 18: Agreement Execution and Authorization. Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity on whose behalf they are executing this Agreement. This Agreement may be executed in counterparts.[SIGNATURES ON FOLLOWING PAGE] 758401.1 IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By _2a�� p Za4,1. Larry R. r dall, Chair Board of Directors ATTEST: By A--�-:�Clerk of the Board of Directors APPROVED AS TO FORM: GENERAL COUNSEL By lrleI7 Sradlo R. ogin IRVINE RANCH WATER DISTRICT By General Manager, Paul D Jones II ATTEST: By District Secretary, Leslie Bonkowski APPROVED AS TO FORM By 758401 1 SANTA ANA CHESTNUT AV MAIN pQ' epL r o a � FlQd P m MCFA DEN AV EDINGER AV F- a cgtii OiO O,Q Fp w a W U a TUSTIN q ! o in N WARNER !! 9L OCSD IMPROVEMENTS W DYER ALTON AV a P �`O 9lrC 69��9� MARINE CORPS COSTA MESA '9L c9 HELICOPTER IRVINE AIR STATION `s N TS u m c c 0 U L u c v C� W m Q u � �n m � L n /U1 O W �X a 0 0 iE a a n N N U) O N A s GISLER-REDHILL TRUNK IMPROVEMENTS, REACH B N" �' ORANGE COUNTY INTERCONNECTIONS � T N a SANITATION DISTRICT EXHIBIT'A" 00 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 03/23/11 AGENDA REPORT Item Number Item Number 5 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance & Administrative Services SUBJECT: Designation of Applicant's Agent for Disaster Relief GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. 11-03 Authorizing the General Manager or Designee to Execute State Office of Emergency Services and/or Federal Emergency Management Agency Documents and Relevant Permit Applications for Present and Future Disaster Relief Applications. SUMMARY The storms of December 2010 and January 2011 caused the water level in Prado Dam to peak at extremely high levels. The Army Corp of Engineers (ACOE) released water to lower the level behind the dam, causing the cover over the Santa Ana River Interceptor (SARI) line to erode. Three areas of immediate concern were identified by District engineers, authorization for contracts to provide the services were approved, and emergency operations commenced to provide cover for those areas of the pipeline. Orange County was declared a federal disaster area by the President of the United States. Staff has applied for State and Federal grant funding to reimburse us for storm- related repairs to the SARI line. Staff seeks a Board resolution authorizing the General Manager or Designee to apply for funds on behalf of the District. This designation remains in effect for 3 years from the date of the resolution. PRIOR COMMITTEE/BOARD ACTIONS The prior resolution specifying the designation for this purpose was passed and approved by the Joint Boards of Directors on January 28, 1998. ADDITIONAL INFORMATION The Santa Ana Watershed Protection Agency (SAWPA) is responsible for an agreed- upon portion of the cost of repairs under various agreements. SAWPA will be billed for its portion of the repairs, and upon receipt of State and/or Federal Emergency Page 1 of 2 assistance funds in the same proportion will be reimbursed to SAWPA. Any funds received for administrative costs will be retained by the District. Emergency repairs commenced 12/27/10 and were completed by 1/3/11. Subsequent repairs and monitoring were required as additional areas of scour were discovered. Cost of the repairs is estimated at $425,000, of which the federal assistance would be 75%, the state share 18.75%, and the District share 6.25%. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A Page 2 of 2 RESOLUTION NO. 11-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT Authorizing the General Manager or Designee to Execute State Office of Emergency Services and/or Federal Emergency Management Agency Documents and Relevant Permit Applications for Present and Future Disaster Relief Applications. WHEREAS, OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, on January 28, 1998, the Joint Boards of Director of the County Sanitation Districts of O.C., predecessor to the Orange County Sanitation District (OCSD), adopted a State resolution entitled "Designation of Applicant's Agent Resolution for Non-State Agencies" authorizing the General Manager, the Director of Human Resources or the Manager of Safety and Emergency Response to execute and file documents to the Office of Emergency Services for the purposes of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act; and WHEREAS, California Emergency Management Agency (CaIEMA) has requested an updated Resolution from OCSD designating OCSD's agent(s) for the purpose of executing and filing documents for present and future disaster relief applications; and WHEREAS, the Board of Directors has considered the recommendation of staff to authorize the General Manager or Designee to sign FEMA/CaIEMA applications, claims and other related documents for the purpose of obtaining certain federal assistance under P.L. 93-188 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. Page 1 of 2 756810.1 NOW THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ordain, resolve, and order as follows: 1. The General Manager or Designee are hereby designated as the agent for OCSD authorized to sign FEMA/CalEMA application(s), claims and other related documents for the purpose of obtaining certain federal assistance under P.L. 93-188 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. 