HomeMy WebLinkAbout09-06-2017 Operations Committee Meeting Agenda Packet Orange County Sanitation District Wednesday, September 6, 2017
Regular Meeting of the 5:00 P.M.
OPERATIONS COMMITTEE - 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 Any items withdrawn from the Consent Calendar for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 July 5, 2017 Operations Committee
Meeting.
2. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and file
the Capital Improvement Program Contract Performance Report forthe period ending
June 30, 2017.
09/06/2017 Operations CommiRee Agenda Page 1 of 8
3. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
RECOMMENDATION: Receive and file the Fiscal Year 2016/17 Fourth Quarter Odor
Complaint Summary.
4. BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2, PROJECT NO.
FE16-05 (Rob Thompson)
RECOMMENDATION:
A. Award a Construction Contract to AMPCO Contracting, Inc. for Buried Water
Valve Support Upgrades at Plant No. 2, Project No. FE16-05,for a total amount
not to exceed $139,000; and
B. Approve a contingency of$27,800 (20%).
5. SCE FEED RELIABILITY IMPROVEMENTS STUDY, PROJECT NO. PS16-02
(Rob Thompson)
RECOMMENDATION:
A. Approve a cooperative Study Agreement between the Orange County
Sanitation District and Southern California Edison for a Method of Service
Study for SCE Feed Reliability Improvements Study, Project No. PS16-02, for
an amount not to exceed $150,000; and
B. Approve a contingency of$30,000 (20%).
6. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Construction Contract to Access Pacific, Inc. for the Safety
Improvements Program, Contract No. J-126E, for a total amount not to exceed
$418,000, to address identified roof safety and fall protection issues; and
B. Approve a contingency of$41,800 (10%).
7. ON-CALL PLANNING STUDIES MASTER CONTRACT NO. PLAN2017-00
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve annual Professional Services Agreements with Brown and Caldwell,
AECOM, HDR, Dudek, and RMC, for on-call Planning Studies Master Contract
09/06/2017 Operations CommiRee Agenda Page 2 of 8
No. PLAN2017-00, for the term November 1, 2017 — October 31, 2018, with a
maximum annual fiscal year contract limitation not to exceed $400,000 for each
Professional Services Agreement; and
B. Approve two additional one-year optional extensions.
8. ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO. 2
PROJECT NO. P2-118 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Activated Sludge
Aeration Basin Deck Repair at Plant No. 2, Project No. P2-118;
B. Receive and file Orange County Sanitation District's Notice of Intent to Award
dated August 21, 2017;
C. Award a Construction Contract to Abhe and Svoboda, Inc. for the Activated
Sludge Aeration Basin Deck Repair at Plant No. 2, Project No. P2-118, for a
total amount not to exceed $906,975; and
D. Approve a contingency of$90,700 (10%).
9. ADDENDUM NO. 2 TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND
COLLECTION SYSTEM ODOR & CORROSION CONTROL PROGRAM
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Consider, receive,
and file the Orange County Sanitation District's Addendum No. 2 to the Supplemental
Environmental Impact Report for the Final Effluent Pump Station Annex and
Collection System Odor & Corrosion Control Program, dated September 6, 2017, to
accommodate odor and corrosion control chemical addition at Garden Grove Sanitary
District's Tiffany Pump Station.
10. ADDENDUM NO. 3 TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND
COLLECTION SYSTEM ODOR & CORROSION CONTROL PROGRAM
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Consider, receive,
and file the Orange County Sanitation District's Addendum No. 3 to the Supplemental
Environmental Impact Report for the Final Effluent Pump Station Annex and
Collection System Odor & Corrosion Control Program, dated September 6, 2017, to
accommodate order and corrosion control chemical addition at Costa Mesa Sanitary
District's Mendoza Pump Station.
