HomeMy WebLinkAbout03-07-2018 Operations Committee Meeting Agenda Packet Orange County Sanitation District Jp�1 SANir,,o Wednesday, March 7, 2018
Regular Meeting of the r"o^ 5:00 P.M.
OPERATIONS COMMITTEE e 9 Administration Building
Board Room
10844 Ellis Avenue
9of°r"� THE EH�P Fountain Valley, CA 92708
(714) 593-7433
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's
Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk
of the Board the item number on which you want to speak. Speakers will be recognized by the Chairman and
are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous
matters of general interest to the Committee Members. These reports are for information only and require no
action by the Committee.
CONSENT CALENDAR: The Consent Calendar Items are considered routine and will be enacted, by
the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for
separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the February 7, 2018 Operations
Committee Meeting.
2. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2,
PROJECT NO. P2-123 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Spec Services, Inc.
for the Return Activated Sludge Piping Replacement at Plant No. 2, Project
No. P2-123, for an amount not to exceed $668,217; and
B. Approve a contingency of $66,822 (10%).
03/07/2018 Operations Committee Agenda Page 1 of 5
3. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1, PROJECT
NO. P1-101 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a
contingency increase of $856,800 (12%) to the Professional Consultant Services
Agreement with HDR Engineering, Inc. to provide construction support services for
Sludge Dewatering and Odor Control at Plant No. 1, Project No. P1-101, for a total
contingency amount of $2,142,000 (30%).
4. NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72
(Rob Thompson)
RECOMMENDATION: Authorize the General Manager to execute a Cooperative
Agreement between the Orange County Sanitation District and the City of Anaheim
for traffic signal improvements on State College Boulevard along portions of the
Newhope-Placentia Trunk Replacement, Segment B, Project No. 2-72B, for an
estimated amount of $175,000, in a form approved by General Counsel.
5. EAST BASIN DISTRIBUTION BOX REPAIR, PROJECT NO. FE16-10
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a construction contract to Howard Ridley Company, Inc. for the East
Basin Distribution Box Repair, Project No. FE16-10, for a total amount not to
exceed $529,350; and
B. Approve a contingency of $52,935 (10%).
6. PURCHASE OF LATHE FROM REPUBLIC LAGUN MACHINE TOOL COMPANY,
TO REPLACE ACRA FEL-31200 LATHE (Ed Torres)
RECOMMENDATION:
A. Approve the purchase of an American Turnmaster Power One, 40 series lathe
from Republic Lagun Machine Tool Co., Specification E-2017-904, for an
amount not to exceed $145,559; and
B. Approve a contingency of $4,370 (3%).
03/07/2018 Operations Committee Agenda Page 2 of 5
7. PLANT NO. 2 CENTRAL GENERATION STEAM TURBINE REHABILITATION
(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order to Dresser-Rand for the assessment
and standard overhaul of the Steam Turbine at Plant No. 2, for an amount not
to exceed $245,424, including applicable tax and freight; and
B. Approve a contingency of $49,085 (20%).
8. SITE ACCESS AND LICENSE AGREEMENT — BREA DOSING STATION
(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a new Site Access and License agreement with Pacific Quality
Partners to lease property for the purpose of installing, maintaining, and
operating a chemical dosing station at 1355 West Imperial Highway in the city
of Brea, for a term of 36 months, at the following lease terms, in a form
approved by General Counsel:
• April 22, 2018 through April 21, 2019, $2,500 per month
• April 22, 2019 through April 21, 2020, $2,560 per month
• April 22, 2020 through April 21, 2021, $2,620 per month; and
B. Authorize the General Manager or designee to negotiate and subsequently
award an option for an additional 36-month lease renewal period beginning
April 22, 2021.
NON-CONSENT:
9. SCADA SYSTEM AND NETWORK UPGRADES, PROJECT NO. P2-107
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a
contingency increase of $211,365 (7.5%) to the Professional Design Services
Agreement with Brown and Caldwell for SCADA System and Network Upgrades,
Project No. P2-107, for a total contingency amount of $493,185 (17.5%).
10. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117 AND
SCADA SYSTEM AND NETWORK UPGRADES, PROJECT NO. P2-107
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a budget increase of $19,000,000 for Ocean Outfall System
Rehabilitation, Project No. J-117, for a total budget amount of $166,000,000;
and
03/07/2018 Operations Committee Agenda Page 3 of 5
B. Approve a budget reduction of $19,100,000 for SCADA System and Network
Upgrades, Project No. P2-107, for a total budget amount of $5,000,000.
11. SOLE SOURCE LOAD SHEDDING AND PROTECTIVE RELAY SYSTEM
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Authorize staff to specify Schweitzer Engineering Laboratories as the sole
source provider for current and future projects equipment, materials, and
services for electrical power system protective relays and load-shedding
systems at Plant Nos. 1 and 2;
B. Authorize staff to negotiate service agreements for services related to
protective relays and load-shedding systems for current and future projects,
and for on-going operations and maintenance at Plant Nos. 1 and 2; and
C. Ratify the addition of Schweitzer Engineering Laboratories to the list of
pre-approved Original Equipment Manufacturers for procurements under
$100,000 for equipment, materials, and services for electrical power system
protective relays and load-shedding systems.
INFORMATION ITEMS:
12. SEAL BEACH PUMP STATION REHABILITATION, PROJECT NO. 3-62, AND
REHABILITATION OF THE WESTERN REGIONAL SEWERS, PROJECT NO. 3-64
(Rob Thompson)
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, April 4, 2018 at
5:00 p.m.
03/07/2018 Operations Committee Agenda Page 4 of 5
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related
accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714) 593-7433 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.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any
action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Clerk of the Board
(714)593-7433
klore(a)ocsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 Iherberg(@ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli ocsd.com
Assistant General Manager Rob Thompson (714)593-7310 rthomPson(@msd.com
Director of Environmental Jim Colston (714)593-7450 Icolston(cDocsd.com
Services
Director of Operations& Ed Torres (714)593-7080 etorres(a)ocsd.com
Maintenance
03/07/2018 Operations Committee Agenda Page 5 of 5
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, February 7, 2018, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee Chair
Withers on Wednesday, February 7, 2018 at 5:00 p.m. in the Administration Building.
Director Bernstein led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
Ellery Deaton, Vice-Chair Bob Ghirelli, Assistant General Manager
Denise Barnes Celia Chandler, Director of Human Resources
Allan Bernstein Rob Thompson, Director of Engineering
Stacy Berry (Alternate) Ed Torres, Director of Operations & Maintenance
Robert Collacott Lorenzo Tyner, Director of Finance &
Phil Hawkins Administrative Services
Steve Jones Kelly Lore, Clerk of the Board
Richard Murphy Cindi Ambrose
Tim Shaw Jennifer Cabral
Fred Smith Ron Coss
Greg Sebourn, Board Chair Mike Dorman
David Shawver, Board Vice-Chair Mark Esquer
Dean Fisher
COMMITTEE MEMBERS ABSENT: Alfredo Garcia
Michelle Steel Tom Grant
Kathy Millea
Jeff Mohr
Ddaze Phuong
Tyler Ramirez
Roya Sohanaki
Jim Spears
OTHERS PRESENT:
Brad Hogin, General Counsel
Bob Ooten, Alternate Director (CMSD)
PUBLIC COMMENTS:
None.
Late Communication was provided by Clerk of the Board Kelly Lore regarding the addition
of the Specification No. in the staff recommendation of Item No. 6.
02/07/2018 Operations Committee Minutes Page 1 of 7
REPORT OF COMMITTEE CHAIR:
Committee Chair Withers did not provide a report.
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg did not provide a report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, and DULY CARRIED TO: Approve Minutes of the
December 6, 2017 Operations Committee Meeting.
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
2. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
MOVED, SECONDED, and DULY CARRIED TO: Receive and file the Fiscal Year
2017/18 Second Quarter Odor Complaint Summary.
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
3. ANNUAL MANHOLE REHABILITATION SERVICES CONTRACT
(Ed Torres)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a Service Contract for Specification No. S-2017-895BD, annual
manhole rehabilitation services, to Ayala Engineering, for a total amount not
to exceed $266,945 for the period beginning April 1, 2018 through March
31, 2019, with four one-year renewal options; and
B. Approve a contingency of $40,042 (15%).
02/07/2018 Operations Committee Minutes Page 2 of 7
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
4. PLANT NO. 1 ACTIVATED SLUDGE AERATION DIFFUSER MEMBRANE
REPLACEMENT REPAIR (Ed Torres)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Purchase Order Contract to IQA Construction Inc. to provide
rehabilitation services for up to six (6) Aeration Basins at Plant No. 1,
Specification No. S-2017-87513D, for a total amount not to exceed
$232,001;
B. Approve a contingency of $46,400 (20%); and
C. Approve a Sole Source Purchase Order to DC Frost Associates Inc.
(exclusive representative for Xylem Sanitaire) for the required mechanical
parts for three (3) Aeration Basins at Plant No. 1, for a total amount not to
exceed $106,098.
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
5. INCREASE TO PURCHASE ORDER FOR ACCESS WAY MAINTENANCE &
REPAIR, SPECIFICATION NO. S-2017-857 (Ed Torres)
MOVED, SECONDED, and DULY CARRIED TO: Approve an increase with Excel
Door & Gate Company for preventative and corrective maintenance repairs,
Specification No. S-2017-857, for the period July 1, 2017 through June 30, 2018,
for an additional amount of $50,000, increasing the total amount not to exceed
$140,000.
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
02/07/2018 Operations Committee Minutes Page 3 of 7
6. HOSE REEL TRAILER FOR TEN-INCH PUMPS (Ed Torres)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award the purchase of 2,640 feet of twelve-inch lay flat sewer hose with
mobile hose reel trailer to West Coast Safety Supply, Specification No.
E-2017-910BD for a total cost of $295,704; and
B. Approve a contingency amount of $29,570 (10%).
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
7. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT
(Rob Thompson)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to: Receive and file the Capital Improvement Program Contract
Performance Report for the period ending December 31 , 2017.
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
8. SECOND AMENDMENT TO THE 1972 WASTEWATER INTERCEPTOR
CAPACITY AGREEMENT DATED APRIL 12, 1972 TO MODIFY THE
COST-SHARING REACH DEFINITIONS FOR THE NEW PIPING SEGMENTS
(Rob Thompson)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to: Approve a Second Amendment to the Wastewater Interceptor
Capacity Agreement dated April 12, 1972, between Orange County Sanitation
District and Santa Ana Watershed Project Authority to modify the cost-sharing
reach designations for the newly installed pipe and metering station.
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
02/07/2018 Operations Committee Minutes Page 4 of 7
9. CONTRACTING AQUATIC BIOASSAY & CONSULTING LABORATORIES,
INC. FOR TAXONOMIC SERVICES (Jim Colston)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a service contract to Aquatic Bioassay & Consulting Laboratories,
Inc., Specification No. S-2017-881, to provide taxonomic services,
specifically infauna sample sorting and echinoderm (e.g., sea stars)
taxonomic identification, for a total amount not to exceed $190,630, for the
period March 1, 2018 through February 28, 2019, with four (4) one-year
renewal options; and
B. Approve a contingency of $19,063 (10%).
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
NON-CONSENT CALENDAR:
10. SECONDARY TREATMENT AND PLANT WATER VFD REPLACEMENT AT
PLANT NO. 1, PROJECT NO. FE15-07 (Rob Thompson)
Engineering Manager Mike Dorman provided a PowerPoint and brief overview of
the project.
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a construction contract to Helix Electrical, Inc. for Secondary
Treatment and Plant Water VFD Replacement at Plant No. 1, Project No.
FE15-07, for a total amount not to exceed $1,797,000; and
B. Approve a contingency of $179,700 (10%).
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Sebourn, Shaw, Shawver,
F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Steel
02/07/2018 Operations Committee Minutes Page 5 of 7
Board Chairman Sebourn stated a recusal and left the room during discussion and the
vote of Item No. 11.
11. PROCESS CONTROL SYSTEMS UPGRADES STUDY, PROJECT NO. SP-196
(Rob Thompson)
Engineering Manager Mike Dorman provided an informative PowerPoint and
overview of the project.
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Services Agreement with Stantec Consulting
Services, Inc. to provide engineering services for the Process Control
Systems Upgrades Study, Project No. SP-196, for an amount not to exceed
$1,398,866; and
B. Approve a contingency of $139,887 (10%).
AYES: Barnes, Bernstein, Berry (Alternate), Collacott, Deaton,
Hawkins, S. Jones, Murphy, Shaw, Shawver, F. Smith, and
Withers
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn (recusal) and Steel
INFORMATION ITEMS:
12. BATTERY STORAGE SYSTEM AT PLANT NO. 1, PROJECT NO. FE17-03
(Rob Thompson)
Engineering Manager Mike Dorman provided an informative PowerPoint regarding
the Battery Energy Storage System including: Summer peak demand, LCR and
future Super-Peak Operations, Plant Loads Modifications, and key procurement
dates. Mr. Dorman also responded to questions from the Committee.
