HomeMy WebLinkAbout07-10-2019 Operations Committee Meeting Agenda Packet07/10/2019 Operations Committee Agenda Page 1 of 4
Orange County Sanitation District
SPECIAL Meeting of the OPERATIONS COMMITTEE
Wednesday, July 10, 2019
5:00 P.M.
Administration Building Board Room 10844 Ellis Avenue 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 Any items withdrawn from the Consent Calendar for separate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 Regular meeting of the Operations
Committee held on June 5, 2019. 2. PLANT NO. 2 TRICKLING FILTER INFLUENT (FEED) PUMP REPAIRS (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order to Vaughan’s Industrial Repair Co., Inc for the repair and reinstallation of six influent pumps at the Plant No. 2 Trickling Filter Pump Station, for a total amount not to exceed $631,010; and
B. Approve a contingency of $126,202 (20%).
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3. RENEWAL AGREEMENT FOR LIQUID OXYGEN PURCHASE AND ASSOCIATED VAPORIZATION SYSTEM MAINTENANCE SPECIFICATION NO. C-2018-926BD (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Amendment No. 1 for a unit price increase of $0.0535 per centum cubic feet (22.8%) to the chemical supplier agreement with Airgas USA, LLC for the purchase of liquid oxygen, Specification No. C-2018-926BD, for the period beginning August 21, 2019 through August 20, 2020 for a unit price of
$0.288 per centum cubic feet delivered, plus applicable sales tax, for a total
estimated annual amount of $496,512; and B. Authorize unit price adjustment of up to 15% annually using mutually acceptable price indices for subsequent agreement renewal periods.
4. HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105 (Kathy Millea)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Consider, receive, and file the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, prepared by Carollo and
Environmental Science Associates; and
B. Adopt Resolution No. OCSD 19-XX, entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the Headworks Rehabilitation and Expansion at Plant
No. 1, Project No. P1-105, adopting a Mitigation Monitoring and Reporting
Program, and approving the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105.”
NON-CONSENT: 5. PLANT NO. 2 TRUCKLOADING AUGER REPLACEMENT (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order to Pumpaction Corporation for the procurement of up to 12 replacement Putzmeister augers along with their associated mounting components including gear motor assembly for the Plant
No. 2 truckloading facility, for a total amount not to exceed $550,000;
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B. Approve payment of $165,000 (30%) of the not-to-exceed amount at the time
of order; and C. Approve a contingency of $110,000 (20%).
6. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2,
PROJECT NO. P2-92 (Kathy Millea) RECOMMENDATION: Recommend to the Board of Directors to: Approve a contingency increase of $498,500 (1%) to the construction contract with Shimmick
Construction Company, Inc. for Sludge Dewatering and Odor Control at Plant No. 2,
Project No. P2-92, for a total contingency of $2,991,000 (6%). 7. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1, PROJECT NO. P1-101 (Kathy Millea)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a contingency increase of $357,000 (5%) 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 $2,499,000 (35%).
8. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED SLUDGE PLANT NO. 1, PROJECT NO. P1-129 (Kathy Millea)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a budget increase of $1,300,000 for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total budget of $10,300,000;
B. Approve a Professional Construction Services Agreement with AECOM Technical Services, Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total amount not to exceed $140,000; and
C. Approve a contingency related to the Professional Construction Services Agreement of $14,000 (10%). INFORMATION ITEMS:
9. ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL SERVICES LABORATORY AND OCEAN MONITORING UP-DATE (Lan Wiborg) Each month, staff provides an informational presentation on topics of interest to the
Board of Directors. This month’s topic is the Orange County Sanitation District
Environmental Services Laboratory, Monitoring, and Compliance Division (LMC): Protecting Public Health and the Environment.
07/10/2019 Operations Committee Agenda Page 4 of 4
10. INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. P2-124
(Kathy Millea) Staff will present information regarding proposed Interim Food Waste Receiving Facility, Project No. P2-124, which included a project viability review that verified that
the project is economically justifiable based on project costs and anticipated tipping
fees. DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Board members may request staff to place an item on a future agenda.
ADJOURNMENT: The next Regular Meeting of the Operations Committee meeting is scheduled for September 4, 2019 at 5:00 p.m.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s 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, MMC Clerk of the Board (714) 593-7433 klore@ocsd.com32T For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714) 593-7300 32Tjherberg@ocsd.com32T Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Assistant General Manager Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Director of Engineering Kathy Millea (714) 593-7365 kmillea@ocsd.com
06/05/2019 Operations Committee Minutes Page 1 of 6
MINUTES OF THE OPERATIONS COMMITTEE
Orange County Sanitation District Wednesday, June 5, 2019, 5:00 p.m.
A meeting of the Operations Committee was called to order by Committee Chair Bob Collacott on Wednesday, June 5, 2019 at 5:00 p.m. in the Administration Building. Alternate Director Stacy Berry led the Flag Salute. A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: Robert Collacott, Chair Allan Bernstein Stacy Berry (Alternate) Joy Brenner (Alternate)
Doug Chaffee Brooke Jones (Alternate) Steve Jones Lucille Kring Tim Shaw
Jesus J. Silva Fred Smith John Withers, Board Vice-Chair David Shawver, Board Chair
COMMITTEE MEMBERS ABSENT: Sandra Massa-Lavitt
STAFF PRESENT: Jim Herberg, General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources
Kathy Millea, Director of Engineering Lan Wiborg, Director of Environmental Services Tina Knapp, Assistant Clerk of the Board Bob Bell Jennifer Cabral
Don Cutler Mike Dorman Dean Fisher Alfredo Garcia Ted Gerber
Mark Kawamoto Jeff Mohr Shahrzad Namini Adam Nazaroff Victoria Pilko
Tyler Ramirez Roya Sohanaki Steve Speakman Don Stokes Eros Yong
OTHERS PRESENT: Brad Hogin, General Counsel Bob Ooten, Alternate Director (CMSD) Austin Mejia (Supervisor Chaffee’s office)
Rich ten Bosch, Black & Veatch Cherylle Barrido, Brown and Caldwell
PUBLIC COMMENTS:
None.
ITEM NO. 1
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REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report.
REPORT OF COMMITTEE CHAIR: Committee Chair Collacott announced that Late Communication pertaining to Item No. 9 regarding the budget update was provided this evening in the blue folders. Chair Collacott
also announced that at the Board of Directors meeting on June 26, OCSD will celebrate
the 30th anniversary of Director Jim Ferryman’s service to the OCSD Board and casual attire is encouraged. CONSENT CALENDAR:
Item No. 3 was pulled by Alternate Director Brooke Jones for separate discussion and a vote was taken separate from the balance of the Consent Calendar. 1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special meeting of the Operations Committee held on May 1, 2019. AYES: Bernstein, Berry (Alternate), Brenner (Alternate), Chaffee,
Collacott, B. Jones (Alternate), S. Jones, Kring, Shaw,
Shawver, F. Smith and Withers NOES: None
ABSTENTIONS: None ABSENT: Massa-Lavitt and Silva
2. PLANT NO. 2 CENTRAL GENERATION STEAM TURBINE CONDENSER REPAIR, PROJECT NO. MP-257 (Kathy Millea)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a service contract to Manley’s Boiler LLC for Plant No. 2 Central
Generation Steam Turbine Condenser Repair, Project No. MP-257, Specification No. S-2019-1019BD, for an amount not to exceed $289,900; and B. Approve a contingency of $57,980 (20%).