09106/2017 Operations CommiRee Agenda Page 3 of 8
11. GENERAL AND SEMI-SKILLED LABOR REPAIRS AND SERVICES CONTRACT
(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Purchase OrderContractto Tiano Construction, Inc. (primary), Golden
West Corp., and ICA Construction (secondary and tertiary) for labor services,
Specification No. S-2017-85813D, for the period October 1, 2017 through
September 30, 2018, for a combined total annual amount not to exceed
$300,000, with four one-year renewal options; and
B. Approve an annual contingency of$30,000 (10%).
12. CORRECTIVE MAINTENANCE OF PLANT NO. 1 AERATION BLOWER NO. 2
(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a sole source purchase order contract for parts and services to
Siemens Demag Delaval Turbomachinery Inc. (SDDTI) to repair Aeration
Blower No. 2 in the amount of$281,196; and
B. Approve a contingency of$56,239 (20%).
13. GENIE 65 FOOT BOOM AERIAL LIFT PLATFORM COOPERATIVE
PROCUREMENT WITH TEREX GENIE (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to: Approve the
purchase of one (1) Genie S-65 foot boom aerial lift platform using the National Joint
Powers Alliance cooperative Contract Number 042815-TER with GENIE TEREX
PAPE Materials Handling for a total cost of $105,888, in accordance with Ordinance
No. OCSD-47, Section 2.03(B), Cooperative Purchases.
14. TAYLOR-DUNN CART PURCHASE FROM YALE CHASE EQUIPMENT AND
SERVICES, INC. (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Authorize the award of a sole source purchase of twenty-seven (27)
Taylor-Dunn electric carts from Yale Chase Equipment and Services, Inc., in
accordance with 03/28/01 Minute Order 12(C), for a total cost of $317,342 to
include tax and delivery; and
B. Approve a contingency of$15,868 (5%).
09106/2017 Operations CommiRee Agenda Page 4 of 8
NON-CONSENT CALENDAR:
15. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the Ocean Outfall System
Rehabilitation, Project No. J-117, and Outfall Low Flow Pump Station, Contract
No. J-11713, prepared by Brown and Caldwell and Environmental Science
Associates;
B. Adopt Resolution No. OCSD 17-XX, making certain findings and adopting the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program pursuant to the California Environmental Quality Act; and
C. Approve a contingency increase of$677,801 (10%)to the Professional Design
Services Agreement with Brown and Caldwell for Ocean Outfall System
Rehabilitation, Project No. J-117, for a total contingency of$3,727,907 (55%).
16. RECONDITIONING OF BELT FILTER PRESSES; PROJECT NO. MP-249
(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve an increase of $299,382 to Purchase Order No. 105983 with Alfa
Laval Ashbrook Simon Hartley Inc.forthe Reconditioning of Belt Filter Presses,
located at Plant Nos. 1 and 2,fora new total amount not to exceed of$992,439;
and
B. Approve a contingency increase of $129,182 for a new total contingency
amount not to exceed $198,488 (20%).