DEPARTMENT HEAD REPORTS:
Mr. Herberg reminded the Committee of the upcoming GWRS 10th Anniversary event to
be held on Friday, February 16th from 3:30 — 6:30 p.m. and encouraged everyone to
attend. He also stated that the OCSD administrative offices will be closed in observance
of the Presidents' birthdays on Feb. 12 & 19.
Mr. Herberg stated that the Ordinances for the rate increases will be brought to the
February Administration Committee and will be introduced to the full board on
February 28. He also stated the Proposition 218 notices will be mailed on Friday,
February 9.
02/07/2018 Operations Committee Minutes Page 6 of 7
Director of Engineering Rob Thompson reported the successful completion of the pipe
bursting project in Newport Beach, which therefore will not require the use of the approved
contingency.
Mr. Thompson stated that OCSD staff is currently working with agency staff in the cities
of Seal Beach, Cypress, Los Alamitos, La Palma, Buena Park, Anaheim, and OCTA in
coordination of Project 3-64; and will hold a partnering meeting on February 22 at the
Cypress Community Center to provide information and a better understanding of the
project; and to ensure that the needs of all will be met.
Board Chair Sebourn also encouraged the Committee to register and attend the GWRS
10t" Anniversary Winterfest this Thursday for the kickoff event and the all-day events on
Friday.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None.
ADJOURNMENT
Committee Chair Withers declared the meeting adjourned at 5:45 p.m. to the next
scheduled meeting of Wednesday, March 7, 2018 at 5:00 p.m.
Submitted by,
Kelly A. Lore, MMC
Clerk of the Board
02/07/2018 Operations Committee Minutes Page 7 of 7
OPERATIONS COMMITTEE Meeting Date To Dir.
03/07/18 03/3/28/18
AGENDA REPORT Item Number Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT
NO. 2, PROJECT NO. P2-123
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with Spec Services, Inc. for
the Return Activated Sludge Piping Replacement at Plant No. 2, Project
No. P2-123, for an amount not to exceed $668,217; and
B. Approve a contingency of $66,822 (10%).
BACKGROUND
Orange County Sanitation District (Sanitation District) Plant No. 2 has two biological
secondary treatment facilities, one of which is the High Purity Oxygen Activated Sludge
Plant, with a rated capacity of 90 million gallons per day, which is approximately 60% of
the Plant No. 2 rated capacity. This Plant was built in the mid-1980s and includes 1 ,800
feet of sludge return piping and appurtenances ranging in size from 4 inches to 36 inches.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• 24/7/365 treatment plant reliability
PROBLEM
The return activated sludge piping system is severely corroded and has had numerous
corrosion-related leaks resulting in process interruptions and the expenditure of staff time
for repairs. The corrosion is significant enough that a sudden leak could be a safety issue
in the tunnel system.
PROPOSED SOLUTION
Replace the return activated sludge piping and valves. The services of a design
consulting firm are required to complete this work.
Page 1 of 4
TIMING CONCERNS
A sudden pipeline rupture could present a safety issue for Operations staff. The loss of
a section of piping could also lead to a short-term loss of operational flexibility in the
aeration basin facilities.
RAMIFICATIONS OF NOT TAKING ACTION
Reliability of the treatment process will suffer and Maintenance staff will be required to
make inefficient, unplanned repairs to maintain the full operational ability of the aeration
basin facilities. A sudden pipeline rupture is a risk to staff and equipment in the tunnel
system.
PRIOR COMMITTEE/BOARD ACTIONS
April 2017 - The Board established a project for Return Activated Sludge Piping
Replacement at Plant No. 2, Project No. P2-123, and a budget of $15,000,000.
ADDITIONAL INFORMATION
Consultant Selection:
The Sanitation District requested and advertised for proposals for Return Activated
Sludge Piping Replacement at Activated Sludge Plant No. 2, Project No. P2-123, on
October 31, 2017. The following evaluation criterion were described in the Request for
Proposals (RFP) and used to determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 20%
Related Project Experience 40%
Project Team and Staff Qualifications 40%
Six proposals were received on November 30, 2017 and evaluated in accordance with the
evaluation process set forth in the Sanitation District's Purchasing Ordinance, by a
pre-selected Evaluation Team consisting of the following Sanitation District's staff.
Don Stokes Maintenance Superintendent
William Cassidy Engineering Supervisor
Rich Leon Project Manager
The Evaluation Team also included one non-voting technical advisor from Sanitation
District staff and one non-voting representative from the Contracts Administration
Division.
Following scoring by the Evaluation Team, four consultants were shortlisted for interviews
on December 14, 2017. Following the interview, each member of the Evaluation Team
Page 2 of 4
ranked the consultants based on both the proposal and interviews using the evaluation
criteria and weighting described above.
Based on the ranking shown below, Spec Services, Inc. was selected as the most
qualified Consultant.
AECOM
Consultant Technical Atkins North CDM Smith, Spec
Evaluator Services Inc. America, Inc. Inc. Services Inc.
Evaluator 1 4 2 3 1
Evaluator 2 4 2 3 1
Evaluator 3 3 2 4 1
Combined 4 2 3 1
Ranking
Spec Services, Inc. was selected based on the strength of their team experience and their
ability to identify and focus on important Sanitation District concerns of the project.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. In accordance with the Sanitation
District's Purchasing Ordinance, the fee proposal of only the highest-ranked firm was
opened after approval by the Director of Engineering of the Evaluation Team's
recommendation.
Staff conducted negotiations with Spec Services, Inc. to clarify the requirements of the
Scope of Work, the assumptions used for the estimated level of effort, and the proposed
approach to meet the goals and objectives for the project. A total of two meetings were
held with the top-ranked proposer, Spec Services, Inc., to review, in detail, each project
element, the assumptions regarding the project elements, the requirements of each task
in the scope, and the basis for estimating the associated level of effort. Sanitation District
staff clarified the Sanitation District's standards for construction documents. The
clarification resulted in a significant reduction in the number of design documents and the
level of detail contained within each document.
Original Fee
Proposal Negotiated Fee
Total Hours 6,991 3,970
Total Fee $1,207,468 $668,217
The Consultant's fringe and overhead costs, which factor into the billing rate, have been
substantiated. The contract profit is 9.36%, which is based on an established formula
based on the Sanitation District's standard design agreements.
Page 3 of 4
Based on the above, staff has determined that the final negotiated fee is fair and
reasonable for the level of effort required for this project and recommends award of the
Professional Design Services Agreement to Spec Services, Inc.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in
CEQA Guidelines (14 California Code of Regulations) Sections 15301. Section 15301
(Class 1) exempts from CEQA projects involving "the operation, repair, maintenance,
permitting, leasing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion of
use beyond that existing at the time of the lead agency's determination." This exemption
includes, but is not limited to, projects involving "[b] Existing facilities of both investor and
publicly-owned utilities used to provide electric power, natural gas, sewerage, or other
public utility services."
The project is exempt because it involves repairs and minor replacement of existing
facilities involving no expansion of use or capacity.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Budget Update FY2017-18, Page A-14) and
the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Draft Professional Design Services Agreement
RL:dm:gc
Page 4 of 4
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the oEffectiveDate)) day of
((Effective Month)), <(EffectiveMonth)) by and between the ORANGE COUNTY SANITATION
DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and «Company», for purposes
of this Agreement hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Return
Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123; and to provide
Design services for analyzing the existing Return Activated Sludge (RAS) piping system and
preparaing drawings to span the limits of the work to show the demolition and replacement of
the piping and appurtenances; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «Board Meeting Date)) the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee pursuant to
SANITATION DISTRICT Ordinance No. OCSD-47 to approve this Agreement between the
SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment "A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
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shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is one hundred
percent (100%) accurate for the level of work submitted (i.e. correct references,
terms, capitalization or equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD format to the
SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of twenty-five (25)
calendar days during which the SANITATION DISTRICT shall perform
appropriate reviews and including CAD Manual compliance. CONSULTANT shall
correct any discrepancies or errors detected and reported within the acceptance
period at no additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one (1) source, and shall
not design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific product
or equipment for competitive procurement, such recommendation shall include at
least two (2) brand names of products that are capable of meeting the functional
requirements applicable to the project.
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F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a) was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b) subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed «ConsultantTotalDollar»
Dollars ($«ConsultantTotalDollar»). Total compensation to CONSULTANT
including burdened labor (salaries plus benefits), overhead, profit, direct costs,
and Subconsultant(s) fees and costs shall not exceed the sum set forth in
Attachment "E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits) actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment "E" - Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
ten percent (10%). Between $250,000 and $2,500,000, the maximum Profit shall
be limited by a straight declining percentage between ten percent (10%) and five
percent (5%). For consulting or subconsulting services fees with a value greater
than $2,500,000, the maximum Profit shall be five percent (5%). Addenda shall
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be governed by the same maximum Profit percentage after adding consulting
services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment "E" - Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment "E" - Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment "E" - Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment "D" - Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 - COMPENSATION above.
G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to
modifications to the Scope of Work resulting from field investigations and field
work required by Contract. These items may include special equipment, test
equipment and tooling and other materials and services not previously identified.
Refer to Attachment "D" Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment "Y - Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan" as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
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the IRS. The most recent schedule of the per diem rates utilized by the
SANITATION DISTRICT can be found on the U.S. General Services
Administration's website at http://www.gsa.gov/portal/category/l04711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem" as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging — Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals — Per-diem rates as approved by the IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment "D" -Allowable Direct Costs of this Agreement.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
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any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2 - COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%) of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
The SANITATION DISTRICT's Director of Engineering may, at his or her
discretion, retain an amount equal to that which insures that the total amount
paid to that date does not exceed the percentage of the completed work for each
project element or the project in its entirety.
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C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 - COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes
to be presented to an officer or employee of the SANITATION DISTRICT a false
claim or request for payment or approval; b) knowingly makes, uses, or causes to
be made or used a false record or statement to get a false claim paid or approved
by the SANITATION DISTRICT; c) conspires to defraud the SANITATION
DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT;
d) knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the SANITATION
DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to
the SANITATION DISTRICT, and fails to disclose the false claim to the
SANITATION DISTRICT within a reasonable time after discovery of the false claim.
5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq,
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CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the work is subject to compliance monitoring and enforcement by the
DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement of the Department of Industrial
Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(e).
6. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
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7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below "B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: One
Million Dollars ($1,000,000) per occurrence with One Million Dollars ($1,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability (for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground) and Riggers/On Hook Liability must be included in the
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
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D. Automotive/Vehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of One Million Dollars ($1,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Two Million Dollars
($2,000,000) with limits in accordance with the provisions of this Paragraph. If the
policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
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CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10) days prior to the
expiration of each policy term.
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010) or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of (ISO Forms)
CG 2010 1001 and CG 2037 1001
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty (30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty (30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
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description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of the SANITATION
DISTRICT's Risk Management Division, and shall be received by the
SANITATION DISTRICT not less than thirty (30) days prior to the effective date
of the change(s) if the change would reduce coverage or increase deductibles or
SIR amounts or otherwise reduce or limit the scope of insurance coverage
provided to the SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
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O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered engineer
but represents and agrees that wherever in the performance of this Agreement requires
the services of a registered engineer. Such services hereunder will be performed under
the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 13 of 20
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the SANITATION
DISTRICT for review and audit, all project related accounting records and
documents, and any other financial data within fifteen (15) days after receipt of
notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Larry Roberson, Senior Contracts Administrator
Copy: Richard Leon, Project Manager
Notices shall be mailed to CONSULTANT at:
((CONSULTANT COMPANY))
«Street Address»
«City, State Zip»
Attention: (<CONSULTANT's Representative))
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT staff must be approved in writing
by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 14 of 20
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty (30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13 - NOTICES.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
16. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all Federal, State and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 15 of 20
disbursements in addition to any other relief to which it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth (10t") day of the
following month and must include as a minimum: 1) current activities, 2) future activities,
3) potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims") which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 16 of 20
Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall
the insurance requirements and limits set forth in this Agreement be construed to limit
CONSULTANT's indemnification obligation or other liability hereunder. The terms of this
Agreement are contractual and the result of negotiation between the parties hereto.
Accordingly, any rule of construction of contracts (including, without limitation, California
Civil Code Section 1654) that ambiguities are to be construed against the drafting party,
shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs
of defending the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
25. COMPLIANCE WITH OCSD POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all OCSD policies and procedures
including the OCSD Safety Standards, as applicable, all of which may be amended from
time to time.
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 17 of 20
26. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30) days of receipt of notice of
Agreement closeout.
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the parties
and supersedes all previous negotiations between them pertaining to the subject matter
thereof.