2. Resolution entitled "Designation of Applicant's Agent Resolution for Non- State Agencies" adopted by the Joint Boards of Directors of the County Sanitation Districts of O.C. on January 28, 1998, is hereby repealed in its entirety. PASSED AND ADOPTED at a regular meeting held March 23, 2011. Chair, Orange County Sanitation District ATTEST: Associate Clerk of the Board Page 2 of 2 756810.1 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, February 23, 2011, at 5:00 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Larry Crandall, Chair Jim Ruth, General Manager Troy Edgar, Vice Chair Jim Herberg, Assistant General Manager Tom Beamish, Operations Committee Nick Arhontes, Director of Facilities Support Chair Services John Anderson, Administration Committee Ed Torres, Director of Operations & Chair Maintenance Brad Reese Lorenzo Tyner, Director of Finance John Withers & Administrative Services Jeff Reed, Director of Human Resources Michael Gold, Public Affairs Manager Donna N. Terrones, Clerk of the Board COMMITTEE MEMBERS ABSENT: Sharon Quirk-Silva OTHERS PRESENT: Brad Hogin, General Counsel Director Fred Smith Director Prakash Narain Director Jeffrey Lalloway Alt. Director Bob Fauteux Alt. Director Gail Eastman Alt. Director Steve Hwangbo * * * * * * * * * * PUBLIC COMMENTS: None COMMITTEE CHAIR REPORT: Committee Chair Larry Crandall reported that the New Board Member Orientation held earlier was a success. He announced his meeting with the General Manager regarding OCSD issues and a meet and greet with OCSD Staff and the California Water Environmental Association, Plant of the Year review team. Minutes of the Steering Committee February 23, 2011 Page 2 of 3 GENERAL MANAGER REPORT: General Manager Jim Ruth discussed his status report highlighting the status of the Operations Plan Secondary Treatment noting that staff has been very active with developing a process of optimizing the operation and maintenance of the secondary treatment process and that a report will be presented by June. He mentioned the response he received from the Santa Ana Watershed Project Authority (SAWPA) complimenting OCSD Staff for a job well done in protecting the Santa Ana River Interceptor (SARI) sewer line during the December storms. Mr. Ruth stated that the Ellis fence wall project is scheduled to resume March 2011 with a completion date of June 2011. He announced that an update on EnerTech would be discussed at the Board Meeting and that OCSD received the Achievement of Excellence in Procurement (AEP) award. CONSENT CALENDAR: 1. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to approve the minutes of the January 26, 2011 Steering Committee meeting. ACTION ITEMS: 2. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to adopt the 2011 Legislative Platform and Goals. INFORMATION ITEM: 3. Public Affairs Report. Michael Gold, Public Affairs Manager presented a legislative update and noted the Honor Walk nominees would be presented to the Steering Committee next month for final nominations. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54954.5(f) and 54956.9(a)(b) & (c). The Steering Committee convened in closed session at 5:20 p.m. to discuss four matters. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. Minutes of the Steering Committee February 23, 2011 Page 3 of 3 RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session at 5:58 p.m. ADJOURNMENT: The Chair declared the meeting adjourned at 6:00 p.m. Submitted by: Lilia Kovac, Associate 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 March 2, 2011 , 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 Bill Dalton Jim Herberg, Assistant General Manager Jim Ferryman Nick Arhontes, Director of Facilities Support Michael Levitt Services Roy Moore Jeff Reed, Director of Human Resources Joy Neugebauer Ed Torres, Director of Operations & Steven Rosansky Maintenance David Shawver Lorenzo Tyner, Director of Finance & Harry Sidhu Administrative Services Fred Smith Dean Fisher, Engineering Manager Constance Underhill Tod Haynes, Engineering Manager Larry Crandall, Board Chair John Linder, Engineering Manager Troy Edgar, Board Vice Chair Jim Colston Carla Dillon Operations Directors Absent: Mike Larkin Rob Thompson Others: Brad Hogin, General Counsel PUBLIC COMMENTS: There were no public comments. REPORT OF COMMITTEE CHAIR: Committee Chair Beamish did not give a report. 3/2/11 Operations Committee Minutes Page 1 of 3 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 February 2, 2011, Operations Committee meeting. 2. MOVED, SECONDED AND DULY CARRIED: A. Approve Plans and specifications for the P1 Source Control Fume Hood in Lab Bldg, Project No. FE07-13, on file at the office of the Clerk of the Board; B. Approve Addendum Nos. 1 and 2 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to Verne's Plumbing Inc. for P1 Source Control Fume Hood in Lab Bldg, Project No. FE07-13, for an amount not to exceed $115,500; and E. Approve a contingency of $9,471 (8.2%). 3. MOVED, SECONDED AND DULY CARRIED: A. Authorize the General Manager to solicit proposals and subsequently award a Service Agreement for On-Call Traffic Control Services, Project No. FR11-008, for the period July 1, 2011 through June 30, 2012, for an annual amount not to exceed $105,000, with four one-year renewable options; and B. Approve a contingency of $21,000 (20%). NON-CONSENT CALENDAR: 4. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to authorize the General Manager to negotiate an amendment to the Professional Services Agreement with Black and Veatch for additional design services for the Outfall Land Section and Ocean Outfall Booster Station Piping Rehabilitation, Project No. J-112. 3/2/11 Operations Committee Minutes Page 2 of 3 DEPARTMENT HEAD REPORTS: Engineering Manager, Rob Thompson, provided a brief report outlining the steps that have been planned and implemented to perform maintenance to the outfall system. As part of this effort, staff noted an additional need for evaluation and design services for a temporary flow meter, rehabilitation, and documentation to ensure continued operation and NPDES permit compliance. Engineering Manager, Dean Fisher, provided a report updating CIP performance. The status includes 64 projects at a combined value of $1.6 billion in planning, design or construction phases, while maintaining a 4.65% change order rate. Five (5) of the six (6) EPA milestones have been completed or are on schedule or ahead of schedule to meet full secondary treatment obligations. Engineering Supervisor, Mike Larkin, provided a report of the Source Inspection Program, which includes 400 permittees enforcing regulatory pre-treatment standards. Director of Facilities Support Services, provided an update on local sewer transfers completed, in negotiations, and planned for conveyance. Director of Operations and Maintenance, Ed Torres, briefly provided a report on permit compliance and wastewater discharge to ocean, as well as observations outside the Zone of Dilution. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: There were none. ADJOURNMENT: The Chair declared the meeting adjourned at 6:02 p.m. Submitted by: Lilia Kovac, Committee Secretary 3/2/11 Operations Committee Minutes Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 03/02/11 03/23/11 AGENDA REPORT Item Number Item Number 4 8 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Assistant General Manager CIP Project Manager: Pamela Koester SUBJECT: OUTFALL LAND SECTION REHABILITATION, PROJECT NO. J-112 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to negotiate an amendment to the Professional Services Agreement with Black and Veatch for additional design services for the Outfall Land Section and Ocean Outfall Booster Station Piping Rehabilitation, Project No. J-112. SUMMARY Project No. J-112 was originally scoped to perform a corrosion evaluation of the Ocean Outfall Booster Station (OOBS) piping and portions of the ocean outfall pipeline within Treatment Plant No. 2, and to design needed repairs to these facilities. Staff has identified additional outfall evaluation and design efforts necessary to ensure reliable continued operation of the effluent conveyance system. It is recommended that the efforts representing the most risk to the Orange County Sanitation District (Sanitation District) be added to Project No. J-112 in order to mitigate the risk of an outfall system failure in a timely fashion. These efforts include the following: • Design and construct a temporary flow meter and sampling station on the one-mile outfall. • Design and construct repairs to Surge Tower No. 2 including recoating and instrumentation rehabilitation, installation of permanent flow meter, and repairs to the steel access risers on the five-mile (primary) outfall. • Design and construct repairs to the effluent junction structure located on the beach adjacent to the Santa Ana River. • Inspect, design, and construct appropriate rehabilitation measures for the on-shore segment of the five-mile outfall. • Prepare contingency plans for inspection and construction of the on-shore portion of the five-mile outfall and beach junction structure. Page 1 of 3 SUMMARY (cont'd) • Prepare environmental documentation for the rehabilitation of the beach junction structure. Black and Veatch has done an excellent job in inspecting the outfall segment downstream of OOBS, designing appropriate rehabilitation measures and preparing contingency plans for inspection and construction. They are in the best position to quickly address the rehabilitation of critical facilities that are at risk of failure via an amendment to their existing Professional Design Services Agreement (PDSA). PRIOR COMMITTEE/BOARD ACTIONS December 2009 — Approved a Professional Design Services Agreement with Black and Veatch for Outfall Land Section and Ocean Outfall Booster Station Piping Rehabilitation, Project No. J-112, providing for engineering design services for an amount not to exceed $1,271 ,814 with a contingency of$127,181 (10%). ADDITIONAL INFORMATION Since the inception of the Sanitation District Asset Management Division, considerable effort has been spent identifying the various outfall assets which should receive condition assessment and potential rehabilitation. These assets have been grouped into a series of Capital Improvements Program (CIP) projects. It is suggested that the assets posing the greatest risk to the continued reliable operation of the effluent conveyance system be addressed first. Project No. J-112 is currently addressing rehabilitation of the on-shore portion of the outfall pipeline between OOBS and Surge Tower No. 2. Staff