INFORMATION ITEMS:
17. URBAN RUNOFF PROGRAM (Jim Colston)
18. SPACE UTILIZATION NEEDS (Ron Thompson)
DEPARTMENT HEAD REPORTS:
09 062017 operations CommiRee Agenda Page 5 of 8
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board,
the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations,pending orpotential litigation,or personnel matters,pursuant to Government Code Sections
54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a)purchase and sale of real property,, (b) matters of pending or potential litigation;
(c) employment actions or negotiations with employee representatives,,or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
(1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property: 10950 Virginia Cir. Fountain Valley, CA -APN No.156-165-05;
10870 Spencer Ave. Fountain Valley, CA - APN No.156-163-07;
18480 Pacific St. Fountain Valley, CA- APN No.156-165-04;
18430 Pacific St. Fountain Valley, CA- APN No.156-165-06;
18370 Pacific St. Fountain Valley, CA- APN No.156-165-08;
18429 Pacific St. Fountain Valley, CA - APN No.156-163-09;
18410 Bandilier Cir. Fountain Valley, CA-APN No.156-163-10;
18368 Bandilier Cir. Fountain Valley, CA-APN No.156-163-11;
10700 Spencer St. Fountain Valley, CA -APN No.156-163-16;
10700 Spencer Ave. Fountain Valley, CA - APN No.156-154-07;
18350 Mt. Langley St. Fountain Valley, CA - APN No.156-154-08; 156-163-17;
18386 Mt. Langley St. Fountain Valley, CA - APN No.156-154-06;
18385 Bandilier Cir. Fountain Valley, CA-APN No.156-163-12;
18401 Bandilier Cir. Fountain Valley, CA-APN No.156-163-13;
18424 Mt. Langley St. Fountain Valley, CA - APN No.156-154-05;
18435 Bandilier Cir. Fountain Valley, CA-APN No.156-163-14;
18475 Bandilier Cir. Fountain Valley, CA-APN No.156-163-15;
10725 Ellis Ave. Fountain Valley, CA- APN No.156-154-04; and
10540 Talbert Ave. Fountain Valley, CA-APN No.156-151-03
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Bob Ghirelli; Director of Finance and Administrative Services, Lorenzo Tyner; Director
of Engineering, Rob Thompson; Engineering Managers, Kathy Millea and Jeff Mohr;
CIP Project Manager, Tom Grant; Kevin Turner and John Gallivan, Cushman and
Wakefield.
Negotiating parties:
Valley, Business Park, APN Nos. 156-165-05; 156-165-06, 156-163-07;
DK-USA LLC, APN No.156-165-04;
Fountain Valley Industrial Parcel 13, APN No.156-165-08;
Sukut Real Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11;
The Ins Trust Shabtai, Nevon, APN No. 156-163-16;
09106/2017 Operations Committee Agenda Page 6 of 8
The Ins Trust, APN No. 156-154-07;
K & A Investments LP, APN No. 156-154-08; 156-163-17;
Fountain Valley Star LLC, APN No. 156-154-06;
TN Sheet Metal Inc., APN No. 156-163-12;
18401 Bandilier LLC, APN No. 156-163-13;
Phone Lilly Lin-Lin TR, APN No. 156-154-05;
JDK Partners, APN No. 156-163-14;
Chandler Real Properties, APN No. 156-163-15;
Ellis Avenue LLC, APN No. 156-154-04; and
SFII Fountain Valley LLC, APN No. 156-151-03
Under negotiation: Instruction to negotiator will concern price and terms of payment.
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, October 4, 2017 at
5:00 p.m.
09106/2017 Operations CommiRee Agenda Page 7 of 8
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.
Aaenda Posting: In accordance with the requirements of California Govemment 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 Ume 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 majonty
of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Clerk of the Board
(714)593-7433
kloreaocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbem(rpoosd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirellifalocsd.com
Director of Engineering Rob Thompson (714)593-7310 rlhompson(&.ocsd.com
Director of Environmental Services Jim Colston (714)593-7450 icolstonaocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
09/06/2017 Operations Committee Agenda Page 8 of 8
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, July 5, 2017, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee Chair
Withers on Wednesday, July 5, 2017 at 5:01 p.m. in the Administration Building. Director
Shaw led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
Denise Barnes Bob Ghirelli, Assistant General Manager
Stacy Berry (Alternate) Jim Colston, Director of Environmental Services
Robert Collacott Rob Thompson, Director of Engineering
Phil Hawkins Ed Torres, Director of Operations and Maintenance
Steve Jones Lorenzo Tyner, Director of Finance &
Sandra Massa-Lavitt (Alternate) Administrative Services
Richard Murphy Tina Knapp, Deputy Clerk of the Board
Tim Shaw Cindi Ambrose
Fred Smith Jennifer Cabral
Greg Seboum, Board Chair Rod Collins
David Shawver, Board Vice-Chair Carla Dillon
Mike Dorman
COMMITTEE MEMBERS ABSENT: Mark Esquer
Allan Bernstein Dean Fisher
Michelle Steel Lisa Frigo
Alfredo Garcia
Lisa Haney
Jeff Mohr
Man Nguyen
Ddaze Phuong
Victoria Pilko
George Rivera
Richard Spencer
Eros Yong
OTHERS PRESENT:
Kendra Carney, Assistant General Counsel
Patrick Sheilds, IRWD
PUBLIC COMMENTS:
None.