AYES: Bernstein, Berry (Alternate), Brenner (Alternate), Chaffee, Collacott, B. Jones (Alternate), S. Jones, Kring, Shaw, Shawver, F. Smith and Withers NOES: None
ABSTENTIONS: None ABSENT: Massa-Lavitt and Silva
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4. PLANT NO. 2 TRICKLING FILTER CLARIFIER “E” REPAIR (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order to Ovivo USA, LLC to refurbish and repair Trickling Filter Clarifier “E” rotating scum skimmer troughs, sludge
ducts and their associated components for a total amount not to exceed
$190,280; B. Approve a contingency of $38,056 (20%); and C. Approve Amendment to Orange County Sanitation District Purchase Order Terms and Conditions.
AYES: Bernstein, Berry (Alternate), Brenner (Alternate), Chaffee, Collacott, B. Jones (Alternate), S. Jones, Kring, Shaw, Shawver, F. Smith and Withers NOES: None
ABSTENTIONS: None ABSENT: Massa-Lavitt and Silva
Item No. 3 was pulled by Alternate Director Brooke Jones for separate discussion and a vote was taken separate from the balance of the Consent Calendar.
Director Silva arrived at the meeting at 5:05 p.m.
3. FLEET PURCHASE OF EIGHT SEDANS AND FOUR TRANSIT VANS (Rob Thompson) Assistant General Manager Rob Thompson provided a verbal overview of this item
and addressed questions regarding the reason for the low mileage on the vehicles
scheduled for replacement. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to:
A. Approve a Purchase Order to National Auto Fleet Group for the purchase of four Toyota Prius sedans, four Nissan Leaf sedans, and four Ford Transit vans using Sourcewell (formerly National Joint Powers Alliance) Cooperative Contract No. 120716-NAF for a total amount not to exceed
$361,554; and B. Approve a contingency of $18,078 (5%). AYES: Bernstein, Berry (Alternate), Brenner (Alternate), Chaffee, Collacott, B. Jones (Alternate), S. Jones, Kring, Shaw,
Shawver, Silva, F. Smith and Withers NOES: None
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ABSTENTIONS: None ABSENT: Massa-Lavitt
NON-CONSENT: 5. PLANT NO. 2 SECONDARY CLARIFIER REPAIRS, PROJECT NO. MP-248 (Kathy Millea)
Director of Engineering Kathy Millea introduced Engineering Manager Jeff Mohr who provided a verbal overview of this item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Plant No. 2 Secondary Clarifier Repairs, Project No. MP-248; B. Award a Construction Contract to W.M. Lyles for Plant No. 2 Secondary Clarifier Repairs, Project No. MP-248, for a total amount not to exceed
$3,048,000; and C. Approve a contingency of $304,800 (10%). AYES: Bernstein, Berry (Alternate), Brenner (Alternate), Chaffee, Collacott, B. Jones (Alternate), S. Jones, Kring, Shaw,
Shawver, Silva, F. Smith and Withers NOES: None
ABSTENTIONS: None
ABSENT: Massa-Lavitt
6. PLANT NO. 1 ICS NETWORK EXTENSION, PROJECT NO. FE17-05 (Kathy Millea)
Director of Engineering Kathy Millea introduced Engineering Manager Mike
Dorman who provided a verbal overview of this item. Mr. Dorman provided the dollar amount of the bid received for the low bid that was deemed non-responsive in response to an inquiry made by the Committee.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Plant No. 1 ICS Network Extension, Project No. FE17-05;
B. Receive and file Clarification Request No. 2 issued to ODC Engineering and Technology on April 29, 2019; C. Receive and file ODC’s response to Clarification Request No. 2 received by the Orange County Sanitation District on May 6, 2019; D. Receive and file Award Recommendation Notice issued to ODC on May 17,
2019 informing them of the Orange County Sanitation District’s findings and subsequent recommendation to reject their Bid as non-responsive;
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E. Reject low bid from ODC Engineering and Technology as non-responsive; F. Receive and file Orange County Sanitation District’s Award Recommendation Notice issued to all Bidders dated May 17, 2019;
G. Award a construction contract to RP Controls, for the Plant No. 1 ICS
Network Extension, Project No. FE17-05, for a total amount not to exceed $321,889; and H. Approve a contingency of $32,188 (10%).
AYES: Bernstein, Berry (Alternate), Brenner (Alternate), Chaffee, Collacott, B. Jones (Alternate), S. Jones, Kring, Shaw, Shawver, Silva, F. Smith and Withers NOES: None ABSTENTIONS: None ABSENT: Massa-Lavitt
INFORMATION ITEMS:
7. ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL SERVICES RESOURCE PROTECTION (Lan Wiborg)
Each month, staff provides an informational presentation on topics of interest to
the Board of Directors. This month’s topic: Orange County Sanitation District Environmental Services Resource Protection: Protecting Water, Biosolids, and Gas for Reuse.
Lan Wiborg, Director of Environmental Services, provided an informative
PowerPoint presentation on this that included an overview of the divisions within Environmental Services department, resource recovery at OCSD, OCSD source control, an overview of the Clean Water Act, an overview of an industrial user (definition and requirements), and non-industrial source control and the urban
runoff program. Roya Sohanaki, Engineering Manager, presented information on
the awards received by the OCSD program and an overview of the effectiveness of the source control program. Ms. Wiborg and Ms. Sohanaki also answered questions from the Committee regarding program requirements.
8. DIGESTER GAS FACILITIES REHABILITATION, PROJECT NO. J-124
(Kathy Millea) Staff will present information regarding the Preliminary Design Report cost estimate and its anticipated impact to the FY 2019-20 Budget.
Kathy Millea, Director of Engineering, provided a PowerPoint presentation that reviewed this project, project objectives, construction cost estimates, project budget changes, total CIP budget authority, and top budget increases. General Manager Herberg and Ms. Millea answered questions from the Committee
regarding specific project needs.
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9. FY 2019-20 BUDGET UPDATE (Lorenzo Tyner) Assistant General Manager Lorenzo Tyner provided a PowerPoint presentation for
this item that included an overview of revenue sources, expenses, operating
expenses, the capital improvement program, debt service, and closed with a recap. Mr. Tyner answered questions from the Committee pertaining to interest rates reserves.