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 18 of 20
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: COMPANY NAME
By
Date
Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and
Materials Management Manager
[Note: List of Attachments below in the "Sample PDSA" for RFP package]
Attachments: Attachment "A" — Scope of Work
Attachment "B" — Labor Hour Matrix
Attachment "C"— Conflict of Interest Disclaimer
Attachment "D"—Allowable Direct Costs
Attachment "E" — Fee Proposal
Attachment "F"— Professional Design Services Agreement (PDSA)
Attachment "G" —Acknowledgement of PDSA/PCSA
Attachment "H"— Professional Construction Services Agreement (PCSA)
Attachment "I" — Cost Matrix and Summary
Attachment "J"—Acknowledgement of Addenda Receipt
Attachment "K" — Hourly Rate Schedule for Minor Subconsultant
Attachment "L" — OCSD Safety Standards
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 19 of 20
[Note: List of Attachments below in the "Final PDSA"]
Attachments: Attachment "A" — Scope of Work
Attachment "B" — Labor Hour Matrix
Attachment "C"— Not Used (or Not Attached)
Attachment "D"—Allowable Direct Costs
Attachment "E" — Fee Proposal
Attachment T" — Not Used (or Not Attached)
Attachment "G" — Not Used (or Not Attached)
Attachment "H"— Not Used (or Not Attached)
Attachment "I" — Cost Matrix & Summary
Attachment "T— Not Used (or Not Attached)
Attachment "K" — Hourly Rate Schedule for Minor Subconsultant
Attachment "L" — OCSD Safety Standards
LDR:xx
PDSA PROJECT NO. P2-123
Revised 091217 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2
Page 20 of 20
OPERATIONS COMMITTEE Meeting Date To Dir.
03/07/18 03/3/28/18
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1,
PROJECT NO. P1-101
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of $856,800 (12%) to the Professional Consultant
Services Agreement with HDR Engineering, Inc. to provide construction support services
for Sludge Dewatering and Odor Control at Plant No. 1, Project No. P1-101 , for a total
contingency amount of $2,142,000 (30%).
BACKGROUND
Sludge Dewatering and Odor Control at Plant No. 1, Project No. P1-101, replaces existing
solids dewatering, sludge thickening, and odor control systems at the Orange County
Sanitation District (Sanitation District) Plant No. 1 . The objectives of the project include
the following:
1. Additional solids handling capacity to support expansion of the Ground Water
Replenishment System (GWRS).
2. Replacement of aging sludge dewatering facilities built in the late 1970s and early
1980s.
3. Lowering biosolids management costs by $3.6 milion per year by reducing water
content.
4. Improving sludge thickening to avoid the need to construct new digesters.
HDR Engineering, Inc. was awarded a Professional Consultant Services Agreement for
engineering support services during construction, including reviewing contractor
submittals, responding to requests for information, preparing design modifications, and
providing other services needed of the original design firm. This support is essential for
successful completion of the project.
In April 2017, the Board approved a Consultant contingency increase related to
construction delays and unexpected complexities which resulted in significantly more
requests for information and design changes. This increase was based on the
expectation at the time that construction would be finishing and commissioning beginning
in September 2017. Now, commissioning is expected to begin in earnest in late March
2018. Consultant costs are being incurred proportionally with the delay.
Page 1 of 3
At the time, the Professional Consultant Services Agreement was negotiated, the
expectation was that operational expertise and engineering support during
commissioning could be provided by Sanitation District staff. In the following years, staff
has concluded that commissioning and startup will be more complex than originally
envisioned, and that those activities involve substantial risks such as delays and claims,
operational impacts, and unsustainable demands on operational staff. For this reason,
staff recommends utilizing commissioning support from the Consultant's process startup
specialist during the commissioning phase of the project. This specialist has a proven
track record with the Sanitation District.
RELEVANT STANDARDS
• Sound engineering and accounting practices, complying with local, state and
federal laws
PROBLEM
There is insufficient Consultant contract contingency to fund the engineering support
services through the construction phase of the project and for the commissioning
specialist support during commissioning.
PROPOSED SOLUTION
Increase the Consultant contract contingency.
TIMING CONCERNS
Construction is nearing completion and commissioning activities are ramping up. To
complete all remaining work and address any unknown conditions that arise, the
additional consultant services are needed such that design clarifications can be
addressed timely, commissioning can progress as scheduled without delay to the project,
and the new facilities can be commissioned successfully.
RAMIFICATIONS OF NOT TAKING ACTION
The current contingency is insufficient to cover the projected costs for Consultant support
needed to complete the project. Without the additional funds, construction and
commissioning activities would be severely hampered and project delays would be
incurred.
PRIOR COMMITTEE/BOARD ACTIONS
February 2017 - Approved a contingency increase of$714,000 (10%) to the Professional
Consultant Services Agreement with HDR Engineering, Inc. to provide construction
support services for Sludge Dewatering and Odor Control at Plant No. 1, Project
No. P1-101 , for a total contingency amount of $1,285,200 (18%).
Page 2 of 3
April 2012 - Approved a Professional Consultant Services Agreement with HDR
Engineering, Inc. to provide bid and construction support services for Sludge Dewatering
and Odor Control at Plant No. 1, Project No. P1-101, for an amount not to exceed
$7,140,000, and approved a contingency of $571,200 (8%).
November 2011 -Authorized the General Manager to negotiate a Professional Consultant
Services Agreement with HDR Engineering, Inc. for engineering support services during
construction of Project No. P1-101, Sludge Dewatering and Odor Control at Plant No. 1.
ADDITIONAL INFORMATION
N/A
CEQA
Construction of this project is within the scope of the Subsequent Environmental Impact
Report for the Secondary Treatment and Plan Improvement Project dated March 2005.
The Subsequent Environmental Impact Report for the Secondary Treatment and Plan
Improvement Project, supplementing the Sanitation District's Strategic Plan Program
Environmental Impact Report (PEIR), was certified in October 1999. Pursuant to CEQA
Guidelines section 15168(c)(4), the Sanitation District has used a written checklist to
document its evaluation of the project and has determined that the project is still within
the scope of program EIR.
In addition, the project was determined to be eligible for a categorical exclusion under the
National Environmental Pollution Act (NEPA) in June 2006.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (FY2016-17 and 2017-18), Section 8, Page 50,
and the budget is sufficient for this action. Staff is currently evaluating the likely cost to
complete the project including additional staff costs, potential additional construction
costs, and this request. Based on that evaluation, staff will request the appropriate budget
adjustment as part of the annual budget development and approval process.
Date of Approval Contract Amount Contingency
04/25/12 $7,140,000 $ 571,200 (8%)
02/22/17 $ 714,000 (10%)
03/28/18 $ 856,800 (12%)
$ 2,142,000 (30%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
AL:JM:dm:gc
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To Bd. of Dir.
03/07/18 --
AGENDA REPORT Item Number Item Number
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute a Cooperative Agreement between the
Orange County Sanitation District and the City of Anaheim for traffic signal improvements
on State College Boulevard along portions of the Newhope-Placentia Trunk
Replacement, Segment B, Project No. 2-72B, for an estimated amount of $175,000, in a
form approved by General Counsel.
BACKGROUND
Newhope-Placentia Trunk Replacement, Segment B, Project No. 2-72B, replaces the
Newhope-Placentia Trunk with a larger sewer in State College Boulevard from the
91 Freeway to Orangewood Avenue, Anaheim. The project is currently within the bid
phase.
There are 19 intersections within this corridor where traffic operations will be disrupted
because the Contractor will be digging through the in-pavement magnetic loops that
detect the presence of cars at intersections. The City of Anaheim (City) has
recommended that vehicle detection cameras be mounted on traffic signals so traffic
operations will not be disrupted during the magnetic loop removal and reinstallation. The
City and Orange County Sanitation District (Sanitation District) are developing a
cooperative agreement that allows the improvements to be installed by the City and
reimbursed by the Sanitation District for an approximate cost of $175,000. The cost for
the Sanitation District to remove and reinstall the magnetic loops is estimated at
$264,000. The installation of the traffic detection cameras eliminates the need to reinstall
the magnetic loops, thus resulting in a cost savings of approximately $89,000.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with neighboring agencies
• Ensure the public's money is wisely spent
Page 1 of 3
PROBLEM
Installation of vehicle detection cameras must be done by the City, who requires
reimbursement for their expenses.
PROPOSED SOLUTION
Execute an agreement with the City in which the Sanitation District reimburses the City
for the cost of the cameras, and the City waives the requirement to reinstall magnetic
loops.
TIMING CONCERNS
The agreement requires approval so the detection cameras can be installed prior to
construction. This project is out for bidding and scheduled to be awarded by the
Sanitation District Board of Directors in April or May 2018.
RAMIFICATIONS OF NOT TAKING ACTION
Without the Cooperative Agreement, the impacted intersections will cause traffic impacts
to the traveling public. The Sanitation District will have to reinstall the magnetic loops and
not take advantage of an estimated $89,000 cost savings.
PRIOR COMMITTEE/BOARD ACTIONS
November 2017 - Approved Cooperative Agreement between the Sanitation District and
the City of Anaheim for paving, landscaping, and sewer improvements.
March 2017 - Approved Cooperative Agreement between the Sanitation District and the
City of Anaheim for water line replacements.
ADDITIONAL INFORMATION
N/A
CEQA
The Sanitation District, as lead agency, prepared a Program Environmental Impact
Report (PEIR) entitled 1999 OCSD Strategic Plan. The Board certified the PEIR on
October 27, 1999. The Sanitation District filed a Notice of Determination on
October 29, 1999. In February 2016, the Sanitation District received and filed an
Addendum to the PEIR. The Sanitation District filed a Notice of Determination on
February 29, 2016.
Page 2 of 3
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (FY2017-18 Budget Update, Appendix, Page
A-7, Project No. 2-72). The expense of this agreement will be offset by the savings in the
cost of the construction contract.
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
AN:dm:gc
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To Dir.
03/07/18 03/3/28/18
AGENDA REPORT Item Number Item Number
5
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: EAST BASIN DISTRIBUTION BOX REPAIR, PROJECT NO. FE16-10
GENERAL MANAGER'S RECOMMENDATION
A. Award a construction contract to Howard Ridley Company, Inc. for the East Basin
Distribution Box Repair, Project No. FE16-10, for a total amount not to exceed
$529,350; and
B. Approve a contingency of $52,935 (10%).
BACKGROUND
Orange County Sanitation District's (Sanitation District) Plant No. 1 includes two parallel
trains of primary clarifiers; one set of circular clarifiers built in 1959 and one set of
rectangular clarifiers built in 1992 and expanded in 2003. A recent concept report
determined that the circular clarifiers are in very poor condition and should be replaced
rather than rehabilitated. Replacement of these clarifiers will be performed as part of the
Primary Clarifier Replacement and Improvements at Plant No. 1, Project No. P1-126,
which is currently scheduled to start construction in December 2023.
The East Basin Distribution Box (EBDB) is used to distribute flow to the circular clarifiers.
A recent condition assessment of this structure concluded that the upper interior wall
surfaces and top deck are deteriorated, creating an unsafe environment for operating and
maintaining the diversion gates. As a result, the circular clarifiers have been removed
from service indefinitely.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• 24/7/365 treatment plant reliability
PROBLEM
The deteriorated condition of the EBDB creates an unsafe environment and no longer
supports operation of Primary Clarifier Nos. 3, 4, and 5. As a result, this treatment train
is removed from normal service.
Page 1 of 3
PROPOSED SOLUTION
The East Basin Distribution Box Repair, Project No. FE16-10, will repair the distribution
box by removing and replacing the deteriorated concrete, stop plate guides, weir troughs,
and fiberglass reinforced plastic covers. These repairs will restore the EBDB to a
condition that will allow the circular clarifiers to be placed back into service.
TIMING CONCERNS
Operation of the circular primary clarifiers will allow up to 36-mgd of wastewater flow to
be diverted from the rectangular clarifiers. This is critical to support operation and
maintenance of the rectangular clarifiers and to maintain hydraulic capacity of Plant
No. 1 . It is recommended this work occur during the dry-weather season between
April 1, 2018 and October 1, 2018, prior to the next wet weather season.
RAMIFICATIONS OF NOT TAKING ACTION
Not performing these repairs to the EBDB will prevent the Sanitation District from placing
Primary Clarifier Nos. 3, 4, and 5 in service. This could ultimately impact the ability to
perform routine maintenance in the rectangular clarifiers and create risk in high-flow
situations.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District advertised for bids on December 6, 2017, and two sealed bids
were received on January 25, 2018. A summary of the bid opening with one additive bid
item follows:
Engineer's Estimate $500,000
Bidder Amount of Bid
Howard Ridley Company, Inc. $529,980
Interlog HYM Engineering $541,200
The bids were evaluated in accordance with the Sanitation District's policies and
procedures. A notice was sent to all the bidders on February 8, 2018, informing them of
the intent of Sanitation District staff to recommend award of the Construction Contract to
Howard Ridley Company.