07/05/2017 Operations Committee Minutes Page 1 &7
REPORT OF COMMITTEE CHAIR:
Committee Chair Withers did not provide a report.
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg did not provide a report.
CONSENT CALENDAR:
Item No. 2 was pulled from consideration for separate discussion.
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the
June 7, 2017 Operations Committee Meeting.
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
3. LIGHT DUTY TRUCK COOPERATIVE PROCUREMENT WITH NATIONAL
AUTO FLEET GROUP (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to: Approve the purchase of four light duty trucks using the National Joint
Powers Alliance cooperative Contract Number 120716-NAF with National Auto
Fleet Group for a total cost of $148,000 in accordance with Ordinance No.
OCSD47, Section 2.03(B), Cooperative Purchases.
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
Item No. 4 was pulled from consideration.
4 PREVENTATIVE MAINTENANCE OF CTANDRY EMERGENCY CI IRCTRIGAI
GENERATORS COCPIC-c ATIf1N \Il1 s-n Q99GIl /C.1 TorreeRFQQA.4P-4FNQA.TIQN' Regemmend to the Board of D rectors to:
A- Approve a Service Contract with Valley Power Services, Inc. fnr the nnn nl
prn nntaty maintenance of standby electrical generators located o!
07/05/2017 Operations Committee Minutes Page 2 of 7
Orange Ga „ty 9Rnitntinn Migtri .t Plant Nes. 1 n 2 and Pump Stat .
t, A.+.+...ye a GGAtiAgeRGY of COD 700 (20%) .. •two year period.
5. PURCHASE OF SODIUM HYPOCHLORITE, SPECIFICATION NO. C-2017-
853BD (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award an Agreement to JCI Jones Chemicals, Inc. for the purchase of
sodium hypochlorite (bleach), Specification No. C-2017-853BD, for the
period September 1, 2017 through August 31, 2018, for a unit price of
$0.51/gallon delivered, plus applicable sales tax, for an estimated annual
amount of$626,726.25, with four (4) one-year renewal options; and
B. Approve a (10%) unit price contingency.
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
6. REPAIR & REFURBISHMENT OF TWO CENTRAL GENERATION
ELECTRICAL GENERATORS, SPECIFICATION NO. S-2017-85OBD (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Service Contract to R.A. Reed Electric Company, the lowest
responsive and responsible bidder, for Repair & Refurbishment of two
Central Generation Electrical Generators, Specification No. S-2017-85013D,
for an amount not to exceed $424,538.62; and
B. Approve a contingency of$84,908 (20%).
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
07/05/2017 Operations Committee Minutes Page 3 of 7
7. STORMWATER MASTER PLAN — PROJECT NO. PS16-01 (Rob Thompson)
MOVED. SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Services Agreement with Michael Baker
International, Inc. to provide engineering services for the Stormwater
Master Plan, Project No. PS16-01, for an amount not to exceed $715,300;
and
B. Approve a contingency of$71,530 (10%).
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
8. CEQA PLAN 2017— MASTER CONTRACT NO. CEQA PLAN2017-00
(Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve annual Professional Services Agreements with HDR
Engineering, Inc.; Michael Baker International; Helix Environmental
Planning, Inc.; ESA; AECOM; and LSA; Master Contract No. CEQA
PLAN2017-00, with a maximum annual fiscal year contract limitation not to
exceed $400,000 for each Professional Services Agreement; and
B. Approve two additional one-year optional extensions.
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
Item No. 2 was pulled from consideration for separate discussion regarding the required
experience for the responsive bidders.
2. DIGESTER CLEANING CONTRACT (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Service Contract with Synagro-W WT, Inc., the lowest responsive
and responsible bidder, for Digester Cleaning, Specification No.