DEPARTMENT HEAD REPORTS: None. CLOSED SESSION:
None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:
Board Chair David Shawver indicated that Board Vice-Chair John Withers, Director Bernstein, and Director Kim will be traveling to Washington, DC the week of June 17 for advocacy days. UBOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None. ADJOURNMENT
Chair Collacott declared the meeting adjourned at 5:45 p.m. to the meeting to be held on Wednesday, July 10, 2019 at 5:00 p.m. Submitted by,
______________________ Tina Knapp, MMC Assistant Clerk of the Board
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OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number 2 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: PLANT NO. 2 TRICKLING FILTER INFLUENT (FEED) PUMP REPAIRS
GENERAL MANAGER'S RECOMMENDATION A. Approve a Sole Source Purchase Order to Vaughan’s Industrial Repair Co., Inc for the repair and reinstallation of six influent pumps at the Plant No. 2 Trickling Filter
Pump Station, for a total amount not to exceed $631,010; and B. Approve a contingency of $126,202 (20%). BACKGROUND
The trickling filter process is one of two secondary treatment processes at the Orange County Sanitation District’s (Sanitation District) Plant No. 2 that remove suspended and dissolved organic material using microorganisms, enabling the Sanitation District to meet ocean discharge permit limits. The other secondary treatment process is pure oxygen
activated sludge. The trickling filter process consists of three trickling filters: A, B, and C; each containing two influent pumps at the trickling filter pump station. The purpose of these pumps is to provide essential supply of influent for the trickling filter treatment process. The six pumps were installed as part of Project No. P2-90, Trickling Filters at Plant No. 2, and have been in service since 2012. These pumps have been in service
for approximately seven years. RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Comply with environmental permit requirements
• Maintain a proactive asset management program
• Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting PROBLEM
The influent pumps were experiencing reduced pumping efficiency with two of six pumps out of service. One of the influent pumps was removed for evaluation. The evaluation concluded that this pump had developed a problem with seal water flow due to severe corrosion in the seal water supply tube. Corrosion in the seal water supply tube prevents
the free flow of seal water, resulting in reduced pumping efficiency which eventually leads
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to premature pump failure. It was determined that this pump needs to be rebuilt with higher-grade stainless-steel components in order to minimize future corrosion.
PROPOSED SOLUTION
Rebuild all six influent pumps, one at a time, at the Plant No. 2 Trickling Filter Pump Station through Vaughan’s Industrial Repair Co., Inc. (VIRC), who is the sole authorized service center for these types of pumps.
TIMING CONCERNS The trickling filter pump station is critical to the secondary treatment process. With only four out of six pumps available, the trickling filter pump station does not have the required
redundancy to support the secondary treatment process, especially during high flow
situations. The proposed repairs to at least two pumps would need to be completed prior to the next wet weather season. RAMIFICATIONS OF NOT TAKING ACTION
Failure to repair the trickling filter pumps would result in the reduction of secondary treatment capacity. Additional pump failures would severely handicap the ability for the trickling filter pump station to provide the required influent to the trickling filter treatment process, with the possibility of partially treated primary effluent spilling into the ocean.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
A contingency of 20% is requested to cover additional costs for labor and materials should further damage be discovered once the influent pumps have been removed. The quote was based on the evaluation of one pump. It is assumed that the same work would be
required for the remaining pumps. CEQA The repair and replacement of the Trickling Filter Pump Station influent pumps is
categorically 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 existing or former use,”
including “(b) Existing facilities of both investor and publicly-owned utilities used to provide
electric power, natural gas, sewerage, or other public utility services”.
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FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District’s Purchasing
Ordinance. This recommendation would be funded under the Repairs and Maintenance
line item for Division 880 (Fiscal Years FY 2018-19 and 2019-20 Budget, Section 6, Page 100), and the available funding is sufficient for this action.
Date of Approval Contract Amount Contingency
07/10/2019 $631,010 $126,202
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package: N/A
RM:ab:gc
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OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number 3 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: RENEWAL AGREEMENT FOR LIQUID OXYGEN PURCHASE AND
ASSOCIATED VAPORIZATION SYSTEM MAINTENANCE SPECIFICATION NO. C-2018-926BD GENERAL MANAGER'S RECOMMENDATION
A. Approve Amendment No. 1 for a unit price increase of $0.0535 per centum cubic feet (22.8%) to the chemical supplier agreement with Airgas USA, LLC for the purchase of liquid oxygen, Specification No. C-2018-926BD, for the period beginning August 21, 2019 through August 20, 2020 for a unit price of $0.288 per centum cubic feet delivered, plus applicable sales tax, for a total estimated annual
amount of $496,512; and B. Authorize unit price adjustment of up to 15% annually using mutually acceptable price indices for subsequent agreement renewal periods.
BACKGROUND The Orange County Sanitation District’s (Sanitation District) previous bid solicitation in 2018 for liquid oxygen received three bids. The lowest bidder was Airgas USA, LLC (Airgas) with a unit price of $0.2345 per centum cubic feet (ccf). The second lowest bidder
was Air Products and Chemicals, Inc. with a unit price of $0.40 per ccf. Subsequently, in June 2018, the Sanitation District’s Board of Directors awarded an agreement to Airgas USA, LLC for the purchase of liquid oxygen for a unit price of $0.2345 per ccf delivered, plus applicable sales tax, for a total estimated amount of $404,278.
RELEVANT STANDARDS
• Comply with environmental permit requirements
• Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PROBLEM
The current liquid oxygen agreement expires on August 20, 2019. The previous Board action authorized four potential renewals. The vendor, Airgas, has expressed a willingness to renew the agreement at a higher unit cost. Airgas proposes a $0.0535 (22.8%) increase to $0.288 per ccf. This increase is primarily driven by high costs due to energy, transportation, and tariffs.
Page 2 of 3
PROPOSED SOLUTION Staff recommends approval of the unit price increase to ensure that the supply and
delivery of liquid oxygen is not disrupted. The new proposed price of $0.288 per ccf is
28% less than the $0.40 per ccf bid from the next lowest bidder in 2018. TIMING CONCERNS
The Sanitation District requires a contract to be in place before the existing agreement
expires on August 20, 2019. Liquid oxygen is necessary for the normal operation of the Activated Sludge process at Plant No. 2. RAMIFICATIONS OF NOT TAKING ACTION
If the new vendor is not in place before the existing agreement expiration date, the service and supply of liquid oxygen would discontinue, and the Sanitation District would not be able to provide effective secondary treatment at Plant No. 2.