Staff recommends awarding a construction contract to the lowest responsive bidder,
Howard Ridley Company, Inc., for East Basin Distribution Box Repair, Project
No. FE16-10, for a total amount not to exceed $529,350.
Page 2 of 3
The difference between the engineer's estimate and low bid price is less than 6% and
staff believes that the bid was reasonable for the work involved.
CEQA
This project is exempt from CEQA under the Class 1 categorical exemptions set forth in
California Code of Regulations Section 15301. Section 15301 (Class 1) exempts from
CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination," including "(b) Existing facilities of both
investor and publicly-owned utilities used to provide electric power, natural gas,
sewerage, or other public utility services."
The project consists of repairing a corroded portion of a concrete box. The corroded
concrete will be removed by chipping and sandblasting, and will be patched with epoxy
grout. The project will not increase the capacity of the use of the concrete box.
Section 15301(b) specifically contemplates the exemption of repairs, maintenance, or
minor alterations to existing sewerage facilities, and therefore applies to the project.
A Notice of Exemption will be filed with the County Clerk Recorder office following award
of this agreement by the Board.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted under the Facilities Engineering Program -
Plant (Budget FY2017-18 Update, Appendix, Page A-9, M-FE-PLANT) and the budget is
sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Construction Contract
JK:dm:gc
Page 3 of 3
PART A
CONTRACT AGREEMENT
C-CA-090817
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS............................................................................................1
SECTION - 2 MATERIALS AND LABOR ..........................................................................................4
SECTION - 3 PROJECT....................................................................................................................4
SECTION -4 PLANS AND SPECIFICATONS..................................................................................5
SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION....................................................5
SECTION - 6 TIME IS OF THE ESSENCE .......................................................................................5
SECTION - 7 EXCUSABLE DELAYS................................................................................................6
SECTION - 8 EXTRA WORK ............................................................................................................6
SECTION - 9 CHANGES IN PROJECT ............................................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.......................................................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT...................................................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS.................9
SECTION - 13 COMPLETION...........................................................................................................10
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.................................................10
SECTION - 15 SURETY BONDS......................................................................................................12
SECTION - 16 INSURANCE .............................................................................................................13
SECTION - 17 RISK AND INDEMNIFICATION.................................................................................22
SECTION - 18 TERMINATION..........................................................................................................22
SECTION - 19 WARRANTY..............................................................................................................23
SECTION - 20 ASSIGNMENT...........................................................................................................24
SECTION - 21 RESOLUTION OF DISPUTES ..................................................................................24
SECTION - 22 SAFETY & HEALTH..................................................................................................24
SECTION - 23 NOTICES ..................................................................................................................25
C-CA-090817
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE16-10
EAST BASIN DISTRIBUTION BOX REPAIR
THIS AGREEMENT is made and entered into, to be effective, this March 28, 2018, by and
between Howard Ridley Co., Inc., hereinafter referred to as "CONTRACTOR" and the Orange
County Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION — 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions— Definitions.
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to opening of Bids —the last in time being the first in
precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications — in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR's Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
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shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION — 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR'S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION — 3 PROJECT
The Project is described as:
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SECTION —4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE16-10
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Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION — 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within one hundred fifty-seven (157) calendar days from the
date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by
OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes five (5) calendar days determined by OCSD likely
to be inclement weather when CONTRACTOR will be unable to work.
SECTION — 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
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the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION — 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay" and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION — 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD's ENGINEER. The decision of the ENGINEER shall be final.
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SECTION — 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes".
SECTION — 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages and Incentives."
SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Five Hundred Twenty-Nine Thousand Three
Hundred Fifty Dollars ($529,350) as itemized on the Attached Exhibit "A".
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Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled "Mobilization Payment Requirements" and "Payment
Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, "Payment for Work— General". The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD's ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
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B. As used in this Section, the following defined terms shall have the following meanings:
1. "Net Progress Payment" means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment" means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. "Retention Amount" for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions—"Retained Funds; Substitution of
Securities."
SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions — "Retained Funds;
Substitution of Securities."
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SECTION — 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A-
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
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agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
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required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION — 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD's General Counsel — one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
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Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION — 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
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CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated
Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties"), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Three Million Dollars ($3,000,000) per occurrence and a general
aggregate limit of Three Million Dollars ($3,000,000) for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
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b. Products and Completed Operations, with limits of at least Three Million
Dollars ($3,000,000) per occurrence and a general aggregate limit of Three
Million Dollars ($3,000,000) which shall be in effect at all times during the
warranty period set forth in the Warranty section herein, and as set forth in the
General Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any
additional extension or continuation of time to said warranty period that may be
required or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
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h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liabilitv: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of Two Million Dollars ($2,000,000) and a general
aggregate limit of Two Million Dollars ($2,000,000) for bodily injury, personal injury
and property damage;
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and
Two Million Dollars ($2,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker's Compensation/Employer's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
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liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OCSD, its
or their officers, agents, or employees, and any other contractor or subcontractor
performing Work or rendering services on behalf of OCSD in connection with the
planning, development and construction of the Project. In all its insurance coverages
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a) would otherwise have a duty
of indemnification, contractual or otherwise, (b) did not pay the insurance premium,
directly or indirectly, and (c) whether or not such individual or entity has an insurable
interest in the property damaged.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least One Million
Dollars ($1,000,000) and shall apply to sudden and non-sudden pollution conditions
CONFORMED C-CA-090817
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(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the
right to approve or reject such coverage in its own discretion. If written on a claims-
made basis, the CONTRACTOR warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
7. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
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a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
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3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an "A2, or better, Policyholder's Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker's compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
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F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured" on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
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4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OCSD, its directors, officers, agents, CONSULTANTS and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 11 85 or alternatively in both
CG 20 10 10 01 and CG 20 37 10 01 together.
SECTION — 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION — 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or "Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
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manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION — 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final
Completion" that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
corrected deficiency until the later of(1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
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SECTION — 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION — 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION — 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
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SECTION — 23 NOTICES
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in
writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
Bradley R. Hogin, Esquire
Woodruff, Spradlin & Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: Howard Ridley Co., Inc.
3936 Chino Avenue
Chino, CA 91710
Copy to: Thomas Ridley, Corporate Secretary
Howard Ridley Co., Inc.
3936 Chino Avenue
Chino, CA 91710
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Howard Ridley Co., Inc.
3936 Chino Avenue
Chino, CA 91710
By
Printed Name
Its
CONTRACTOR's State License No. 304198 (Expiration Date — 7/31/2018)
OCSD: Orange County Sanitation District
By
Gregory C. Sebourn, PLS
Chair, Board of Directors
By
Kelly A. Lore
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Manager
C-CA-090817 CONFORMED
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ...........................................................................1
EXA-2 PROGRESS PAYMENTS.................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS.......................................................1
EXA-4 STOP PAYMENT NOTICE ...............................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS...............................................................3
EXA-6 PAYMENT OF TAXES......................................................................................3
EXA-7 FINAL PAYMENT .............................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT....5
ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7
ATTACHMENT 2 - SCHEDULE OF PRICES..................................................................8
C-EXA-080414
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement— Section 11 — "Contract Price and Method of
Payment;"
2. General Conditions—"Payment— General";
3. General Conditions—"Payment—Applications for Payment";
4. General Conditions—"Payment— Mobilization Payment Requirements;"
5. General Conditions—"Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions— "Contract Price Adjustments and Payments";
7. General Conditions—"Suspension of Payments";
8. General Conditions—"OCSD's Right to Withhold Certain Amounts and
Make Application Thereof"; and
9. General Conditions—"Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions—"Retained Funds; Substitution of Securities." Payment of
Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may
request and OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount
of interest earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent
pursuant to this article shall be substantially similar to the form set forth in
§22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR'S
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%) of the amount claimed under any stop payment notice under
Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after
receipt of each progress payment as required by the California Business
and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article
progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7) days after
CONTRACTOR'S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all federal, state, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, "Final Acceptance and Final Completion", and after
Resolution of the Board authorizing final payment and satisfaction of the
requirements as more particularly set forth in General Conditions — "Final
Payment", a final payment will be made as follows:
1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of
any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or filed in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR'S
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will
make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
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acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final
Payment, OCSD, in exchange for an executed release, satisfactory in form
and substance to OCSD, will pay the entire sum found due on the approved
application for Final Payment, including the amount, if any, allowed on
settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
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2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
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ATTACHMENT 1 — CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Acts to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Acts to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor's
performance.
Name
Title
Date
CONFORMED C-EXA-080414
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ATTACHMENT 2 — SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Howard Ridley Co., Inc.):
BF-14 Schedule of Prices
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Bid Submitted By: }coward Ridley Co.. Inc.
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
includinq profit, overhead, etc., unless otherwise specified in the Contract Documents All
applicable sales taxes, state and/or federal, and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL
AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
Note 2: The Additive Bid Item will be used to determine the lowest Responsive, Responsible
Bidder. Additive items will not be included as part of the initial award amount. In the event that
OCSD elects to add the Additive Bid Item, it will do so via change order(s). Refer to Part C—
SPECIAL PROVISIONS.
All Work in the Contract Documents shall be included in Base Bid Items. The Additive Bid Item
is for Work either not specifically shown or in excess of quantities shown in the Contract
Documents. The Contractor shall provide a unit price and extended total price for each Additive
Bid Item.
Bidders shall accurately reflect the cost to perform the Work. OCSD may reject unbalanced
Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS.
BF-14 SCHEDULE OF PRICES C-BF-050517
ADDENDUM NO. 1 PROJECT NO. FE16-10
EAST BASIN DISTRIBUTION BOX REPAIR
Page 2 of 4
B. Bid Item 2—Construction of East Basin Distribution Box Repair
1. Description: This Item includes all labor, materials and equipment necessary for the
completion of the Contract Work for The Eastside Basin Distribution Box Repair, in
conformance with the Contract Documents.
2. Measurement and Payment:The lump sum payment for this Item will be apportioned each
billing cycle according to actual percentage of completion, and will be full compensation for
providing all Work complete as indicated in the Contract Documents.
3. In addition, CONTRACTOR's attention is directed to the specific construction
requirements, which include but are not limited to thefollowing:
a. Remove and disposes of odor control cover and supportframing.
b. Protect in place or temporarily remove all the existing pipe, handrail, foul air duct,
utilities and etc.
C. Remove and dispose of deteriorated interior concrete, embedded steel stop plate
guides, weir trough.
d. Repair concrete, install new stop plate guide, install new weir trough, and install
new FRP cover.
e. Reconnect and restore all the existing pipe, valves, wiring, handrail, utilitiesand
etc.
f. Assist OCSD for startup activities.
1.4 ADDITIVE BID ITEMS
The Bid Form includes Additive Bid Items which provide unit prices for F:hAwn An
items as shown on the Contract Documents.This item will be paid
on a unit basis based on actual quantity of work performed as verified by theENGINEER.
PART 1 - PRODUCTS(NOT USED)
PART 2- EXECUTION (NOT USED)
EAST BASIN DISTRIBUTION BOX REPAIR MEASUREMENT AND PAYMENT
Project No. FE16-10
Addendum No.1 01155-3
Bid Submitted By: Howard Ridley Co.. Inc.
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of Extended Price
No. Measurement
Mobilization, initial progress payment for all fees, labor, materials and equipment required for mobilization,
1 1 staging area, and surety bonds, and other activities in conformance with the Contract Documents, not to Lump Sum $ c� `�d
exceed four percent(4%) of the contract amount, for the lump sum price of ... r/ I
2. Furnish all labor, materials and equipment necessary for the completion of the Contract Work, except for the Lump Sum $ (�
Work specified for Bid Item 1, in conformance with the Contract Documents, for a lump sum price of: `J G )
SUBTOTAL BASE BID ITEMS NO. 1 AND NO. 2(AWARD AMOUNT) $ �a 9, 3 G 0, �
ADDITIVE BID ITEMS (Refer to Note 2 in the Instructions):
Item Description Unit of Approx Unit Price Extended Price
No. Measurement Qty TT
A Repair corroded rebar based on Sheet S5001. Assume for bidding purposes one 60
location, two feet of corroded rebar, and using two rebar couplers. Bid Item pricing EA 1 630• _ $ (o 3 fl•
to include concrete removal and replacement as well as rebar repair with couplers.
DO
SUBTOTAL ADDITIVE BID ITEMS NO. A $ 630,
BF-14 SCHEDULE OF PRICES C-BF-050517
ADDENDUM NO. 1 PROJECT NO. FE16-10
EAST BASIN DISTRIBUTION BOX REPAIR
Page 3 of 4
IMPORTANT NOTICE TO BIDDERS:
Bid Items No. 1 through No. 2 together with Additive Bid Item No. A will be used to determine the lowest, responsive, responsible Bidder.