believes that including the following asset condition assessment and rehabilitation efforts are logical and timely extensions of this project: • Install flow metering and sampling equipment on the one-mile outfall. This is necessary to allow the Sanitation District to meter and sample the effluent when the five-mile outfall is taken out of service for inspection. • Rehabilitate Surge Tower No. 2 components, provide a new permanent flow meter, and rehabilitate steel access risers on the five-mile outfall. The surge tower is over 25 years old and needs general rehabilitation. Taking the five-mile outfall out of service makes this effort possible. The current flow meter needs to be replaced with more current technology that is serviceable. It is important to inspect and rehabilitate the risers on the five-mile outfall to ensure integrity of the connections. • Rehabilitate the effluent junction structure on an interim basis to ensure integrity of the structure and minimize the risk of any unexpected discharges from the structure. • Inspect and rehabilitate the on-shore portion of the five-mile outfall. Page 2 of 3 ADDITIONAL INFORMATION (cont'd) • Provide appropriate contingency plans and environmental documents to support these rehabilitation efforts. Staff expects to complete the design and construction of the additional efforts by the end of 2012 along with the current scope of work for Project No. J-112. This is at least one year sooner than could be accomplished if the Sanitation District were to issue a Request for Proposal and select a new consultant for the additional work. Black and Veatch has done an excellent and thorough job in executing this project to date. Staff believes they are in the best position to perform the additional work in a timely fashion and reduce the overall risk exposure to the outfall discharge piping. CEQA This project has been determined to be categorically exempt in accordance with Section 15301 (b). A notice of exemption was filed on April 6, 2009. 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 60). Date of Approval Contract Amount Contingency 12/16/09 $1,271,814 $127,181 JH:DF:PK:el:gc Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, March 9, 2011, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on March 9, 2011, 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: John Anderson, Chair Jim Ruth, General Manager Brad Reese, Vice Chair Bob Ghirelli, Assistant General Manager Joe Carchio Jim Herberg, Assistant General Manager Jon Dumitru Lorenzo Tyner, Director of Finance Jeffrey Lalloway & Administrative Services Prakash Narain Lilia Kovac, Assoc. Clerk of the Board Janet Nguyen Jeff Reed, Director of Human Resources John Nielsen Mike White, Controller Sal Tinajero Wes Bauer Mark Waldman Dean Fisher John Withers Norbert Gaia Larry Crandall, Board Chair Randy Kleinman Troy Edgar, Board Vice Chair Juanita Skillman COMMITTEE MEMBERS ABSENT: OTHERS PRESENT: Dennis Mulqueeney, Alliant Karen Warden, Alliant PUBLIC COMMENTS: There were none REPORT OF COMMITTEE CHAIR: Committee Chair Anderson did not give a report. REPORT OF GENERAL MANAGER: General Manager, Jim Ruth, reported that there would not be a closed session. 3/9/11 Administration Committee Minutes Page 1 of 3 REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Director of Finance and Administrative Services, Lorenzo Tyner, briefly reviewed the plan to fund deferred compensation underfunding reported by OCERS due to uncollected contributions. Mr. Tyner recognized Assistant General Manager Jim Herberg for an update on the CIP Program, which was presented by Engineering Manager, Dean Fisher. The status included 64 projects at a combined value of $1.6 billion in planning, design or construction phases, while maintaining a 4.65% change order rate. Five (5) of the six (6) EPA milestones have been completed or are on schedule or ahead of schedule to meet full secondary treatment obligations. CONSENT CALENDAR: 1. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to approve minutes of the February 9, 2011, Administration Committee meeting. ACTION ITEMS: 2. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to Adopt Resolution No. OCSD 10-XX, Adopting Procedures for Settlement of Claims Made Against the Orange County Sanitation District (Sanitation District); Settlement of Claims Made by the Sanitation District; Collection of Delinquent Accounts Owing to the Sanitation District; Settlement of Civil or Administrative Actions; and Settlement of Workers' Compensation Actions; and Repealing Resolution No. OCSD 98-23. INFORMATIONAL ITEMS: 3. Status of 2011-12 Insurance Renewals Mr. Tyner introduced Risk Manager, Randy Kleinman, who provided a brief overview of the insurance renewal process and market trends and their effect to the Sanitation District. Dennis Mulqueeney of Alliant Insurance Services stated that insurance market is stable and expects it to remain stable up until renewal in June, with minimal increases. 