S-2017-82413D, for an 18-month period beginning September 1, 2017
07/05/2017 Operations committee Minutes Page 4 of 7
through February 28, 2019, for an amount not to exceed $3,953,958 with
four (4) additional 18-month renewal options; and
B. Approve a contingency of$395,396 (10%) aggregately per contract period.
AYES: Barnes, Berry (Alternate), Collacott, Hawkins,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein, Jones, and Steel
NON-CONSENT CALENDAR:
9. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1, PROJECT
NO. P1-101 (Rob Thompson)
Director of Engineering Rob Thompson introduced Dean Fisher, Engineering
Manager, who presented an informative PowerPoint presentation on this item that
included an overview of the project scope, current progress, new site facilities,
support equipment, remaining work, project challenges, major additional work
items, schedule delays, mitigation measures, and recommended action.
Director Jones arrived at 5:11 p.m.
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to: Approve a contingency increase of $5,718,000 (4.5%) to the
construction contract with W.M. Lyles Company for Sludge Dewatering and Odor
Control at Plant No. 1, Project No. P1-101, for a total contingency amount of
$9,518,000 (7.5%).
AYES: Barnes, Berry (Alternate), Collacott, Hawkins, Jones,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein and Steel
Item No. 9.1 was added to the agenda via Supplemental Agenda posted 6/29/2017.
9.1 REHABILITATION OF FLEET SERVICES BUILDING, BUILDING 8 AND
PAVING AREA, CONTRACT NO. PI-115B (Rob Thompson)
Mr. Thompson provided a PowerPoint presentation regarding this item that
included background information on the project, an explanation of the requested
increase to the project budget, and recommended action. Mr. Thompson
responded to questions regarding the number of bids received, timing of when the
bids were received and the Committee meeting calendar, and the cause and
concerns for the required rehabilitation work.
07/05/2017 Operations Committee Minutes Page 5 of 7
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file bid tabulation and recommendation;
B. Award a construction contract to ODC Engineering and Technology for
Rehabilitation of Fleet Services Building, Building 8 and Paving Area,
Contract No. P1-115B, part of Title 24 Access Compliance and Building
Rehabilitation, Project No. 131-115, for a total amount not to exceed
$2,235,609;
C. Approve a contingency of$223,563 (10%); and
D. Approve a budget increase of$791,000 for Title 24 Access Compliance and
Building Rehabilitation, Project No. P1-115, for a total budget amount of
$18,400,000.
AYES: Barnes, Berry (Alternate), Collacott, Hawkins, Jones,
Massa-Lavitt (Alternate), Murphy, Seboum, Shaw,
Shawver, F. Smith, and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Bernstein and Steel
INFORMATION ITEMS:
10. HUMAN RESOURCES —WORKFORCE PLANNING, SAFETY AND SECURITY
(Celia Chandler)
Human Resources Manager Richard Spencer provided a PowerPoint presentation
on this item that included an overview of workforce planning, workforce
development, retirement eligibility, education levels of OCSD employees, and the
workforce vulnerability assessment. Mr. Spencer's presentation also provided
information regarding safety and health, risk identification, incident reporting,
training and awareness, occupational health, compliance, recordable injuries,
security and emergency planning, physical security, contract security services, and
emergency planning.
Item No. 11 was added to the agenda via Supplemental Agenda posted 6/29/2017.
11. LANE CHANNEL CROSSING PROJECT— PROJECT NO. FE16-11
(Rob Thompson)
Mr. Thompson provided a PowerPoint presentation regarding this item that
included general information about the Von Kerman Trunk Sewer and next steps
for this project.
07/05/2017 Operations Committee Minutes Page 6 of 7
Item No. 12 was added to the agenda via Supplemental Agenda posted 6/29/2017.
12. PLANT NO. 1 PRIMARY CLARIFIER REHABILITATION (Ed Torres)
Director of Operations and Maintenance Ed Torres provided a verbal report on this
item indicating that this is an emergency procurement for urgent mechanical
rehabilitation and overhaul of 10 primary clarifiers at Plant No. 1.