Additive Bid Item No.A will not be included as part of the award amount. In the event OCSD elects to add any of the Additive Bid Item(s), it will do
so via Change Order(s). Refer to the SPECIAL PROVISIONS Section entitled ADDITIVE BID ITEMS.
All Work in the Contract Documents shall be included in Bid Items No. 1 through No. 2 above. The Additive Bid Item is for Work either not specifically
shown or in excess of quantities shown in the Contract Documents. The Contractor shall provide a unit price and extended total price for each Additive
Bid Item.
66
TOTAL AMOUNT OF BID (BASIS OF AWARD)
C-BF-050517
BFA4 SCHEDULE OF PRICES PROJECT NO. FE16-10
ADDENDUM NO. 1 EAST BASIN DISTRIBUTION BOX REPAIR
Page 4 of 4
OPERATIONS COMMITTEE Meeting Date To Bd. of Dir.
03/07/18 --
AGENDA REPORT Item Number Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: PURCHASE OF LATHE FROM REPUBLIC LAGUN MACHINE TOOL
COMPANY, TO REPLACE ACRA FEL-31200 LATHE
GENERAL MANAGER'S RECOMMENDATION
A. Approve the purchase of an American Turnmaster Power One, 40 series lathe from
Republic Lagun Machine Tool Co., Specification E-2017-904, for an amount not to
exceed $145,559; and
B. Approve a contingency of $4,370 (3%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) rebuild shop needs to replace
its lathe. The existing lathe does not have the turning capacity required to complete many
of the large jobs required in the repair of Sanitation District machinery. This results in
additional costs for contracted machining work that could reside in-house. Also, due to
an OSHA finding regarding a lathe accident at Yale University, guards are now required
on the lead/feed screws (used to drive the carriage and cross-slide) to prevent injury to
operators during turning operations. Guards were never designed for the Sanitation
District's existing lathe. Aftermarket guards cannot be mounted on the lathe without
limiting its operation in the most critical area of the lathe bed near the chuck, where most
of the large turning operations take place. The American Turnmaster lathe has these
guards and many other safety features as standard equipment. This limits the impact of
aftermarket guard installation on operations. The American Turnmaster lathe also has
increased capacity that will allow the completion of jobs in-house that have normally been
sent to outside machine shops.
RELEVANT STANDARDS
• Consider life-cycle costs in all decisions
• Maintain a culture of improving efficiency
• Provide a safe and collegial workplace
PROBLEM
The large lathe currently in the rebuild shop does not have sufficient capacity to complete
repairs required to maintain equipment or meet OSHA safety requirements, and cannot
be modified without further limiting its capability to meet Sanitation District needs.
Page 1 of 3
PROPOSED SOLUTION
Purchase a large swing lathe capable of meeting the needs of the Sanitation District with
all safeties and safety guards designed into the system, preventing the need for
aftermarket modifications that limit use.
TIMING CONCERNS
The large lathe in the rebuild shop was removed from service by Risk Management based
on OSHA concerns, which requires the increased use of outside machine shops to
complete required repairs to machinery, increasing cost of rebuild and turnaround time
for equipment.
RAMIFICATIONS OF NOT TAKING ACTION
Since the lathe was removed from service, the rebuild shop has increased outside
machine requirements from $34,451 annually, for jobs that were too large for our lathe to
support, to $67,591 this year, while also increasing the time required to complete machine
repairs by an average of 17 work days. Continued use of outside shops will continue to
raise both equipment repair time and the cost of completing these repairs by increasing
reliance on external resources.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
This purchase replaces the large lathe in the rebuild shop that does not currently meet
the needs of the shop and does not meet OSHA safety requirements. The Sanitation
District is also unable to modify the machine to meet the safety requirements without
further limiting machine capability.
The Sanitation District advertised for bids on December 13, 2017. One bid meeting all
requirements of the scope was received on January 16, 2018 by the 2:00 PM bid due
time. An additional bid was received after the 2:00 PM due time. This bid is considered
non-responsive because it did not meet the due time and the bidder did not submit the
bid through the requested method. The bids were evaluated in accordance with the
Sanitation District's policies and procedures. Staff recommends awarding the purchase
to Republic Lagun Machine Tool Co.
Summary information on the bid for lathe purchase is as follows:
Bidder Amount of Bid
Republic Lagun Machine Tool Co. $145,559
Tornquist Machinery Co. (Considered non-responsive) $149,995
Page 2 of 3
CEQA
N/A
FINANCIAL CONSIDERATIONS
This item has been budgeted in the FY2017-18 Budget Update, (Section: Appendix,
Capital Equipment Budget Detail, Line item: Clausing Lathe — Replacement, Page A-21).
Date of Approval Contract Amount Contingency
03/07/18 $145,559 $4,370 (3%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To Bd. of Dir.
03/07/18 03/28/18
AGENDA REPORT Item Number Item Number
7
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: PLANT NO. 2 CENTRAL GENERATION STEAM TURBINE
REHABILITATION
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Sole Source Purchase Order to Dresser-Rand for the assessment and
standard overhaul of the Steam Turbine at Plant No. 2, for an amount not to
exceed $245,424, including applicable tax and freight; and
B. Approve a contingency of $49,085 (20%).
BACKGROUND
Orange County Sanitation District (Sanitation District) operates eight Central Generation
(Cen Gen) engines manufactured by Cooper Bessemer at both treatment plants. The
engines generate approximately two-thirds of our electric demand and the majority of
the process heat demand, which is used in the solids digestion process. At Plant No. 2,
a Murray Steam Turbine is employed to take advantage of the exhaust heat generated
by the engines to convert the waste heat into electrical energy. Waste heat recovery by
the steam turbine is especially important approximately 10 months out of the year due
to the reduced heat demand of the plant. The steam turbine unit captures the engine
waste heat and uses it to generate electricity for use at Plant No. 2. This amounts to
annual savings of approximately $125,000, which otherwise would be incurred as an
additional annual cost for electricity purchases. If the steam turbine is not utilized, the
excess heat cannot be captured and must be expelled to the environment.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• Maintain a proactive asset management program
• Use all practical and effective means for recovering energy
• Provide a safe and collegial workplace
PROBLEM
The Plant No. 2 steam turbine requires a major overhaul and has been in operation for
approximately 175,000 hours, with 70,000 hours (i.e. 8 years) transpiring since the last
overhaul. It is pertinent that a thorough assessment of the steam turbine and
Page 1 of 2
supporting safety systems is performed to identify, address, and rehabilitate any
deficiencies accordingly.
PROPOSED SOLUTION
Staff recommends Dresser-Rand to perform an assessment and comprehensive
overhaul of the steam turbine at Plant No. 2, to ensure safe and reliable operation of the
system as a whole.
TIMING CONCERNS
Without the steam turbine available, consistent steam flow control is hampered for the
engine heat recovery system during certain operating conditions resulting in potentially
costly repairs to the engine exhaust steam boilers and emissions system components.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to take action on this repair will inhibit the ability to salvage waste heat for
electricity generation, resulting in an annual cost of approximately $125,000 for
additional electricity purchases. In addition, the steam turbine helps to balance the
steam system, improving the safety and integrity of the steam system as a whole.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Dresser-Rand acquired the Murray Steam Turbine brand in a 2006 company
acquisition.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in the FY17/18 Updated Budget (Line item:
Repairs and Maintenance, Page 49).
Date of Approval Contract Amount Continaencv
03/28/2018 $245,424 $49,085 (20%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date To Dir.
03/07/18 03/3/28/18
AGENDA REPORT Item Number Item Number
8
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: SITE ACCESS AND LICENSE AGREEMENT — BREA DOSING STATION
GENERAL MANAGER'S RECOMMENDATION
A. Approve a new Site Access and License agreement with Pacific Quality Partners
to lease property for the purpose of installing, maintaining, and operating a
chemical dosing station at 1355 West Imperial Highway in the city of Brea, for a
term of 36 months, at the following lease terms, in a form approved by General
Counsel:
• April 22, 2018 through April 21, 2019, $2,500 per month
• April 22, 2019 through April 21, 2020, $2,560 per month
• April 22, 2020 through April 21, 2021, $2,620 per month; and
B. Authorize the General Manager or designee to negotiate and subsequently award
an option for an additional 36 month lease renewal period beginning April 22, 2021.
SUMMARY
Orange County Sanitation District (Sanitation District) currently uses chemicals for
corrosion and odor control in its collection system, which also helps reduce the level of
odors at the treatment plants. One of the Sanitation Districts's continuous chemical
dosing locations is in the city of Brea, where we have leased property since 2010. The
current lease expires in April 2018 and staff recommends renewal of this lease. This Brea
chemical dosing site reduces odors in Buena Park, La Habra, La Palma, Anaheim,
Stanton, Cypress, Garden Grove, and Westminster as well as reducing the amount of
chemical needed further downstream in the Knott Trunk sewer.
PRIOR COMMITTEE/BOARD ACTIONS
April 2015 - The Board approved a Site Access and License agreement with Pacific
Quality Partners, to allow mobilization of a chemical dosing station and injection of
chemicals at 1355 West Imperial Highway in the city of Brea, for a term of 36 months, at
a total cost of $2,280 per month for the first 12 months, in a form approved by General
Counsel; and approved the General Manager, or his designee, to negotiate future monthly
license fees, after one year, up to three percent price escalation per year, beginning July
1, 2016 and annually therafter.
December 2012 - The Board approved an amendment to the existing lease, a two year
(24-month) real property lease and subterranean license agreement, with Brea Imperial
Page 1 of 2
Inc. and RV Storage Depot Brea to allow mobilization of chemical dosing equipment and
injection of chemicals at 1225 West Imperial Highway in Brea, with an option to extend
for up to two additional years with up to a three percent price escalation per year
beginning December 31, 2012 and ending December 31, 2014.
December 2010 - The Board approved a real property lease, and subterranean license
agreement with an option to extend, with Brea Imperial Inc. and RV Storage Depot Brea
to allow mobilization of a chemical dosing station and injection of chemicals at 1225 West
Imperial Highway in Brea.
ADDITIONAL INFORMATION
Staff negotiated this 3-year monthly lease fee. This lease fee is approximately 2.5%
higher than the current lease term.
CEQA
The project is exempt from CEQA pursuant to CEQA's Class 3 Exemption for "New
Construction or Conversion of Small Structures".
BUDGET / PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance.
ATTACHMENT
The following attachment is included in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package and attachments:
• Site Access and License Agreement
MPV:MD:ME:sr
Page 2 of 2
SITE ACCESS AND LICENSE AGREEMENT
THIS SITE ACCESS AND LICENSE AGREEMENT ("Agreement") is made and entered
into as of 2018 ("Effective Date") between PACIFIC QUALITY
PARTNERS, a California limited partnership ("PACIFIC"), and ORANGE COUNTY
SANITATION DISTRICT, a county sanitation district organized and existing under the County
Sanitation District Act, Health & Safety Code §§ 4700 et seq., ("OCSD"). PACIFIC and OCSD
are individually or collectively referred to herein as the "Party" or the "Parties." This Agreement
is made with reference to the following facts:
A. PACIFIC is the fee interest owner of in the real property located at 1355 W.
Imperial Highway, in the City of Brea, State of California 92821 ("Property"); and
B. OCSD is responsible for safely collecting, treating and disposing of wastewater
generated by more than 2.5 million people living and working within the County of Orange,
State of California; and
C. OCSD desires to operate a chemical dosing site on the Property, which will add
ferrous chloride and/or calcium nitrate and/or magnesium hydroxide to the sewer lines existing
adjacent to the Property for delivery within OCSD's facilities downstream of the Property("Dosing
Site"); and
D. OCSD has identified a City of Brea sewer manhole immediately adjacent to the
Property ("Manhole") as an ideal location for dosing into the adjacent sewer lines.
E. PACIFIC desires to assist OCSD in establishing and operating the Dosing Site by
allowing OCSD to access, and enter into and upon the Property.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Agreement, the Parties hereby agree as follows:
1. Grant of Access. PACIFIC hereby grants to OCSD, its employees, consultants,
representatives,contractors, subcontractors and/or agents ("Authorized Personnel") the right to use,
access and enter into and upon the portion of the Property set forth in the Site Plan, attached hereto
as Attachment "A" and incorporated herein by reference ("Access Area") for the purpose of
establishing and operating the Dosing Site, to access the sewer line through said Manhole,to install
conduit through the Manhole and into the sewer line, and to transport ferrous chloride and/or calcium
nitrate and/or magnesium hydroxide for delivery within OCSD's lines downstream of the
Property.