Spot market purchases while rebidding this purchase will be more expensive and carry
greater risk of disruption. PRIOR COMMITTEE/BOARD ACTIONS
June 2018 - Awarded a Chemical Supplier Agreement to Airgas USA, LLC for the
purchase of liquid oxygen, Specification No. C-2018-926BD, for the period beginning August 21, 2018 through August 20, 2019 for a unit price of $0.2345 per ccf delivered, plus applicable sales tax, for a total estimated annual amount of $404,278, with four (4) one-year renewal options; authorized the General Manager to approve price adjustments
based upon indices from Southern California Edison’s Rate Time of Use (TOU)-8 Base
Interruptible Program (BIP) and Bureau of Labor Statistics’ employment Cost Index for subsequent agreement periods; and authorized services related to routine and emergency maintenance of the Sanitation District’s liquid oxygen storage and vaporization equipment for the period beginning August 21, 2018 through
August 20, 2019 a total estimated annual amount of $20,000; with four (4) one-year
renewal options. ADDITIONAL INFORMATION
N/A CEQA N/A
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FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District’s Purchasing
Ordinance. This item has been budgeted in the Proposed Budget FY 2018-19 and
FY 2019-20 Operating Budget, Division 840, Plant No. 2. (Line item: Supplies, Section 6, Page 88).
Date of Approval Contract Amount Price Adjustment
07/24/2019 $496,512 $74,477 (15%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Amendment No. 1
JS:MVP:cf:gc
Amendment No. 1 Specification No. C-2018-926BD Revision Date: 032018
AMENDMENT NO. 1 To CHEMICAL SUPPLIER AGREEMENT Purchase of Liquid Oxygen (LOX), Specification No. C-2018-926BD
THIS AMENDMENT TO THE AGREEMENT is made and entered into, to be effective on August 21, 2019, by and between Orange County Sanitation District (hereinafter referred to as “OCSD”) and Airgas USA, LLC (hereinafter referred to as "Supplier") collectively referred to as the “Parties”. WHEREAS, OCSD and Supplier executed, delivered and entered into the Agreement between OCSD and Supplier, the effective date of which is August 21, 2018 (“Agreement”); and WHEREAS, the Parties wish to amend the Agreement to make certain modifications which shall be called Amendment No. 1 (“Amendment”); and
WHEREAS, the Parties desire that the Agreement as modified by this Amendment No. 1 shall constitute the sole and entire agreement among the Parties;
NOW, THEREFORE, in consideration of these premises and the mutual covenants contained herein, the Parties agree to amend the Agreement to: 1. Exercise option to renew the Agreement for one (1) additional year, for the period of August 21, 2019 through August 20, 2020; and 2. Revise Scope of Work, Article 1.3 Liquid Oxygen – Price Adjustments to add a paragraph stating, “Price adjustments for subsequent agreement periods may be based upon mutually acceptable price indices.”; and 3. Increase the unit price of Liquid Oxygen (LOX) from $0.2345 per centum cubic feet (ccf) to $0.288 per ccf effective August 21, 2019 through August 20, 2020, in accordance with Airgas USA, LLC’s Proposal dated May 7, 2019, attached hereto as part of this Amendment No. 1.
Except as expressly amended above, the Agreement will remain unchanged and in full force and effect. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Amendment No. 1 to be signed by the duly authorized representatives as of the day and year last signed below. Orange County Sanitation District Airgas USA, LLC
By:
Lorenzo Tyner Assistant General Manager Date Date
Name:
David John Shawver Board Chairman Date Title:
Kelly A. Lore, MMC Clerk of the Board Date
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OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number 4 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1,
PROJECT NO. P1-105 GENERAL MANAGER'S RECOMMENDATION A. Consider, receive, and file the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, prepared by Carollo and Environmental Science Associates; and
B. Adopt Resolution No. OCSD 19-XX, entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, adopting a Mitigation Monitoring and Reporting Program, and approving the Headworks Rehabilitation and Expansion at Plant No. 1, Project
No. P1-105.”
BACKGROUND The headworks of a wastewater treatment plant is where all incoming sewers converge
through a series of pipes, meters, flow diversions, and gates. Orange County Sanitation
District’s (Sanitation District) Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, includes demolition of existing facilities, construction of new facilities, and rehabilitation of existing facilities for influent flow diversions, metering, preliminary treatment, and water-in/water-out pumping of wastewater through Plant No. 1. It is
anticipated that the construction phase of this project will take approximately seven years
to complete. RELEVANT STANDARDS
• Listen to and seriously consider community input on environmental concerns
• Meet CEQA and NEPA standards
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting PROBLEM
The California Environmental Quality Act (CEQA) requires public agencies to participate
in an environmental review process for all projects that are defined as a discretionary
Page 2 of 3
action with potential physical effects on the environment. Pursuant to CEQA, a Mitigated Negative Declaration (MND) was prepared based on the finding from the Initial Study.
PROPOSED SOLUTION
Adopt Resolution No. OCSD 19-XX which will certify the attached MND. TIMING CONCERNS
The Sanitation District may not commit to construction of the project until the CEQA process has been completed. Without certifying the CEQA documentation, the South Coast Air Quality Management District will not review the permit to construct/operate. This will cause additional delays that will ultimately impact advertisement and construction
dates.
RAMIFICATIONS OF NOT TAKING ACTION The project may not proceed into construction without completion of the environment
process.
PRIOR COMMITTEE/BOARD ACTIONS N/A
ADDITIONAL INFORMATION The Sanitation District received comments from regulatory agencies including State Clearinghouse, Federal Emergency Management Agency, California Department of
Transportation, South Coast Air Quality Management District, Gabrieleno Band of Mission
Indians, Orange County Public Works, City of Irvine, and City of Fountain Valley. The Public Agencies acknowledged the receipt of the Draft MND and required the Sanitation District to comply with their agencies’ provisions. The Sanitation District evaluated all environmental comments, provided written responses to each comment where
necessary, and included the comments and responses in the MND. For most of the
comments, responses were not required because there were no specific comments on the contents of the Draft MND. Minor modifications to the Draft MND did not alter the conclusion of the MND.
CEQA The Sanitation District, as lead agency, prepared an Initial Study analyzing the project's potential environmental impacts. Based on the Initial Study, it was determined that all of the project's potentially significant environmental impacts can be mitigated to a level of
less than significant impact. On this basis, an MND and Mitigation Monitoring and
Reporting Program was prepared. A 30-day public review period commenced on April 26, 2019. The Draft MND was submitted to the State Clearinghouse for a 30-day comment period (State Clearinghouse No. 2019049152). The Sanitation District received
Page 3 of 3
eight comments from public agencies and none from the public. The MND includes these comments, as well as the Sanitation District’s responses.