4. FY 2011-12 Budget Update Controller, Mike White, presented an update to the development of the FY 2011-12 budget and its sources of estimated revenues that fund the annual budget for the Sanitation District. Revenues derive mainly from general service fees, industrial waste permit user fees, capital facilities capacity charges, property taxes, interest earnings, 3/9/11 Administration Committee Minutes Page 2 of 3 and debt proceeds and other sewer services. Mr. Tyner informed the Committee members that if the State removed the current property tax funding, it would require a 30% additional rate increase to make up the loss of funds. CLOSED SESSION: There was no closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Board Chair Crandall announced that OCSD and Accounting Manager, Edith Smith, received the Government Financial Officers Award (GFOA) Distinguished Budget Presentation Award. Mr. Crandall also announced that the new Board Member facility tour is scheduled for March 16, 2011 at 1:30 p.m. ADJOURNMENT The Chair declared the meeting adjourned at 6:10 p.m. Submitted by: Lilia Kovac, Committee Secretary 3/9/11 Administration Committee Minutes Page 3 of 3 ADMINISTRATION COMMITTEE Meeting Date To Bd. of Dir. 03/09/11 03/23/11 AGENDA REPORT Item Number Item Number 2 10 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance & Administrative Services SUBJECT: Settlement of Claims, Collection of Delinquent Accounts and Workers' Compensation Actions GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 11-04, Adopting Procedures for Settlement of Claims Made Against the Orange County Sanitation District (OCSD); Settlement of Claims Made by OCSD; Collection of Delinquent Accounts Owing to OCSD; Settlement of Civil or Administrative Actions; and Settlement of Worker's Compensation Actions; and repealing Resolution No. OCSD 98-23. SUMMARY Resolution No. OCSD 98-23 was adopted on July 1, 1998, and since that time, the Sanitation District has undergone organizational changes as well as operational changes that make the current Resolution outdated. The resolution has been updated to reflect these organizational changes as well as delegation of authority changes with respect to claims made against and by the Sanitation District, collection of delinquent accounts, civil or administrative actions and workers' compensation actions. PRIOR COMMITTEE/BOARD ACTIONS January 1998: Adopted Resolution No. OCSD 98-23 Adopting Procedures for Settlement of Claims Made Against the Sanitation District; Settlement of Claims Made by the Sanitation District; Collection of Delinquent Accounts Owing to the Sanitation District; Settlement of Civil or Administrative Actions; and Settlement of Worker's Compensation Actions ADDITIONAL INFORMATION N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS Resolution No. OCSD 11-04 http://sharepoint/gm/board/Published Board Agenda Packages/11.Settlement of Claims.docx Page 1 of 1 RESOLUTION NO. OCSD 11-04 ADOPTING SANITATION DISTRICT'S PROCEDURES FOR SETTLEMENT OF CLAIMS MADE AGAINST THE SANITATION DISTRICT; SETTLEMENT OF CLAIMS MADE BY THE SANITATION DISTRICT; COLLECTION OF DELINQUENT ACCOUNTS OWING TO THE SANITATION DISTRICT; SETTLEMENT OF CIVIL OR ADMINISTRATIVE ACTIONS; AND SETTLEMENT OF WORKERS' COMPENSATION ACTIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING SANITATION DISTRICT PROCEDURES FOR SETTLEMENT OF CLAIMS MADE AGAINST THE SANITATION DISTRICT; SETTLEMENT OF CLAIMS MADE BY THE SANITATION DISTRICT; COLLECTION OF DELINQUENT ACCOUNTS OWING TO THE SANITATION DISTRICT; SETTLEMENT OF CIVIL OR ADMINISTRATIVE ENFORCEMENT ACTIONS; AND SETTLEMENT OF WORKERS' COMPENSATION ACTIONS AND REPEALING RESOLUTION NO. OCSD 98-23 WHEREAS, claims for damages alleging personal injuries, bodily injuries, including death, and damages to real and personal property, are periodically made against the Sanitation District; and, WHEREAS, the Sanitation District presently has liability insurance in force with a significant self-insured retention, having previously been self-insured; and, WHEREAS, the Sanitation District has the need for the retention of claims administration services and legal counsel who shall be vested with certain limited authority to accomplish a favorable disposition of claims made against the Sanitation District; and, WHEREAS, claims for workers' compensation damages alleging personal injuries, including death, are periodically made against the Sanitation District; and, WHEREAS, the Sanitation District presently has major stop loss workers' compensation insurance in force; and, WHEREAS, the Sanitation District has retained a claims administration service firm and special legal counsel who shall be vested with certain limited authority to accomplish a favorable disposition of workers' compensation claims made against the Sanitation District as provided herein; and, 2000-00026 753636.1 1 WHEREAS, cost efficiency relating to resolution of workers' compensation claims can be greatly improved by the adoption of certain policies relating to the resolution of said claims; and WHEREAS, Government Code Section 935.4 authorizes the Board of Directors to delegate by resolution the authority to an employee to settle pre-litigation claims against the Sanitation District up to $50,000; and, WHEREAS, Government Code section 935.2 authorizes the Board of Directors to delegate by resolution the authority to a committee of at least three members to settle pre-litigation claims; and WHEREAS, Government Code Section 949 authorizes the Board of Directors to delegate authority to an employee or its attorney to settle lawsuits; and, WHEREAS, the Sanitation District has occasion to seek recovery