2. Dosing Site Improvements. The Dosing Site will consist of no more than two
above-ground storage tanks, and a double-wall pipe through which OCSD will transport the
following chemicals: ferrous chloride and/or calcium nitrate and/or magnesium hydroxide for
injection into the City of Brea's local sewer system adjacent of the Property and eventual discharge
into OCSD's sewer system. OCSD represents that no ferrous chloride and/or calcium nitrate and/or
magnesium hydroxide will be allowed to escape the facilities, tanks or piping into the surrounding
environment. The Dosing Site layout is presented in the Plan Views, attached hereto as Attachment
"B" and incorporated herein by reference. OCSD may utilize other products, chemicals, or
1297953.1 Page 1
technologies if mutually agreed upon by the Parties.
3. Cooperation. PACIFIC will cooperate with OCSD to provide access to the Property and
Access Area as may be reasonably necessary to allow OCSD to operate the Dosing Site, so long as the
same does not unreasonably interfere with PACIFIC's operations, or cause an undue inconvenience to
PACIFIC's employees, guests, customers, tenants, occupants and invitees.
4. Term. This Agreement shall expire thirty-six (36) months from the Effective Date
("Initial Term"). OCSD may exercise an option to renew the Agreement for an additional
thirty-six (36) month term if mutually agreed upon terms can be negotiated. Upon
expiration of the Initial Term, this Agreement shall automatically extend and continue in full force
and effect on a month-to-month basis unless and until terminated in writing by either Party.
5. Utilities. Pacific shall be responsible for providing to OCSD a source, of electricity
and water on the Property. OCSD shall be responsible, at its sole cost, for routing electricity and
water to the Dosing Site,and for routing discharge from the Dosing Site.
6. OCSD Promise to Pay -License. PACIFIC will bill OCSD on a monthly basis f or a
license fee at the following lease terms:
• April 22,2018 through April 21,2019, $2,500 per month
• April 22,2019 through April 21,2020, $2,560 per month
• April 22,2020 through April 21,2021, $2,620 per month
The sum of the monthly license fee shall include compensation for all utilities used by OCSD in
connection with the dosing site.
7. Machinery&Equipment. PACIFIC authorizes OCSD,and its Authorized Personnel, to
bring onto the Property such equipment and/or machinery as may be reasonably necessary to establish
and operate the Dosing Site, so long as such activity is consistent with the terms and conditions stated
herein.
8. Unreasonable Interference; Prior Notice. In operating the Dosing Site, OCSD shall not
unreasonably interfere with PACIFIC's operations. OCSD shall give PACIFIC no less than three (3)
business days' notice prior to its first entry upon the Access Area and the commencement of Dosing
Site activities. PACIFIC and its employees and agents shall not interfere with, or obstruct, the Dosing
Site or such entry by OCSD's Authorized Personnel, and PACIFIC shall not cause, or permit others to
cause, any such interference or obstruction.
9. Restoring Condition of Access Area and the Property. OCSD agrees: (1) to minimize,
to the extent practicable, interference with the activities of PACIFIC 's employees,guests, customers,
tenants, occupants and invitees on, and ingress to, and egress from, the Access Area; (2) to maintain its
machinery, equipment, and other materials in an orderly manner while located on the Property; and (3)
within 30 days following the expiration of the term of this Agreement, to remove from the Access
Area and the Property all debris, trash, machinery, equipment and other materials and items used by
OCSD or caused by it to be on the Access Area or on the Property. Additionally, OCSD agrees that at
the completion of each day OCSD utilizes the Access Area, it shall restore the Access Area to as close
to the same condition as existed at the commencement of that day, to the maximum extent possible.
Following the expiration of the term of this Agreement, at its sole cost OCSD shall restore the Access
Area to as close to the same condition as existed before OCSD's first entry upon and use of the Access
1297953.1 Page 2
Area in connection with the Dosing Site, to the maximum extent possible, and to the reasonable
satisfaction of PACIFIC. At its sole cost, OCSD shall be responsible for the proper lawful disposal
of all chemicals, compounds, and other products and materials it brings onto, or causes to be on, the
Property.
10. Preparatory Activities. At its sole cost, OCSD agrees to assume full responsibility to
perform all relevant preparatory work as it deems necessary to establish and operate the Dosing Site.
OCSD also agrees to provide appropriate notification to, and to obtain all required permits from, all
applicable regulatory authorities in connection therewith.
11. No Nuisance. OCSD agrees that it will not maintain any public or private nuisance on
the Property, and will not allow any odors, smoke, noise or objectionable elements to unreasonably
affect PACIFIC's employees, agents, customers, visitors, or neighboring real property occupants or
visitors.
12. Indemnity. OCSD hereby agrees to indemnify, defend, save and hold PACIFIC, and
its owners, partners,agents,officers,members, employees,representatives, and affiliates harmless from,
and against, all losses, costs, expenses, claims, causes of action, and damages suffered or incurred
by any of them, which may arise from, pertain to, or relate to, the negligent acts or omissions,
recklessness, or willful misconduct of OCSD or its Authorized Personnel in connection with the
exercise of the rights granted herein. OCSD's obligation to indemnify, defend, save and hold harmless
shall not apply to the extent that any such losses, costs, expenses, claims, causes of action or damages
are caused by the negligence or willful misconduct of PACIFIC, or its owners, partners, agents,
officers, members, employees, representatives or affiliates.
13. Safety and Site Condition. OCSD shall conduct its operations in a safe manner in
compliance with all laws, including, but not limited to, environmental laws, and shall cooperate in
maintaining the site in a safe, clean and orderly condition.
14. Sole Cost of OCSD. OCSD agrees that any work or activities conducted by OCSD on
or beneath the Access Area and Property shall be at the sole cost and expense,of OCSD. OCSD
agrees to keep the Property free and clear of all liens by paying off all subcontractors before any debt
to the same becomes a matter of a lien of record against the Property.
15. Insurance. During the term of this Agreement, OCSD shall require all contractors or
subcontractors, and their employees and agents, to maintain insurance with the following minimum
coverage:
(i) Workers Compensation with California minimum statutory limits;
(ii) Automobile Liability with $1,000,000 single limit, or equivalent; and,
(iii) Commercial General Liability, with $2,000,000 single limit, or equivalent
During the term of this Agreement, OCSD shall request each such contractor or subcontractor to
provide PACIFIC with a Certificate(s) of Insurance reflecting that PACIFIC is named as an "Additional
Insured" on each contractor's and each subcontractor's Commercial General Liability, or similar, liability
insurance policy.
16. Limited Access. OCSD agrees that entry upon the Access Area shall be limited to the
extent necessary, or desirable, for the establishment and operation of the Dosing Site and/or for the
purposes expressed in this Agreement.
1297953.1 Page 3
17. Temporary Use. The right to use and access granted herein is intended by the Parties,
and shall be construed, as a temporary right to use the Access Area to conduct the Dosing Site upon
the Property, and not as a grant of an easement or of any other legal or equitable interest in, or to,
the Property. Except as expressly set forth herein, no other rights are created in OCSD by this
Agreement.
18. Attorneys' Fees. If it becomes necessary for any Party to engage the services of legal
counsel to institute any civil action to enforce or confirm, or to defend against, or to interpret or
construe, any of provision(s) of this Agreement, the prevailing Party shall be entitled to recover from
the other Party or Parties therein all of such Party's attorneys' fees, expert witness fees, other expenses
and court costs as the prevailing party actually incurs in connection therewith.
19. Binding on Successors. This Agreement shall be binding upon the Parties to this
Agreement, and upon their respective successors, representatives, heirs and assignees.
20. No Waiver. It is further understood and agreed that no failure or delay in exercising any
right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial
exercise thereof preclude any other, or further, exercise thereof, or the exercise of any right, power or
privilege hereunder. A waiver of any right by any one of the Parties hereunder must be in writing,
and signed by the Party granting the waiver.
21. Assignability. OCSD shall not assign, or otherwise transfer, or attempt to transfer, to
any other person or entity, any of its rights herein stated, and shall not transfer, or attempt to transfer,
to any other person or entity, any of the duties or obligations herein stated,without the prior written
consent of PACIFIC, which may be given or withheld in PACIFIC's sole and absolute discretion, and
any other attempt to do so shall be void and of no legal force or effect.
22. Choice of Law. The terms of this Agreement shall be interpreted and construed
according to the laws, regulations and ordinances of the United States of America, the State of
California, the County of Orange, and the City of Brea, as they may apply, from time to time.
23. Further Acts. For the duration of this Agreement,each Party shall, whenever requested
to do so by the other Party or Parties, execute, acknowledge and deliver, or cause to be executed,
acknowledged or delivered, any and all such further instruments and documents, and do any and all
other acts as may be reasonably necessary to accomplish the purpose and intent of this Agreement.
24. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the Parties pertaining to the subject matter addressed herein, and supersedes all prior, or
contemporaneous, agreements and understandings, both written and oral,
pertaining to such subject matter
25. Interpretation. This Agreement will be interpreted according to the fair meaning of
its terms and not strictly for, or against, any Party hereto.
26. Modification. The provisions of this Agreement may only be amended or modified
by a written agreement executed by the Parties.
27. Authori . Each person executing this Agreement hereby warrants that he/she has
legal authority to bind the Party for whom he/she so executes this Agreement.
1297953.1 Page 4
28. Severability. If any provision of this Agreement is held by any court of law or
equity having proper jurisdiction over the matter to be void, invalid or unenforceable for any
reason, the remaining provisions of this Agreement overall shall continue in full force and effect
without being impaired or invalidated in any way.
29. Notice. All notices or other documents (collectively "notices") given hereunder shall
be in writing and shall be addressed to the recipient and sent by personal delivery or by overnight
delivery service, such as by United States certified mail, postage prepaid, Federal Express, United
Parcel, or the like. Unless and until otherwise notified, the address of each of the Parties for the
giving of Notices shall be as follows:
If to PACIFIC:
Chris Chau, Project Manager
Pacific Quality Packaging Corporation 660
660 Neptune Avenue,
Brea, CA 92821
If to OCSD:
Orange County Sanitation District Attn:
Clerk of the Board
10844 Ellis Avenue
Fountain Valley, CA 92708
1297953.1 Page 5
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below
their respective signatures.
ORANGE COUNTY SANITATION DISTRICT
Dated:
APPROVED AS TO FORM:
By: By:
Gregory C. Sebourn, PLS Bradley R. Hogin
Board Chairman General Counsel
ATTEST:
By:
Kelly A. Lore, MMC
Clerk of the Board
PACIFIC QUALITY PARTNERS
Dated:
By:
Fred Chau
Its:
1297953.1
ATTACHMENT A
Titan Way - Parcel 296-122-08
--- Pacific Quality Partners
1355 W Imperial Hwy
Brea, CA 92821
Dosi g Manhole:
Brea City MH ID 3-14 El Existing building
-----------------
. ■ ■ ' 10,000 gallon
chemical storage tank
Manhole
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OPERATIONS COMMITTEE Meeting Date To Bd.ofDir.
03/07/18 03/28/18
AGENDA REPORT Item Number Item Number
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: SCADA SYSTEM AND NETWORK UPGRADES, PROJECT NO. P2-107
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of$211,365 (7.5%) to the Professional Design Services
Agreement with Brown and Caldwell for SCADA System and Network Upgrades, Project
No. P2-107, for a total contingency amount of $493,185 (17.5%).
BACKGROUND
The Power Monitoring and Control Systems, Project No. J-33-3, installed a power
monitoring and control system at Plant No. 1 that plays a critical part in maintaining power
supply by remotely monitoring the plant electrical systems and allowing for remote
operation of the electrical distribution circuit breakers to improve safety and response
times. The SCADA System and Network Upgrades, Project No. P2-107, will implement
a similar power monitoring and control system at Plant No. 2.
An extensive network of fiber optic cables has been installed over the years at Plant
No. 2 to connect a system of programmable logic controllers (PLC) that are essential for
monitoring, control, and maintenance of the plant processes. Without the
communications network, operators must directly observe every process, which is not
practical with current staffing levels. This project will replace the existing fiber optic
network with a series of looped fiber networks and network switches, creating an industrial
control system (ICS) that increases the reliability of this critical system. This project will
also provide two new server rooms in existing buildings that will contain core switches
and other equipment for the process and IT networks.
During a loss of Southern California Edison utility power, an electrical load-shedding
system will be provided to monitor and automatically shed non-critical loads or loads with
standby power from the Central Generation system to maintain water-in/water-out
operation. This microprocessor-based control system is similar in design and functionality
to those used by larger utilities to maintain electrical service to their customers in the
event of power interruption.
The opportunity to incorporate a new industrial communication standard called Generic
Object-Oriented Substation Event (GOOSE) messaging was not anticipated when the job
was originally scoped. This new standard improves the interoperability of the electrical
relays for improved resiliency of the power system by isolating and load shedding more
quickly and selectively.