The proposed Resolution presenting CEQA findings and adopting the MND and Mitigation
Monitoring and Reporting Program is attached for the Board's consideration and approval. FINANCIAL CONSIDERATIONS
N/A ATTACHMENT
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (separate file, electronic only)
• Draft Resolution No. OCSD 19-XX GR:dm:gc
1417263.1 OCSD 19-XX-1
RESOLUTION NO. OCSD 19-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105, ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM,
AND APPROVING THE HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105
WHEREAS, the Orange County Sanitation District (the "District") is presently
considering the approval of a project known as the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105 (the “Project”); and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 et seq. ("CEQA")) and the CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000 et seq.), the District, as lead agency, prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Project that analyzes the potential impacts of the Project and identifies applicable mitigation measures; and
WHEREAS, the IS/MND found that the Project may have one or more significant environmental effects, but the District has agreed to revise the Project and incorporate feasible mitigation measures to eliminate or avoid all potentially significant environmental effects of the Project; and
WHEREAS, the District has consulted with other public agencies and the general public, and provided such agencies and the public with the opportunity to provide written and oral comments on the IS/MND as required by CEQA, including a public review period of 30 days which commenced on April 26, 2019 and ended on May 28, 2019; and
WHEREAS, the District has reviewed all comments received on the IS/MND and
has prepared a Final MND that responds to all significant environmental issues raised
during the review and consultation process; and
WHEREAS, the comments received on the IS/MND, either in full or in summary,
together with the District’s responses, have been included in the Final MND for the
proposed Project; and
WHEREAS, the District has prepared a Mitigation Monitoring and Report Plan (“MMRP”) for the implementation of, and compliance with, all feasible mitigation measures identified in the IS/MND and Final MND; and
1417263.1 OCSD 19-XX-2
WHEREAS, the Final MND, including the comments received by the District on the IS/MND, and the MMRP have been presented to the District's Board of Directors (the "Board") for review and consideration prior to the District’s approval of, and commitment
to, the Project, and approval of the Final MND and MMRP is consistent with the provisions
of CEQA. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
1. The Board of Directors certifies that the Final MND, attached to this Resolution as Exhibit A, including comments and responses thereto, has been completed in compliance with CEQA and represents a complete and adequate description of the environmental conditions of the proposed Project;
2. The Board of Directors has independently reviewed and considered the Final MND together with all comments received during the public review process; 3. The Final MND reflects the independent judgment and analysis of the Board;
4. The Board of Directors finds on the basis of the whole record before it that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment;
5. The Board of Directors finds that the recommended mitigation measures contained
in the Final MND shall be implemented and adopts the Mitigation Monitoring and Reporting Program ("MMRP"), included in Exhibit A, to ensure that all mitigation measures will be implemented;
6. The Final MND has been completed in compliance with the requirements of CEQA
and is hereby adopted; 7. The Board of Directors approves the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105;
8. The documents and other materials that constitute the record of proceedings on which the Board of Directors decision is based are located at the District Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and the custodian for these documents is the Clerk of the Board; and
9. District staff is authorized and directed to file the Notice of Determination (NOD) and any other documents in accordance with the requirements of CEQA.
1417263.1 OCSD 19-XX-3
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
July 24, 2019.
________________________________
David John Shawver
Board Chairman
ATTEST:
_____________________________
Kelly A. Lore, MMC Clerk of the Board
1417263.1 OCSD 19-XX-4
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-XX was passed and
adopted at a regular meeting of said Board on the 24th day of July 2019, by the following
vote, to wit:
AYES:
NOES: ABSTENTIONS: ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 24th day of July 24, 2019.
Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District
Page 1 of 3
OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number 5 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: PLANT NO. 2 TRUCKLOADING AUGER REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION A. Approve a Sole Source Purchase Order to Pumpaction Corporation for the procurement of up to 12 replacement Putzmeister augers along with their
associated mounting components including gear motor assembly for the Plant No. 2 truckloading facility, for a total amount not to exceed $550,000; B. Approve payment of $165,000 (30%) of the not-to-exceed amount at the time of order; and
C. Approve a contingency of $110,000 (20%). BACKGROUND
Approximately 300 tons per day of biosolids are generated from the wastewater treatment operations at Orange County Sanitation District’s (Sanitation District) Plant No. 2. These biosolids are loaded on trucks for off-site reuse through two truckloading bays at the truckloading facility.
The augers were installed as part of Project No. P2-60, Solids Storage and Truckloading Facility at Plant No. 2, and have been in service since 2000. The augers are used for moving biosolids from overhead storage bins into trucks. There are six augers in each of the two truckloading bays. Truckloading operations would not be possible without properly operating augers.
Two augers recently failed, and a third auger is exhibiting signs of wear indicating failure potential. Auger replacement is highly recommended based on a recently concluded technical assessment, which included a remaining useful life analysis. In addition, these augers are under more stress now that Plant No. 2 is producing denser biosolids since
the new dewatering centrifuges have come on-line. The original augers were manufactured by Putzmeister. Pumpaction Corporation (Pumpaction) is the sole authorized company for Putzmeister parts and repairs.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability • Safe, beneficial reuse of Biosolids
Page 2 of 3
PROBLEM The augers have reached the end of their useful life and reliable operation of the augers
is critical for ensuring timely removal of the biosolids produced as part of the wastewater
treatment operation. The accessibility of the augers is limited, and any auger related work requires shutdown of an entire truckloading bay. In order to maintain the required biosolids truckloading
rates, one of the two truckloading bays must be in operation at all times.
PROPOSED SOLUTION Staff recommends procurement of up to 12 replacement augers for Plant No. 2
truckloading and associated installation inspection services from the original equipment
manufacturer (OEM). Staff will procure installation services using the master services repair and maintenance contract in two phases as only one loading bay can be taken out of service at any one time. Staff also recommends a relatively high contingency of 20% since these high wear parts are being removed for the first time and unknown conditions
may be encountered.
TIMING CONCERNS Augers are already showing signs of wear, and more dense solids produced by the newly
commissioned dewatering centrifuges are aggravating the condition of the worn augers. RAMIFICATIONS OF NOT TAKING ACTION Failure to replace the augers could seriously jeopardize ability to effectively remove
biosolids causing potential wastewater treatment capacity impacts. PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION The proposed replacement augers are a design unique to the Sanitation District and are not used elsewhere. As such, the vendor has requested a 30% upfront payment to begin
the fabrication of these unique parts that cannot be put back into stock if the order were
to be cancelled. CEQA
The replacement of the truckloading augers is categorically exempt from CEQA under the
Class 1 categorical exemptions set forth in California Code of Regulations sections 15301. Section 15301 (Class 1) exempts from CEQA “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
Page 3 of 3
structures facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use,” including “(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or
other public utility services”.
FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District’s Purchasing
Ordinance. This recommendation will be funded under the Repairs and Maintenance line
item for the Operations and Maintenance Department, and the available funding is sufficient for this action in FY 2018-19 Budget Line Item: Repairs and Maintenance, Section 6, Page 92.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package: N/A
RM:ab:gc
Page 1 of 3
OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number 6 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2,
PROJECT NO. P2-92 GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of $498,500 (1%) to the construction contract with
Shimmick Construction Company, Inc. for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, for a total contingency of $2,991,000 (6%). BACKGROUND
This project replaces existing solids dewatering and odor control facilities at Orange County Sanitation District (Sanitation District) Plant No. 2. The objectives of the project include replacing aging facilities, lowering biosolids management costs, and improving odor control treatment.