against persons or entities who have caused loss or damage to the Sanitation District, who have been assessed fines, charges, or special fees relating to their use of Sanitation District facilities, or who have been the subject of civil or administrative enforcement proceedings for violation of the Sanitation District's Wastewater Discharge Regulations Ordinance; and, WHEREAS, in the course of conducting the business affairs of the Sanitation District, certain accounts receivable or other obligations owing to the Sanitation District become delinquent, and in fact, uncollectible; and, WHEREAS, cost efficiency relating to collection of delinquent accounts can be greatly improved by the adoption of certain policies relating to the collection of said accounts; and WHEREAS, the Board of Directors desires to update, amend, and reestablish procedures for the administration of claims against and by the Sanitation District. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY DETERMINE, RESOLVE AND ORDER: 2000-00026 753636.1 2 ARTICLE I SETTLEMENT OF LIABILITY CLAIMS MADE AGAINST SANITATION DISTRICT Section 1.1: A liability reserve has been established for the payment of claims made against the Sanitation District. Said reserve shall continue to be provided in each annual budget to ensure that sufficient funds are on deposit to provide for payment of those amounts incurred as a liability loss or expense. Section 1.2: Each annual budget shall provide, in addition to the reserve established by Section 1.1, for the necessary funds to provide a sufficient balance to meet projected expenses for loss and payment of claims during the ensuing fiscal year. Section 1.3: A claims administration firm is authorized to be retained, and said firm is hereby granted authorization to make payments and settlements of claims made against the Sanitation District in an amount not to exceed $5,000.00 per claimant. Said firm shall be retained in accordance with the terms and conditions set forth in an agreement approved by the General Counsel. Section 1.4: A Committee comprised of the General Manager or his designee and Director of Finance and Administrative Services are authorized to review and make full settlement of any claims made against the Sanitation District for contract or liability damages not otherwise covered by insurance by payment of a sum not to exceed $50,000.00 per claimant. In the event a claim results in litigation, which is being legally defended by other than the Sanitation District's General Counsel, this Committee shall review and provide the approval to the Sanitation District's special legal counsel within the same limits. Section 1.5: All claims for damages resulting in a judgment or a recommended settlement by negotiation in an amount exceeding $50,000.00 per claimant, shall be submitted to and approved by the Board of Directors of the Sanitation District. Section 1.6: The General Counsel, with concurrence of the General Manager, is authorized to retain the services of special legal counsel for purposes of representing the Sanitation District in the defense of any claim or matter of litigation, whenever it is determined that specialized expertise or experience is desirable, a conflict of interest exists or could arise with the Office of General Counsel, or that the workload of the Office of General Counsel requires the utilization of special counsel. 2000-00026 753636.1 3 ARTICLE II COLLECTION OF DELINQUENT OBLIGATIONS OWING TO THE SANITATION DISTRICT Section 2.1: The Director of Finance and Administrative Services is authorized to write off as an uncollectible debt any delinquent obligation owing to the Sanitation District in excess of 90 days and not exceeding the sum of$10,000.00. Section 2.2: The Director of Finance and Administrative Services, in his discretion, is authorized to assign for collection to a person or firm of his choosing, any delinquent obligation owing to the Sanitation District in excess of 45 days and not exceeding the sum of$100,000.00. Ninety (90) days after assigning the obligation for collection, the Director of Finance and Administrative Services is authorized to write off as an uncollectible debt any portion of the obligation which is still outstanding. Section 2.3: The Director of Finance and Administrative Services shall forward any delinquent obligation in excess of$100,000.00 to the General Counsel for the Sanitation District, who shall submit his recommendation to the Board of Directors as to the method of collection or disposition of said account. Section 2.4: The Director of Finance and Administrative Services, in his discretion, is authorized to file the necessary proceedings in the small claims court of the appropriate judicial Sanitation District of the County of Orange, in order to collect any delinquent obligation owing to the Sanitation District in excess of 45 days and not exceeding the sum of$5,000.00. Upon obtaining a judgment in favor of the Sanitation District, the Director of Finance and Administrative Services and General Counsel shall take all legal measures necessary to enforce the terms of the judgment. Ninety (90) days after receiving a final judgment in favor of the Sanitation District, the Director of Finance and Administrative Services, with the concurrence of the General Counsel, is authorized to write off as an uncollectible debt, any portion of the obligation which is still outstanding. 