Page 1 of 3
RELEVANT STANDARDS
• Provide a safe and collegial workplace
• 24/7/365 treatment plant reliability
PROBLEM
This project is developing new guidelines for the monitoring and control signals
associated power monitoring/control, revising the programmable logic controller standard
drawings due to the obsolescence of the existing controllers, adding fire protection to the
Centrifuge Building server room,and designing a load-shedding system using
microprocessor-based relays. These design improvements are not part of the
Consultant's scope of work, requiring an increase to Consultant fees beyond the amount
allocated in the original Professional Design Services Agreement (PDSA) contingency.
PROPOSED SOLUTION
Increase the PDSA contract contingency, allowing staff to negotiate and authorize
additional scope and budget changes.
TIMING CONCERNS
Additional engineering evaluation and design are required to complete the project design,
which will be combined with the Outfall Low-Flow Pump Station at Plant No. 2, Project
No. J-117B, as one bid package. The J-117B project is currently on the critical path for
accommodating the GWRS Final Expansion project.
RAMIFICATIONS OF NOT TAKING ACTION
Not approving this contingency increase will prevent the design from being completed to
the proposed standards.
PRIOR COMMITTEE/BOARD ACTIONS
January 2016 - Approved a Professional Design Services Agreement with Brown &
Caldwell to provide engineering design services for the SCADA System and Network
Upgrade, Project No. P2-107, for an amount not to exceed $2,818,197, and approved a
contingency of $281,820 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
This project is exempt from CEQA under the Class 1 categorical exemptions set forth in
California Code of Regulations Section 15301. Section 15301 (Class 1) exempts from
Page 2 of 3
CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination," including "(b) Existing facilities of both
investor and publicly-owned utilities used to provide electric power, natural gas,
sewerage, or other public utility services." The project consists of minor alterations to
existing public facilities.
A Notice of Exemption was filed and recorded with the County of Orange on
November 5, 2015.
FINANCIAL CONSIDERATIONS
This item has been budgeted (FY 2017-18 Update, Page A-8), and the budget is sufficient
for the recommended action.
Date of Approval Contract Amount Contingency
02/25/15 $2,818,197 $281,820 (10%)
03/28/18 $211,365 (7.5%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
DC:dm:gc
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To Dir.
03/07/18 03/3/28/18
AGENDA REPORT Item Number Item Number
io
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117
AND SCADA SYSTEM AND NETWORK UPGRADES, PROJECT
NO. P2-107
GENERAL MANAGER'S RECOMMENDATION
A. Approve a budget increase of $19,000,000 for Ocean Outfall System
Rehabilitation, Project No. J-117, for a total budget amount of $166,000,000; and
B. Approve a budget reduction of $19,100,000 for SCADA System and Network
Upgrades, Project No. P2-107, for a total budget amount of $5,000,000.
BACKGROUND
Outfall System Rehabilitation, Project No. J-117, includes the Contract No. J-117B which
will construct a new Outfall Low Flow Pump Station, a new Plant Water Pump Station,
rehabilitation of the existing Ocean Outfall Booster Station, and replacement of existing
electrical switchgear in the Plant No. 2 Central Generation system.
SCADA System and Network Upgrades, Project No. P2-107, includes implementation at
Plant No. 2 of a power monitoring and control system, a new fiber optic process control
network, and an interlinked system of protective relays that will better isolate electrical
faults and allow coordinated shedding of non-essential power demands on loss of
Southern California Edison utility power. The P2-107 project had previously been named
Power Monitoring and Control Systems at Plant No. 2, but is now titled SCADA System
and Network Upgrades to better reflect the nature of the work.
Both projects include power distribution equipment equipped with the interlinked
protective relays. The relays from both projects must be connected on the same
dedicated, vendor-specific, and vendor-designed network. The relays must also be
programmed and tested together.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• 24/7/365 treatment plant reliability
Page 1 of 3
PROBLEM
Installing the interlinked protective relays under separate construction contracts would
create significant risk in coordinating the procurement, configuration, and testing of the
devices and network. As a result, it would be difficult to assign responsibility to one of the
contractors to correct a problem.
PROPOSED SOLUTION
Construct both projects using a single construction contract, using the budget for Outfall
System Rehabilitation, Project No. J-117, which is the larger project. This change
involves reducing the budget of the SCADA System and Network Upgrades, Project
No. P2-107, to eliminate the construction budget and increasing the budget of Outfall
System Rehabilitation, Project No. J-117. The increase in the J-117 budget is less than
the decrease in the P2-107 budget due to unrelated savings on both projects and
efficiencies of staff time associated with managing only one construction contract.
TIMING CONCERNS
The construction schedules of the two projects overlap, so combining the work will not
delay either project. Combining the work also allows complex schedule constraints to be
specified for one contractor.
RAMIFICATIONS OF NOT TAKING ACTION
Without the additional budget for Project No. J-117, staff will be unable to advertise the
work under a single bid package. Construction coordination will be more difficult since
two projects are required to execute a complete load-shedding system. Completion of
the Outfall Low Flow Pump Station, Contract No. J-117B, is critical for the Orange County
Water District's Groundwater Replenishment System's Final Expansion, and delaying
advertisement for bids would likely delay that project.
PRIOR COMMITTEE/BOARD ACTIONS
September 2017 - Adopted Resolution No. OCSD 17-15, making certain findings and
adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program pursuant to the California Environmental Quality Act, and approved a
contingency increase of$677,801 (10%) to the Professional Design Services Agreement
with Brown and Caldwell for Ocean Outfall System Rehabilitation, Project No. J-117, for
a total contingency of $3,727,907 (55%).
May 2017 -Approved through the Fiscal Year 2017/2018 Budget Update a project budget
of $147,000,000 for Ocean Outfall System Rehabilitation, Project No. J-117.
November 2016 - Approved a budget increase of $28,517,000 for Ocean Outfall System
Rehabilitation, Project No. J-117, for a total budget amount of$91,000,000, and approved
Page 2 of 3
a contingency increase of $2,372,305 (35%) to the Professional Design Services
Agreement with Brown and Caldwell for Ocean Outfall System Rehabilitation, Project
No. J-117, for a total contingency of$3,050,106 (45%).
February 2015 - Approved a Professional Design Services Agreement with Brown &
Caldwell to provide engineering design services for the Ocean Outfall System
Rehabilitation, Project No. J-117, for an amount not to exceed $6,778,015, and approved
a contingency of $677,801 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program for the Outfall Low Flow Pump Station, Contract No. J-117B, was adopted by
the Board on September 27, 2017.
SCADA System and Network Upgrades, Project No. P2-107, is exempt from CEQA under
the Class 1 categorical exemptions set forth in California Code of Regulations Section
15301. Section 15301 (Class 1) exempts from CEQA "the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination," including "(b) Existing facilities of both investor and publicly-owned utilities
used to provide electric power, natural gas, sewerage, or other public utility services."
The project consists of minor alterations to existing public facilities. A Notice of Exemption
was filed and recorded with the County of Orange on November 5, 2015.
FINANCIAL CONSIDERATIONS
Outfall System Rehabilitation, Project No. J-117, has been budgeted (FY2017-18 Budget
Update, Section A-8), but the budget is insufficient for the recommended action. SCADA
System and Network Upgrades, Project No. P2-107, has been budgeted (FY2017-18
Budget Update, Section A-8), and the budget is sufficient for the recommended action.
The savings from P2-107 will cover the additional cost for J-117.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
VP:dm:gc
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To 3/ /f Dir.
03/07/18 03/28/18
AGENDA REPORT Item Number Item Number
11
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: SOLE SOURCE LOAD SHEDDING AND PROTECTIVE RELAY SYSTEM
GENERAL MANAGER'S RECOMMENDATION
A. Authorize staff to specify Schweitzer Engineering Laboratories as the sole source
provider for current and future projects equipment, materials, and services for
electrical power system protective relays and load-shedding systems at Plant
Nos. 1 and 2;
B. Authorize staff to negotiate service agreements for services related to protective
relays and load-shedding systems for current and future projects, and for on-going
operations and maintenance at Plant Nos. 1 and 2; and
C. Ratify the addition of Schweitzer Engineering Laboratories to the list of
pre-approved Original Equipment Manufacturers for procurements under
$100,000 for equipment, materials, and services for electrical power system
protective relays and load-shedding systems.
BACKGROUND
Public Contract Code §3400 allows local agencies to draft bid specifications for public
works that call for a designated product if the awarding authority, or its designee, finds
that the product is designated "in order to obtain a necessary item that is only available
from one source...". An item is available from only one source if there is not an "equal"
product, meaning a product that will "function as well, in all essential respects" as the
designated product.
Electrical power for the Orange County Sanitation District's (Sanitation District) Plant
Nos. 1 and 2 is supplied by its own Central Generator System (CenGen) and by Southern
California Edison (SCE). In an SCE power outage, the entire plant load is initially supplied
only by CenGen until standby diesel generator power starts to feed select loads. If the
load exceeds the operating CenGen capacity for a fraction of a second, CenGen will shut
down.
A centralized, high-speed load-shedding system would maintain plant operations during
a SCE power outage by dynamically shifting equipment backed up by standby generators
off CenGen and shutting down non-critical equipment. The system utilizes
microprocessor-based controllers and relays interconnected with a dedicated high-speed
network to monitor plant loads and critical events to immediately shed excess low priority
Page 1 of 6
loads. This system also greatly reduces the magnitude of potential arc flash events, which
is an important safety concern for power distribution equipment.
SCADA System and Network Upgrades at Plant No. 2, Project No. P2-107, was assigned
to provide a load-shedding and protective relay system. The original plan was to utilize
a less sophisticated system. A detailed evaluation determined that a centralized,
high-speed load-shedding and protective relay system would provide the greatest benefit.
Staff solicited information from manufacturers capable of providing such systems. Based
on an extensive investigation, Sanitation District staff has determined that Schweitzer
Engineering Laboratories (SEL) manufactures the only load-shedding system capable of
reliably meeting the Sanitation District's needs. The load-shedding system consists of a
load-shedding controller, a human-machine interface (HMI), protective relays, and
network equipment.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Maintain a culture of improving efficiency
PROBLEM
Although there are industry standards for load shedding systems, system vendors only
guarantee performance and operation when their own products are connected and
operated as a system. As a result, a system installed with different vendors' products
would present great difficulty in enforcing performance and interoperability. This is
particularly challenging because the system must respond extremely quickly using
high-speed networks to timely trip loads. Maintenance of systems and training of staff for
multiple systems would also be impractical.
PROPOSED SOLUTION
Sole source Schweitzer Engineering Laboratories for load-shedding systems and
protective relays at both plants. The sole source includes equipment, material,
engineering, and startup and commissioning services to be provided on specific capital
projects and for operational and maintenance assistance as needed.
The estimated cost for the load-shedding system at Plant No. 1 is in the range of$2 million
to $3 million. That system will be implemented under Electrical Power Distribution System
Improvements, Project No. J-98.
The estimated cost for the load-shedding system and protective relays at Plant No. 2 is
in the range of$1.5 million to $2.5 million. That system will be implemented under Ocean
Outfall System Rehabilitation, Project No. J-117, and SCADA System and Network
Upgrades, Project No. P2-107.
Page 2 of 6
TIMING CONCERNS
The Outfall Low Flow Pump Station, Project No. J 117B, will replace the 12-kV switchgear
at Cen Gen and the Ocean Outfall Booster Station. These switchgear line-ups will include
microprocessor-based protective relays. The SCADA System and Network Upgrades,
Project No. P2-107, will be implementing a load-shedding system and replacing existing,
outdated electromechanical protective relays with microprocessor-based protective
relays to reduce relay testing and calibration efforts, improve system troubleshooting and
diagnostics features, and reduce arc flash levels with improved tolerances. Furthermore,
a complete plant-wide fiber network will also be implemented. Implementing the
load-shedding system on these projects provides optimal timing and the greatest financial
benefit.
RAMIFICATIONS OF NOT TAKING ACTION
Not selecting SEL as a sole source manufacturer may result in obtaining a load-shedding
system that does not use industry standard programming languages, uses a server-based
controller that needs periodic security patches versus a microprocessor-based controller,
slower load-shedding timing that could reduce the benefits of a contingency-driven load
shedding system, proprietary load-shedding devices that cannot communicate with other
manufacturer devices, a system with limited installations in the United States, and lack of
local customer support for current and future projects.
PRIOR COMMITTEE/BOARD ACTIONS
December 2016 - Updated authorization and set administrative controls for sole source
procurement required to maintain, service, or replace equipment currently in operation at
Orange County Sanitation District facilities where the parts and/or service can only be
provided by the Original Equipment Manufacturer (OEM) or their designated
representative, for purchases under$100,000, per purchase, and authorized the General
Manager to ratify additions or deletions to the OEM list on the General Manager's
quarterly approved purchases agenda report.