DEPARTMENT HEAD REPORTS:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None.
ADJOURNMENT
Committee Chair Withers declared the meeting adjourned at 6:04 p.m. to the next
scheduled meeting of Wednesday, September 6, 2017 at 5:00 p.m.
Submitted by,
Tina Knapp, CIVIC
Deputy Clerk of the Board
07/05/2017 Operations Committee Minutes Page 7 of 7
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
09/06/17 OgR7/17
AGENDA REPORT IWrnNumber Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE
REPORT
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Capital Improvement Program Contract Performance Report for the
period ending June 30, 2017.
BACKGROUND
The Capital Improvement Program involves awarding and managing many construction
and consulting contracts. In 2008, the Orange County Sanitation District (Sanitation
District) Board of Directors began awarding contingencies along with construction and
consulting contracts. The contingencies allow the General Manager to approve change
orders for construction contracts and amendments for consulting contracts up to the
amount of the approved contingency. This practice reduces administrative costs,
expedites resolution of project issues that arise, helps avoid Contractor delay claims, and
facilitates efficient management of many contracts.
The Capital Improvement Program Contract Performance Report summarizes
construction and consulting contract performance and activities for the quarter ending
June 30, 2017. This report will be updated quarterly.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(wwwocsd.conn with the complete agenda package:
• Capital Improvement Program Contract Performance Report for the period ending
June 30, 2017
JM:dm
Page 1 of 1
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2017
DATE: August 11, 2017
TO: Orange County Sanitation District
Board of Directors
FROM: James D. Herberg, General Manager
Through: Rob Thompson, Director of Engineering
This report summarizes the status, activities, and performance of public works
construction contracts and consultant agreements. This report also identifies the names
and status of projects being performed under master budgets for facilities engineering,
planning studies, and research.
PART 1 - CONSTRUCTION CONTRACTS
When the Orange County Sanitation District (Sanitation District) Board awards a
construction contract, a contingency is also approved which allows the General Manager
to approve contract change orders up to the amount of the contingency. One of the
purposes of this report is to document how that contingency is managed and how much
of the contingency is utilized.A project's change order rate can only be documented when
the work is complete. As such, the change order performance charts in this report are
based only on projects closed since the Board began approving contingencies in 2008.
Activity in Last Quarter
Carbon Canyon Clay Pipe Repairs, Contract Award March 31, 2017
Project No. FE16-08
Carbon Canyon Clay Pipe Repairs, Final Completion June 14, 2017
Project No. FE16-08
Final Effluent Sampler and Building Area Final Completion April 18, 2017
Upgrades, Project No. J-110
Gas Compressor Building Piping Contract Award May 24, 2017
Replacement at Plant 2, Project No. FE15-06
Page 1 of 5
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2017
Anticipated Activity in Next Quarter
Title 24 Access Compliance and Building Contract Award July 26, 2017
Rehabilitation Project, Project No. PI-115B
Trunk Line Odor Control Improvements, Final Completion July 31, 2017
Project No. P1-123
Gisler- Red Hill Trunk Improvements - Reach Final Completion September 28,
B, Project No. 7-37 2017
Digester Rehabilitation at Plant 1, Project No. Final Completion August 29, 2017
P1-100
Plant No. 2 Trickling Filter Chemical Odor Final Completion September 29,
Control, Project No. FE13-04 2017
East Lido Force Main Rehabilitation, Project Contract Award August 23, 2017
No. FE15-10
Collections Infrastructure Relocation at Plant Contract Award September 27,
2, Phase 1B, Project No. FE16-13 2017
Buried Water Valve Support Upgrades at Contract Award August 23, 2017
Plant 2, Project No. FE16-05
Garfield Road Perimeter Security Fence, Contract Award October 25, 2017
Project No. FE16-12
Newhope-Placentia Trunk Replacement, Final Completion September 19,
Package A, Contract No. 2-72A 2017
Page 2 of 5
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2017
PART 2 — DESIGN CONSULTANT AGREEMENTS
The Sanitation District engages design consultants through Professional Design Services
Agreements (PDSAs), Professional Consultant Services Agreements (PCSAs), and
Master Professional Services Agreements (Master Agreements). PDSAs are used to
obtain design engineering services, and PCSAs are a subsequent agreement with the
design consultant to provide support services during construction.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, the Sanitation District solicits task order proposals from three
or four of the firms, and awards a task order to the most qualified consultant. There are
currently four sets of Master Agreements, including three design sets from 2009, 2012,
and 2015, and a CEQA set approved in July 2017. The two older design sets have
expired, meaning no new task orders can be issued under them, but previously-issued
task orders remain active until completed. The current Master Agreements for design
and CEQA have $200,000 task order limits per Sanitation District Ordinance No. OCSD-