2000-00026 753636.1 4 Section 2.5: Notwithstanding the authority provided in Sections 2.2 and 2.3 above, any obligation owing to the Sanitation District, not exceeding the sum of $100,000.00, may be compromised by acceptance of a sum less than the full amount due or may be written off as uncollectible upon that determination being made, after investigation by a Committee comprised of the General Manager, or his designee, and the Director of Finance and Administrative Services. Section 2.6: In addition to the above authorization, the Director of Finance and Administrative Services is directed to exercise all available lawful methods to ensure prompt and full recovery of all obligations owing to the Sanitation District. Section 2.7: The Director of Finance and Administrative Services is authorized to offset against any sums held on deposit by the Sanitation District on behalf of any person or entity who owes a delinquent obligation to the Sanitation District. Section 2.8: The Director of Finance and Administrative Services is authorized to withhold the approval of any such permits otherwise to be issued by the Sanitation District to any person or entity who has an outstanding debt obligation owing to the Sanitation District until such time as said debt obligation is paid in full. Section 2.9: Delinquent obligations, as used in this Resolution, shall include any invoice submitted by the Sanitation District for services rendered or for reimbursement of damages caused to Sanitation District property or personnel, which has not been paid within: (a) The time prescribed by the Sanitation District Ordinance or Resolution; or (b) Forty-five (45) days from the date of invoice, whichever is later. ARTICLE III COLLECTION OF FEES AND CHARGES RELATING TO INDUSTRIAL WASTE DISCHARGES Section 3.1: In the event any fees or charges, up to the amount of$100,000.00, are owed by an Industrial Waste Permittee and are delinquent or in dispute between the Permittee and Sanitation District, a Committee comprised of the Director of Finance and Administrative Services, and Director of Engineering are authorized to negotiate and enter into, on behalf of the Sanitation District, a settlement agreement relating to the financial obligation owing to the Sanitation District. This Section shall not apply to 2000-00026 753636.1 5 enforcement actions which are specifically provided for in Article IV below. Said agreement shall be based upon a showing of good cause and a reasonable dispute between the Sanitation District and the Permittee, and can provide for acceptance of a sum less than the full amount claimed as due by the Sanitation District. This agreement may be entered into prior to or during the pendency of any litigation filed by the Sanitation District to collect the amount owed. Section 3.2: Upon written request and establishment of good cause by an Industrial Waste Permittee, the Committee of the General Manager, or his designee, the Director of Finance and Administrative Services, and Director of Engineering, may negotiate and enter into a deferred payment agreement with the Permittee in accordance with the guidelines established herein. Said agreement may be incorporated as part of, or separate and in addition to, any enforcement compliance agreements authorized by the provisions of the Sanitation District's Wastewater Discharge Regulations Ordinance. Section 3.2.1: The installment payment agreement shall be for a maximum term not to exceed 24 months. The agreement shall provide for payment of interest on the principal amount owing at a rate not exceeding the higher of: (a) Ten (10%) percent per annum; or (b) Five (5%) percent per annum, plus the rate prevailing on the 25th day of the month preceding the earlier of: (i) The date of execution of the contract to make the loan or forbearance; or (ii) The date of making the loan or forbearance. (Established by the Federal Reserve Bank of San Francisco on advances to member banks under Sections 13 and 13(a) of the Federal Reserve Act (commonly referred to as the "discount" rate). The agreement shall provide for payment of all costs of preparing and administering the payment agreement, including legal and administrative costs. Section 3.2.2: The agreement shall stipulate the penalties to which the Permittee shall be subjected in the event of nonpayment of any of the payments specified in the agreement, including initiation of legal action or permit suspension or revocation, as recommended by the General Counsel and the Director of Engineering Section 3.3: If the delinquent obligation is greater than $100,000.00, any compromise settlement or any deferred payment agreement shall be submitted to and approved by the Board of Directors, who shall prescribe the terms and conditions. 