ADDITIONAL INFORMATION
Load-Shedding System Technology
The original Scope of Work for Project No. P2-107 required the implementation of an
under-frequency load-shedding system with hardwired controls to trip preselected 12-kV
circuit breakers throughout Plant No. 2. During initial project meetings, it was determined
that it would be preferred to trip loads based on the actual plant electrical demand
(loading) versus a predetermined trip sequence so that the plant could maintain
operations during normal flow conditions with minimal impact to staff. Originally,
programmable logic controllers (PLCs) matching the plant process PLCs were planned
to be used with under-frequency relays. After discussions with microprocessor-based
relay manufacturers, it was determined that a proven contingency-driven, high-speed
load-shedding system with backup under-frequency load shedding would provide the
Page 3 of 6
most reliable and flexible load-shedding operation. It was determined that the
load-shedding system should comply with IEC 61850 for power utility automation.
Selection Process
The Sanitation District performed a market evaluation of vendors who provide high-speed
load-shedding systems and obtained technical advice from experts experienced in
load-shedding and the IEC 61850 standard. A request for information (RFI)for equipment
and services required to implement an IEC 61850 Edition 2-based substation
communications, protection, and load shedding control system was sent to the following
vendors on August 30, 2017:
1. Asea Brown Boveri (ABB)
2. General Electric (GE)
3. Schneider Electric
4. Schweitzer Engineering Laboratories (SEL)
5. Siemens
Submittals were received from four of the five manufacturers and were reviewed by the
Sanitation District. Schneider Electric declined to submit. Based on the information
provided, the Sanitation District determined that the following evaluation criteria should
be used to select the load-shedding system:
1. Protective relays need to comply with the IEC 61850 Edition 1 and/or Edition 2
standard.
2. Load-shedding calculations need to be performed in a microprocessor-based
controller versus a Windows-based server.
3. Load-shedding controller shall be programmed using IEC 61131 standard languages,
similar to industrial controllers being utilized by the Sanitation District's Process
Control Integration (PCI) group.
4. Load-shedding system needs to have a contingency-based load-shedding element
with a backup under frequency element.
5. Load-shedding system needs to integrate with other manufacturer's relays.
6. The network needs to have communication redundancy.
On November 3, 2017, additional clarification questions were sent to the four vendors to
clarify their responses to the original RFI. The Sanitation District reviewed and discussed
the manufacturer's responses based on the evaluation criteria. The table below shows
the criteria each manufacturer met.
Load-Shedding Criteria ABB GE SEL Siemens
IEC 61850 (Edition 1 or 2) ✓ ✓ ✓ ✓
Microprocessor-based controller ✓ ✓ ✓
IEC 61131 programming ✓ ✓ ✓
Contingency-driven load shedding ✓ ✓ ✓ ✓
Load shedding works with other mfrs ✓ ✓ ✓
Communication redundancy ✓ ✓ ✓ ✓
Page 4 of 6
Based on this criteria, Asea Brown Boveri (ABB) and SEL were selected to be further
evaluated. On January 8, 2018, an additional clarification request was sent to ABB to
request answers to the following questions:
1. Locations in the United States where the proposed load-shedding system has been
implemented.
2. Offices in the United States with number of staff at each location and expertise and
resumes of staff to provide technical support on the different load-shedding
components. (Note: Previous RFI response did not provide enough information for the
Sanitation District to evaluate).
3. Timing of load shedding system from signal input to breaker trip. (Note: Previous RFI
response did not provide enough information for the Sanitation District to evaluate).
The following summarizes the responses from ABB and SEL:
Criteria ABB SEL
Projects in the US 1 7
Offices in the US 1 Texas 14 1 in Irvine
Technical Staff in US 2 100
Load Shedding Timing 98 msec 12.24 — 30.46 msec
Details of ABB responses:
1. One similar project has been implemented in the United States and two similar
projects have been implemented in Canada. Most of ABB's experience is outside the
United States.
2. ABB listed eight staff members and provided resumes. Based on the resumes, it
appears that only two out of the eight technical staff are located in the United States.
The six technical staff located outside of the United States are located in India. The
staff in India were used to program and configure the load-shedding system located
in the United States.
3. ABB calculated a total load-shedding timing of 98 msec. This matches the timing
documented for the ABB project installed in Greece.
The load-shedding expert supporting the Sanitation District performed calculations to
determine the frequency decays of the power system when a load-shedding event is
triggered. These calculations indicate that a load-shedding time faster than ABB's 98
milliseconds is needed in order to provide sufficient timing separation between the
contingency-driven load-shedding event and the under-frequency load shedding, and to
prevent the power system frequency from dropping below 57 Hz, which could result in
damage to the motors over time.
The Sanitation District staff plans to train staff to configure, maintain, and troubleshoot
the load-shedding and protective relay system. The recommendation is to have the
manufacturer's staff program, configure, commission, and test relays installed under
Page 5 of 6
future Capital Improvement Program (CIP) projects so that the system is certified after
each installation.
In summary, SEL is the only manufacturer that responded to the RFIs that meets the
required criteria established by the Sanitation District to successfully implement a high-
speed load-shedding scheme.
Additional SEL Information and Features
SEL's equipment costs are sold at a fair market value with no discounts to any customers.
SEL also provides a 10-year, no-questions-asked product warranty. The equipment is
also designed for an operating temperature of -40 degrees F to +185 degrees F and a
service life of over 25 years. In addition, the SEL protective relays can be equipped with
overcurrent and arc-flash detection features that reduces fault clearing time and further
reduces the arc flash levels in 12kV switchgear.
CEQA
Pursuant to CEQA Guidelines section 15352, the recommended actions are not
approvals requiring environmental review under CEQA because the recommended
actions are only to make findings sufficient to allow the Sanitation District to designate
specified equipment in construction contracts. The recommended actions do not commit
the Sanitation District to a definite course of action to let a contract for bidding, to award
a contract, or to authorize any contractor to proceed.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels in the Sanitation District's Purchasing
Ordinance. The required funding will be obtained from the projects where the equipment,
material, and services are utilized, or in the appropriate operating budget allocations.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
MD:ND:dm:gc
Page 6 of 6
OPERATIONS COMMITTEE Meeting Date To Bd. of Dir.
03/07/18 --
AGENDA REPORT Item Number Item Number
12
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT: SEAL BEACH PUMP STATION REHABILITATION, PROJECT NO. 3-62,
AND REHABILITATION OF THE WESTERN REGIONAL SEWERS,
PROJECT NO. 3-64
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
There are two large Orange County Sanitation District (Sanitation District) sewers in Los
Alamitos Boulevard/Seal Beach Boulevard south from Katella Avenue to the 405
Freeway. Flow from the deeper sewer is pumped up by the West Side Pump Station to
the other sewer to flow by gravity to the Seal Beach Pump Station. Rehabilitation of
Western Regional Sewers, Project No. 3-64, currently in design, will rehabilitate these
sewers, among others, and is currently scoped to replace the wet well of the West Side
Pump Station to address potential concrete corrosion. Seal Beach Pump Station
Rehabilitation, Project No. 3-62, also currently in design, is assigned to rehabilitate the
Seal Beach Pump Station and its two 3-mile long force mains in Westminster Boulevard.
In the course of the preliminary design, the Seal Beach Pump Station design consultant
determined that the existing pump station could not be modified to meet Hydraulic
Institute design standards, nor to allow movement of foul air through the upstream sewer,
which could increase upstream odor complaints. Also, the West Side Pump Station
wet-well replacement would only provide a limited extension of the remaining useful life
of that pump station and would impact immediate neighbors both during and after
construction.
Based on the inherent limitations of the current approaches for both pump stations, Staff
has been considering a different approach:
• The existing Seal Beach Pump Station structure would be replaced with a new
deeper structure on-site, rather than just rehabilitated.
• The Los Alamitos Sub-Trunk, the deeper of the two sewers in Los Alamitos
Boulevard/Seal Beach Boulevard, would be extended one-mile south to the new,
deeper Seal Beach Pump Station.
Page 1 of 2
• The extension of that sewer would allow the West Side Pump Station to be
abandoned, rather than rehabilitated.
This approach would address the key problems with the current approach, but involve
significantly higher up-front capital cost in the short term. In the longer term, major
savings would be realized by not having to replace the two pump stations when they reach
the end of their life in approximately 20 years. Staff will present the functional and
financial implications of this approach in more detail at the Operations Committee
meeting.
RELEVANT STANDARDS
• Consider life-cycle costs in all decisions
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
CEQA
Project No. 3-62 is exempt from CEQA under Class 3 categorical exemptions set forth in
CEQA Guidelines sections 15301-15304. A Notice of Exemption (NOE) was filed with
the Orange County Clerk-Recorder on April 11, 2014 for this project. Recent changes to
the project resulted in a request for legal analysis last year to determine if the project
would still be covered under this NOE. The legal analysis was received on Dec 14, 2017,
confirming the NOE filed was still applicable for the project.
Project No. 3-64 had an Initial Study performed that was completed in November 2015.
It was determined an Environmental Impact Report (EIR) was required for the project.
The EIR was carried out, and on March 22, 2017, the Sanitation District Board of Directors
adopted Resolution No. OCSD 17-06, entitled: "A Resolution of the Board of Directors of
the Sanitation District Certifying the Environmental Impact Report for the Rehabilitation
of the Western Regional Sewers, Project No. 3-64; Adopting the Corresponding
Statement of Overriding Considerations and the Mitigation Monitoring Program; and
Approving the Western Regional Sewers, Project No. 3-64." A Notice of Determination
was filed for the EIR with the Orange County Clerk-Recorder on March 23, 2017.
The CEQA requirements for the potential approach have not yet been determined.
FINANCIAL CONSIDERATIONS
This is an information only Agenda Report. The budget requirements for the planned
changes would be addressed in the validation process for the upcoming Fiscal Year
2018/2019 and 2019/2020 budget.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 2 of 2
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology
Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CIP Capital Improvement Program
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA US Environmental Protection Agency
FOG Fats, Oils, and Grease
gpd gallons per day
GWRS Groundwater Replenishment System
ICS Incident Command System
IERP Integrated Emergency Response Plan
LOS Level Of Service
MGD Million Gallons Per Day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O & M Operations & Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
PCSA Professional Consultant/Construction Services Agreement
PDSA Professional Design Services Agreement
POTW Publicly Owned Treatment Works
ppm parts per million
PSA Professional Services Agreement
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Interceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control And Data Acquisition
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SRF Clean Water State Revolving Fund
SSMP Sewer System Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment & Reuse Foundation
WIFIA Water Infrastructure Finance and Innovation Act
WIIN Water Infrastructure Improvements for the Nation Act
WRDA Water Resources Development Act
Activated sludge process — A secondary biological wastewater treatment process where
bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume
dissolved nutrients in the wastewater.
Benthos — The community of organisms, such as sea stars, worms, and shrimp, which live on,
in, or near the seabed, also known as the benthic zone.
Biochemical Oxygen Demand (BOD) — The amount of oxygen used when organic matter
undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of
organic matter in water.
Biogas —A gas that is produced by the action of anaerobic bacteria on organic waste matter in a
digester tank that can be used as a fuel.
Biosolids— Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farmland or further processed as an earth-like product for commercial and home gardens to
improve and maintain fertile soil and stimulate plant growth.
Glossary of Terms and Abbreviations
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of
assets. Also includes treatment improvements, additional capacity, and projects for the support
facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but
also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most
common bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive
and convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of
the lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D/T) — The dilution at which the majority of people detect the odor
becomes the D/T for that air sample.
Greenhouse Gases (GHG) — In the order of relative abundance water vapor, carbon dioxide,
methane, nitrous oxide, and ozone gases that are considered the cause of global warming
("greenhouse effect").
Groundwater Replenishment System (GWRS) — A joint water reclamation project that
proactively responds to Southern California's current and future water needs. This joint project
between the Orange County Water District and the Orange County Sanitation District provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
Levels Of Service (LOS) — Goals to support environmental and public expectations for
performance.
N-Nitrosodimethylamine (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has
been found in the Groundwater Replenishment System process and is eliminated using hydrogen
peroxide with extra ultra-violet treatment.
National Biosolids Partnership (NBP) —An alliance of the National Association of Clean Water
Agencies and Water Environment Federation, with advisory support from the US Environmental
Protection Agency. NBP is committed to developing and advancing environmentally sound and
sustainable biosolids management practices that go beyond regulatory compliance and promote
public participation to enhance the credibility of local agency biosolids programs and improved
communications that lead to public acceptance.
Plume — A visible or measurable concentration of discharge from a stationary source or fixed
facility.
Glossary of Terms and Abbreviations
Publicly Owned Treatment Works (POTW) —A municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line —A regional brine line designed to convey 30 million
gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean
for disposal, after treatment.
Sanitary sewer— Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban runoff.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing
emissions from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated sludge
process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge — Untreated solid material created by the treatment of wastewater.
Total Suspended Solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff—Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed—A land area from which water drains to a particular water body. The Orange County
Sanitation District's service area is in the Santa Ana River Watershed.