47. No task orders have yet been issued for the CEQA set.
Activity in Last Quarter
Digester Gas Facilities Rehabilitation, RFP May 17, 2017
Project No. J-124 Advertisement
AS1 RAS Header Piping Replacement at PDSA Award May 24, 2017
Plant 1, Project No. P1-129
Project Management Information System, PDSA Award May 24, 2017
Project No. J-128
Interplant Effluent Pipeline Rehabilitation, PCSA Award May 24, 2017
Contract No. J-117A
Headworks Modifications at Plant 2 for PDSA Award May 24, 2017
GWRS Final Expansion, Project No. P2-122
Bay Bridge Pump Station Replacement, RFP June 1, 2017
Project No. 5-67 Advertisement
Page 3 of 5
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2017
Anticipated Activity in Next Quarter
Return Activated Sludge Piping RFP August 29, 2017
Replacement at Plant 2, Project No. P2-123 Advertisement
Uninterruptable Power Supply Improvements RFP 29-Aug-17
at Plant 1, Project No. P1-132 Advertisement
PART 3 — MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2016-17 and 2017-18 includes master
program budgets that allow staff to more quickly initiate, execute, and manage smaller
projects that fit within the scope of a particular program. The projects chartered under
these program budgets are referred to as sub-projects, and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Table 3.1
Research Program Table 3.2
Facilities Engineering Program — Collections Table 3.3
Facilities Engineering Program — Plant Table 3.4
Information Technology Capital Program Table 3.5
PART 4—STAFF AUGMENTATION CONTRACT
In May 2016, the Sanitation District Board of Directors approved a $41 million
professional services agreement with Jacobs Project Management Co. to provide
supplemental engineering and support staff services for a four-year term with the option
of three one-year renewals. The benefits of using staff augmentation, as opposed to
hiring full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and
as-needed basis, the ability to reduce staff as workloads decrease, access to technical
experts to support special tasks, and access to staff with wastewater project experience.