2000-00026 753636.1 6 ARTICLE IV SETTLEMENT OF CIVIL ADMINISTRATIVE ENFORCEMENT ACTIONS Section 4.1: In the event the Sanitation District initiates or intends to initiate any civil or administrative enforcement actions based upon alleged violations of the Sanitation District's Wastewater Discharge Regulations Ordinance, a Committee comprised of the General Manager, or his designee, the Director of Finance and Administrative Services, and Director of Engineering are authorized to negotiate and enter into, on behalf of the Sanitation District, a settlement agreement, which may include both payment to the Sanitation District in an amount up to $100,000.00, and enforcement compliance orders deemed appropriate to ensure compliance with the Wastewater Discharge Regulations Ordinance. This agreement may be entered into prior to or during the pendency of any administrative proceeding or litigation enforcement action. Section 4.2: The Committee of the General Manager, Director of Finance and Administrative Services, and Director of Engineering may negotiate and enter into a settlement agreement which includes a schedule of payments over a period of time not to exceed 24 months, by the person or entity which is the subject of the enforcement action. The agreement shall provide for payment of interest on the principal amount owing at a rate not exceeding the higher of: (a) Ten (10%) percent per annum; or (b) Five (5%) percent per annum, plus the rate prevailing on the 25th day of the month preceding the earlier of: (i) The date of execution of the contract to make the loan or forbearance; or (ii) The date of making the loan or forbearance. (Established by the Federal Reserve Bank of San Francisco on advances to member banks under Sections 13 and 13(a) of the Federal Reserve Act (commonly referred to as the "discount" rate).) Section 4.3: If the proposed settlement involves the payment of an amount greater than $100,000.00, the settlement shall be submitted for approval by the Board of Directors of the Sanitation District. 2000-00026 753636.1 7 ARTICLE V SETTLEMENT OF WORKERS' COMPENSATION CLAIMS MADE AGAINST THE SANITATION DISTRICT Section 5.1: A minimum liability reserve has been established in the amount of $250,000.00 for the payment of claims made against the Sanitation District. Said minimum amount shall continue to be provided for in each annual budget to ensure that sufficient funds are on deposit to provide for payment of those amounts incurred as a liability loss or expense. Section 5.2: Each annual budget shall provide, in addition to the reserve established by Section 5.1, for the sufficient funds to provide a sufficient balance to meet projected expenses for payment of claims during the ensuing fiscal year. Section 5.3: A claims administration firm is authorized to be retained, and said firm is hereby granted authorization to make payments and settlements of claims made against the Sanitation District in an amount not to exceed $5,000.00 per claimant. Said firm shall be retained in accordance with the terms and conditions set forth in an agreement approved by the General Counsel. Section 5.4: In addition to special legal counsel selected by the Sanitation District's Workers' Compensation Administrator, the General Counsel is authorized to retain the services of special legal counsel for purposes of representing the Sanitation District in the defense of any workers' compensation claim, wherein the General Counsel determines that specialized expertise is desirable or that the workload requires the utilization of outside counsel. Section 5.5: A Committee comprised of the General Manager, or his designee, Director of Finance and Administrative Services, and the Sanitation District's Risk Manager are authorized to review and make full settlement of any workers' compensation claim made against the Sanitation District by payment of a sum not to exceed $50,000.00, in addition to the actual medical expenses and temporary disability payments per claimant. In the event a claim results in litigation, which is being legally defended by other than the Sanitation District's General Counsel, this Committee shall review and provide the approval to the Sanitation District's special legal counsel within the same limits. Section 5.6: All claims resulting in a recommended settlement by negotiation or stipulation in an amount exceeding $50,000.00, in addition to the actual medical expenses and temporary disability payments per claimant, shall be submitted to and approved by the Board of Directors. 2000-00026 753636.1 8 Section 6.1: This Resolution supersedes Resolution No. 98-23, which shall be repealed in its entirety as of the date this Resolution becomes effective. In the event this Resolution does not become effective, Resolution No. 98-23 shall remain in full force and effect. Section 6.2: This Resolution is effective immediately upon adoption. PASSED AND ADOPTED at a Regular Meeting held March 23, 2011. Chair ATTEST: Associate Clerk of the Board 2000-00026 753636.1 9 Orange County Sanitation District ON,11 s"Hiraro Wednesday, March 16, 2011 Special Meeting of the y° 1:30 P.M—4:30 P.M. Board of Directors Plant 1 10844 Ellis Avenue Fountain Valley, CA THE E �Qd (714) 593-7124 AGENDA SPECIAL MEETING — New Board Member Orientation Tour of Facilities at Plant 1 ADJOURNMENT: The next Regular Meeting is scheduled for Wednesday, March 23, 2011, at 6:30 p.m. in the Administration Building located at the above address. 03/09/11 OCSD Board of Directors'Special Meeting Agenda Page 1 of 2 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) 593-7124 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. Lilia Kovac Associate Clerk of the Board (714)593-7124 Ikovac(o)ocsd.com 03/09/11 OCSD Board of Directors'Special Meeting Agenda Page 2 of 2