The project includes installation of centrifuges for the dewatering facility and demolition of existing facilities. The new dewatering facility was first placed into service in March 2019, and the old facility was taken out of service in June 2019. Demolition is scheduled to begin in early July 2019.
RELEVANT STANDARDS
• Sound engineering and accounting practices, complying with local, state and federal laws
• 24/7/365 treatment plant reliability
PROBLEM
In preparation for the upcoming demolition activities, a much larger number of flange gaskets were found to contain asbestos than was identified in the Hazardous Material Survey included with the bid documents. The piping associated with those gaskets also has lead-based paint that makes cutting the flanges without disassembly impractical.
Addressing issues with asbestos and lead containing materials will require approximately $200,000, which is most of the remaining Board-approved construction contract contingency. The remaining demolition work could reveal conditions and circumstances impacting the construction effort that are not detectable prior to construction.
Page 2 of 3
For the construction changes to date, the large majority have either been negotiated, or the magnitude of the costs are reasonably well-known and factored into the remaining contingency. There are, however, several unresolved disputed items with a contractor
requested value of approximately $500,000. While the Sanitation District has disputed
the merit of these items, the full problem-solving procedures offered the Contractor by the Public Contract Code have not concluded. Final determination of merit and extent of potential added costs for these items remains a potential risk.
PROPOSED SOLUTION
Approve a construction contract contingency increase to cover the additional lead and asbestos abatement costs, provide sufficient authorization for staff to complete demolition activities, and resolve disputed items. No additional project budget is required to fund
this increase.
TIMING CONCERNS Demolition activities will begin in July 2019. If problems arise, the construction work might
have to be stopped until additional contract funds can be authorized to resolve the issue.
These delays would result in increased staff costs to administer the contract and potentially extended overhead claims from the Contractor. RAMIFICATIONS OF NOT TAKING ACTION
If additional contingency is needed, but not available, it might be necessary to leave some demolition work uncompleted. Any uncompleted demolition work would constrain the future use of the site and add to the cost and duration to future projects.
PRIOR COMMITTEE/BOARD ACTIONS
November 2014 - Awarded a construction contract to Shimmick Construction Company, Inc. for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, for a total amount not to exceed $49,850,000, and approved a contingency of $2,492,500 (5%).
ADDITIONAL INFORMATION N/A
CEQA The Final Subsequent Environmental Impact Report for implementation of Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, was certified on March 23, 2013. A notice of determination was filed with the Orange County Clerk-
Recorder’s Office on March 28, 2013.
Page 3 of 3
FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (FY 2019/20 Budget Update, Appendix A,
Page A-9), and the budget is sufficient for the recommended action. Even with this contract action, staff anticipates the project will finish at least $2 million under budget.
Date of Approval Contract Amount Contingency
11/19/2014 07/24/2019
$49,850,000 $2,492,500 (5%) $ 498,500 (1%)
$2,991,000 (6%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
JM:VR:dm:sa:gc
Page 1 of 3
OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number 7 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1,
PROJECT NO. P1-101 GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of $357,000 (5%) 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 $2,499,000 (35%). BACKGROUND
This project replaces existing solids dewatering, sludge thickening, and odor control systems at Orange County Sanitation District (Sanitation District) Plant No. 1. The objectives of the project include additional capacity to support expansion of the Groundwater Replenishment System, replacing aging facilities, lowering biosolids
management costs, and improving sludge thickening to avoid the need to construct new digesters. This project includes installation of centrifuges for the dewatering system and the thickening system. Commissioning of the dewatering systems was completed with
beneficial occupancy of that system occurring in March 2019. Commissioning of the thickening system is in progress and was expected to be completed by mid-June 2019. RELEVANT STANDARDS
• Sound engineering and accounting practices, complying with local, state, and federal laws
• 24/7/365 treatment plant reliability
PROBLEM Commission of the thickening system has been delayed due to an unexpected accumulation of solids in the thickened sludge piping impacting the sludge density meters
used to control the thickening centrifuge and reducing pipe capacity. Engineering time is needed to support optimization to the operation of the mechanical and chemical addition systems.
Page 2 of 3
Additionally, due to the unanticipated complexity of the project that resulted in multiple design and functionality changes, additional contingency is needed to complete the record drawings for the project.
PROPOSED SOLUTION Increase the Consultant contract contingency for extended support for the Design Consultant’s process startup specialist and for additional as-built drawing efforts. No
additional project budget is required to fund this increase.
TIMING CONCERNS Construction is nearing completion and commissioning is close to complete. To address
the current unknown condition affecting commissioning, the additional consultant services
are needed such that commissioning can be successfully completed without delay to the project. 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 commissioning activities would be severely hampered and project delays would be incurred.
PRIOR COMMITTEE/BOARD ACTIONS
March 2018 - Approved 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, and approved a contingency of $2,142,000 (30%).
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, and approved a contingency of $1,285,200 (18%).
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.
Page 3 of 3
ADDITIONAL INFORMATION HDR Engineering, Inc., the project’s Design Consultant, 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 has been essential for successful completion of the project.
The Design Consultant has been providing the services of a process startup specialist to
assist Sanitation District staff in fully testing and optimizing systems before beneficial occupancy. That specialist is uniquely qualified by technical expertise, familiarity with the new systems, and relationships with Sanitation District staff to diagnose and resolve the problem. As the Consultant’s Scope of Work is otherwise nearly complete, there is no
remaining contingency to fund the troubleshooting and to continue the now-delayed
thickening system testing. 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 (FY 2019/20 Budget Update, Appendix A,
Page A-9), and the budget is sufficient for this action.
Date of Approval Contract Amount Contingency
04/25/2012 $7,140,000 $ 571,200 (8%) 02/22/2017 03/28/2018 07/24/2019
$ 714,000 (10%) $ 856,800 (12%) $ 357,000 (5%) $ 2,499,000 (35%)
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:dm:sa:gc
Page 1 of 4
OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. 07/24/19
AGENDA REPORT Item Number
8
Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering
SUBJECT: RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED SLUDGE PLANT NO. 1, PROJECT NO. P1-129 GENERAL MANAGER'S RECOMMENDATION
A. Approve a budget increase of $1,300,000 for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total budget of $10,300,000;
B. Approve a Professional Construction Services Agreement with AECOM Technical
Services, Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total amount not to exceed $140,000; and
C. Approve a contingency related to the Professional Construction Services
Agreement of $14,000 (10%). BACKGROUND
Activated Sludge Plant No. 1, constructed in 1974, is one of the three biological treatment
processes at the Orange County Sanitation District (Sanitation District) at Plant No. 1. The facility includes 230 feet of 30-inch return activated sludge piping required to maintain full capacity and supply effluent to the Orange County Water District. The condition of this discharge pipe is compromised, and it no longer provides reliable service.
This project will completely replace the existing pump station discharge header piping and buried piping from the pump station to the aeration basin walls. RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Ensure the public’s money is wisely spent
• Comply with California Government Code Section 4526 to engage the best qualified firm “on the basis of demonstrated competence and qualifications” and “negotiate fair and reasonable fees”
Page 2 of 4
PROBLEM In October 2018, the Board of Directors approved a budget increase based on a
construction cost estimate of $5.8 million. That increase was to support a decision to
purchase rather than rent bypass pumps for use on the project and then use the same pumps again for Headworks Rehabilitation at Plant No. 1, Project No. P1-105. By the time final design was completed, the estimated construction cost had risen to $6.1 million.
On June 24, 2019, bids were received, with the lowest bid nearly $6.9 million, $1.1 million
more than the estimate at the time the budget was increased. The contractors’ bids were highly dependent on the means and methods of construction, as well as perceived risks working in tight spaces. To complete this project, an additional $1.3 million of project budget is requested; $1.1 million for the construction contract, and an additional $200,000
for the related construction contract contingency.
The project also requires the design consultant to provide as-needed services during construction including submittal review, answering the contractor’s requests for information, reviewing construction change orders, participating in meetings, site visits,
and preparing record drawings.
PROPOSED SOLUTION Increase the project budget by $1.3 million from $9,000,000 to $10,300,000.
Award a Professional Construction Services Agreement with AECOM Technical Services, Inc. to provide engineering support services during construction. TIMING CONCERNS
The additional project budget is needed to award the construction contract and engineering support services will be needed at the start of construction. RAMIFICATIONS OF NOT TAKING ACTION
The project budget is not sufficient to award the construction contract for which bids were received. Without additional budget, staff would need to reduce project scope and re-advertise for bids. To reduce costs, the purchase of the bypass pumps would be replaced with rental of the pumps. In that case, the cost of Headworks Rehabilitation at
Plant No. 1, Project No. P1-105, would increase by the same amount, since that project
was expected to use the pumps to facilitate construction. The engineering support services needed to facilitate and review construction activities will not be available, which may negatively impact the contract execution.
Page 3 of 4
PRIOR COMMITTEE/BOARD ACTIONS October 2018 – Approved a project budget increase of $1,100,000 for a total budget of
$9,000,000.
June 2018 – Approved through the Fiscal Year 2019/2020 Budget a project budget of $7,900,000 for the Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129.
May 2017 – Approved a Professional Design Services Agreement with AECOM Technical Services, Inc. to provide engineering design services for the Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for an amount not to exceed $523,039 and approved a contingency of $52,304 (10%).
December 2016 - Approved the creation of the P1-129 project for a total project cost of $3,300,000. ADDITIONAL INFORMATION
AECOM Technical Services, Inc. has successfully furnished engineering services for the design of this project and their support services during construction will provide continuity through the completion of the project. Staff negotiated with AECOM Technical Services, Inc. for these support services in accordance with the Sanitation District’s adopted
policies and procedures. A review of the proposed price was conducted using estimated
quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort for preparing record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services.
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 minor alterations to existing public facilities. A Notice of Exemption for this project was filed and recorded with the County of Orange
on May 25, 2017, after the Board of Directors approved the Professional Design Services
Agreement.
Page 4 of 4
FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This project has been budgeted (FY2019-20 Budget Update, Appendix A,
Page A-10) and the budget is sufficient to award the Professional Construction Services Agreement. Funds for the budget increase will be taken from a corresponding project budget reduction
for Plant No. 2 Digester Facilities Rehabilitation, Project No. P2-91-1. That project budget
can be reduced because the project is expected to be completed significantly under budget.
Date of Approval Project Budget Contingency
06/27/2018 $ 7,900,000 10/24/2018 $ 1,100,000
07/24/2019 $ 1,300,000 $10,300,000
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Professional Construction Services Agreement RL:dm:sa:gc
PCSA CONTRACT/PROJECT NO. P1-129
Revised 050719 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED SLUDGE PLANT 1
Page 1 of 19
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «date» day of «Month», «year» by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and «CONSULTANT COMPANY», for purposes of
this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for «Contract/Project Title», «Contract/Project No.»; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT’s Purchasing Ordinance Section 4.03(B) for the continuation of services and has proceeded in accordance with said procedures 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 Director of Engineering and General
Manager pursuant to SANITATION DISTRICT’s Purchasing Ordinance 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. 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
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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 CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of «Number of Days» calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT.
E. 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 «Grand Total Written
Amount» Dollars ($«Grand Total Amount»). 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
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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 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall 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 [NOTE TO CA: If there are no Subconsultants under $100K, delete
this phase ‘per attached hourly rate schedule’.] 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
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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 in 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 “D” - 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 IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/104711#. 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
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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 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 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 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.
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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. He may, at his 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.
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
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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, 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 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
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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. 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: Two
Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products
liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the
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General Liability policy and coverage must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. 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. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to the SANITATION DISTRICT. F. 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.
G. 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
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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.
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. H. 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 (General Liability)
(ISO Form) CG2010 11 85 or
The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01
All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
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(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.
I. 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 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 Risk Management, 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. J. 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. K. Separation of Insured All liability policies shall contain a “Separation of Insureds” clause. L. 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. M. 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
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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.
N.Defense Costs
Liability policies shall have a provision that defense costs for all insureds andadditional insureds are paid in addition to and do not deplete any policy limits.
O.Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be inamounts and types reasonably sufficient to deal with the risk of loss involving theSubconsultant’s operations and work.
P.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 thehigher 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 withparticularity all terms of the new Agreement, including but not limited to any additionalCONSULTANT's fees.
9.PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of thisAgreement, 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 eachSubconsultant and each CONSULTANT’s project team member. CONSULTANT shallinclude the respective compensation amounts for CONSULTANT and eachSubconsultant 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 projectteam members without prior written approval by the SANITATION DISTRICT.
10.ENGINEERING REGISTRATION
The CONSULTANT’s personnel are comprised of registered engineers and a staff ofspecialists 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
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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 incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement
and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all project related accounting records and documents, and any other financial data. 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
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Attention: «Contracts Administrator’s Name», «Contracts Administrator’s Title» Copy: «Project Manager’s Name», 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’s staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 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
A. Labor 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. B. Air Pollution
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CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
17.AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individualexecuting this document by and on behalf of each party is a person duly authorized toexecute agreements for that party.
18.DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance orinterpretation of this Agreement, the dispute shall be resolved by binding arbitrationunder the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similarorganization 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, theprevailing party shall be entitled to reasonable attorney's fees, costs and necessarydisbursements 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 day of the followingmonth 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 possibledelays, 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 itsservices, the SANITATION DISTRICT informs CONSULTANT that any part of theservices fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct orcomplete the noted deficiency(ies).
22.INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (atCONSULTANT’s sole cost and expense and with legal counsel approved by theSANITATION DISTRICT, which approval shall not be unreasonably withheld), protectand hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’sofficers, directors, employees, consultants, and agents (collectively the “IndemnifiedParties”), from and against any and all claims, damages, liabilities, causes of action,suits, arbitration awards, losses, judgments, fines, penalties, costs and expensesincluding without limitation, attorneys’ fees, disbursements and court costs, and all otherprofessional, expert or consultants fees and costs and the SANITATION DISTRICT’s
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general and administrative expenses (individually, a “Claim”, or 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, consultants, 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 from: (A) the sole or 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.
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,
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then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims.
CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations.
24.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. Theevaluation, together with the comments, shall be retained by the SANITATIONDISTRICT and may be considered in future CONSULTANT selection processes.
25.COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall comply with all SANITATION DISTRICT policies and proceduresincluding the OCSD Safety Standards, as applicable, all of which may be amended from
time to time.
26.CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under theAgreement is fully complete and that the SANITATION DISTRICT requires no furtherwork from CONSULTANT, or the Agreement is otherwise terminated or expires inaccordance with the terms of the Agreement, the SANITATION DISTRICT shall give theConsultant written notice that the Agreement will be closed out. CONSULTANT shallsubmit all outstanding billings, work submittals, deliverables, reports or similarly relateddocuments as required under the Agreement within thirty (30) days of receipt of notice ofAgreement 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 befurnished, 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
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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.
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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 __________________________________________________ David John Shawver Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Date Contracts, Purchasing and Materials Manager
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 “F” – 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 “J” – Not Used (or Not Attached) Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – OCSD Safety Standards
XXX:xx
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OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 9 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT: ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL
SERVICES LABORATORY AND OCEAN MONITORING UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
This update is intended to be an informational presentation, as part of a series on topics of interest to the Board of Directors. The topic for this month is the Orange County
Sanitation District Environmental Services Laboratory, Monitoring, and Compliance Division (LMC): Protecting Public Health and the Environment.
The work of the LMC division tends to be complex and diverse and this presentation will focus primarily on the current strategic and collaborative projects and studies. At a later
date an additional presentation will be scheduled to provide an update on Compliance reporting programs.
RELEVANT STANDARDS
•Comply with environmental permit requirements
•Listen to and seriously consider community input on environmental concerns
•Operate and maintain facilities to minimize impacts on surrounding communitiesincluding odor, noise, and lighting.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
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OPERATIONS COMMITTEE Meeting Date 07/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 10 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering
SUBJECT: INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. P2-124
GENERAL MANAGER'S RECOMMENDATION
Informational Only.
BACKGROUND
California State Senate Bill (SB) 1383 requires cities to divert organics such as food waste away from landfills. This food waste, after processing, can be added to anaerobic digesters such as those operated by the Orange County Sanitation District (Sanitation
District) to produce methane gas and energy.
The draft Preliminary Design Report submitted in June 2019 for the Interim Food Waste Receiving Facility, Project No. P2-124, included a project viability review that verified that the project is economically justifiable based on project costs and anticipated tipping fees.
Staff will give a brief update on the proposed facility and the project viability review.
RELEVANT STANDARDS
•Maintain and adhere to appropriate internal planning documents (Biosolids MasterPlan)
•Use all practical and effective means for resource recovery
PRIOR COMMITTEE/BOARD ACTIONS
September 2018 - Approved a Professional Design Services Agreement with Kennedy/Jenks Consultants to provide engineering design services for Interim Food
Waste Receiving Facility, Project No. P2-124, for an amount not to exceed $695,000, and approved a contingency of $69,500 (10%).
ADDITIONAL INFORMATION
The Biosolids Master Plan evaluated the feasibility of receiving pre-processed food waste. It concluded the costs to construct and operate the facilities and handle the additional biosolids production could be offset by tipping fees charged to food waste processors and additional power associated with increased digester gas production.
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Due to the fact that the Biosolids Master Plan also recommended replacement of the digester complex, an interim food waste facility was recommended until a more permanent facility can be constructed in 10 to 15 years when the designated space would
become available following demolition of existing digesters. The interim food waste
receiving station will consist of prefabricated storage tanks, mixing and transfer pumps, and piping to the digesters. CEQA
This project was covered under the Biosolids Master Plan Program Environmental Impact Report, adopted by the Board on June 27, 2018. A Notice of Determination was filed on September 27, 2018, after Board approval of the Professional Design Services Agreement.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
N/A
JGD:dm:gc
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LAFCO Local Agency Formation
Commission RWQCB Regional Water Quality
Control Board
APWA American Public Works
Association LOS Level Of Service SARFPA Santa Ana River Flood
Protection Agency
AQMD Air Quality Management
District MGD Million Gallons Per Day SARI Santa Ana River
Interceptor
ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional WaterQuality Control Board
BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SAWPA Santa Ana Watershed Project Authority
CARB California Air Resources
Board NEPA National Environmental
Policy Act SCADA Supervisory Control And
Data Acquisition
CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP
Southern California
Alliance of Publicly Owned
Treatment Works
CCTV Closed Circuit Television NPDES National Pollutant Discharge
Elimination System SCAQMD South Coast Air Quality
Management District
CEQA California Environmental
Quality Act NWRI National Water Research
Institute SOCWA South Orange County
Wastewater Authority
CIP Capital Improvement
Program O & M Operations & Maintenance SRF Clean Water State
Revolving Fund
CRWQCB California Regional Water
Quality Control Board OCCOG Orange County Council of
Governments SSMP Sewer System
Management Plan
CWA Clean Water Act OCHCA Orange County Health Care Agency SSO Sanitary Sewer Overflow
CWEA California Water Environment
Association OCSD Orange County Sanitation
District SWRCB State Water Resources
Control Board
EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids
EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EPA US Environmental Protection
Agency OSHA Occupational Safety and
Health Administration TSS Total Suspended Solids
FOG Fats, Oils, and Grease PCSA
Professional
Consultant/Construction Services Agreement WDR Waste Discharge
Requirements
gpd gallons per day PDSA Professional Design Services
Agreement WEF Water Environment
Federation
GWRS Groundwater Replenishment
System POTW Publicly Owned Treatment
Works WERF Water Environment &
Reuse Foundation
ICS Incident Command System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
IERP Integrated Emergency
Response Plan PSA Professional Services
Agreement WIIN
Water Infrastructure
Improvements for the
Nation Act
JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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.
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.
LEVEL 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.
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.