Page 4 of 5
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2017
CHARTS AND TABLES
Chart 1.1 — Program Overview
Chart 1.2 — Change Order Rates Over Time—All Closed Projects
Chart 1.3—Change Order Rates Over Time—Collections Projects
Chart 1.4 — Change Order Rates Over Time — Plant Projects
Table 1.1 — Summary of Closed Projects by Category
Table 1.2— Construction Contract Performance—Active Projects
Table 1.3—Active Construction Contracts by Contractor
Table 2.1 —Active Design Consultant Contracts by Consultant
Table 2.2—Activity Report for 2012 Master Professional Design Services Agreements
Table 2.3—Activity Report for 2015 Master Professional Design Services Agreements
Table 3.1 — Planning Studies Status Report
Table 3.2— Research Program Status Report
Table 3.3— Facilities Engineering Program — Collections Status Report
Table 3.4— Facilities Engineering Program — Plant Status Report
Table 3.5— Information Technology Capital Program Status Report
Table 4.1 — Staff Augmentation Contract Status
Table 4.2—Staff Augmentation Labor Summary
Page 5 of 5
Chart 1.1
Program Overview
CUMULATIVE DATA THROUGH QUARTER ENDING JUNE 30,201743 QTR FY16/17j
PA
Loh
•Collections .collections
• Plant Protects .Plant Projects
lop
CLOSED PROJECTS DISTRIBUTION BY CATEGORY* ACTIVE PROJECTS DISTRIBUTION BY CATEGORY
Total Base Contract Value $ 1,162,991,301 Total Base Contract Value $ 285,618,877
Collections $ 270,333,686 23.0% Collections $ 45,610,577 16.0%
Plant Projects $ 892,657,615 77.0% Plant Projects $ 240,008,300 84.0%
Total Base#of Contracts 63 Total Base#of Contracts 30
Collections 27 Collections 4
Plant Projects 36 Plant Projects 6
`Projects closed since 2 OVER FY07/08
Chart 1.2
Change Order Rates Over Time
All Closed Projects
7.00%
8.08%
6.00%
5.65%
4.97%
5.00% 4.66% 4.75% 4.75% 484% 4.85%
4.99%
4.62% 4.67% 4.59%
3.84%
4.00% % 3.78% �8
3.51% 3.52%
3.37%
3.00%
2.00%
1.00%
0.00%
OBOryOBO�0A�090Y0°Ory °p� �Q 100h1CQti'y00�'y" 'y'YO�h�Otih'rO�h1�'Y'1Oh'y'1Oti'y'1O�'y'1�'y''O�'y''Oryh'��h^'�1bOh'YPOry'yPO�'y0z' 'y�'O�'y�'Ory'yhO�h�3' h(�h'Y�ry'yb0�'y" '1�Oy'1�Oti'1�O�h1�
0 0 0 0 0 D° fA 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 6 0 0 0 0 0
Chart 1.3
Change Order Rates Over Time
Closed Collections Projects
14.00%
12.35%
12.00%
L6.77%
10.00% —
8.00%
7.14% 6.97% ].14% ].10%
6.19%
8% 5.88% 5.81%
6.00%
4.00%
2.00%
0.00%
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Chart 1.4
Change Order Rates Over Time
Closed Plant Projects
7.00%
6.00% 5,73%
5.00%
4.31% 4 28% 4.36%
4.19% 4.18% 4.11% 4.20%
3.89%
4,00%
3.10%
3.00% 2.88% 2.90% 2.90%
2.70% 2.59%
2.00%
1.00%
0.00%
Oy0'1'O60''O�OC'�O�'�O'1' .O�' _�PhOO'1hO0'1' OO''y,3`y.YO'11.Y0'1' ,YOB' ,YOC' ,YO'1,YO'1',YO''h,YOPhyO'11,,0'1'y,,0''S,OC'vb0'�'v�0'1'v�0�'v�P h0'1 h0'1'hh0'' hOAybO'ryb0'1' 60�' bOP ^O'1^O'1'^O^'^OP
b O b b b b b b b b b 0 6 6 6 6 6 6 6 6 0 0 b 6 6 6 6 6 6 6 0 0 0 6 6 6 6 6 6
Table 1.1
Summary of Closed Projects by Category
Project Category Original Contract Approved Cha-� Change Order Category
Value Orders Contract Value Percentage Change Order Goal
COLLECTIONS $270,333,686 $25,765,337 $296,099,023 9.53% 6.50%
PLANT PROJECTS $892 657 615 $27 644 517 $920 302 132 3.10% 2.75%
Total $1,162,991,301 $ 53,409,854 $1,216,401,155 4.59% 5.00%
Table 1.2
Construction Contract Performance - Active Projects
Construction Original Contract Approved Change Current Contract
Project No %Complete Amount Orders Amount
Collections
2-72A 66.00% $ 21,134,650 $ (32,294) $ 21,102,356
6-17 3.00% $ 3,699,301 $ - $ 3,699,301
7-37 40.00% $ 15,432,000 $ 849,889 $ 16,281,889
Plant Projects
J-110 99.00% $ 9,716,000 $ 392,126 $ 10,108,126
P1-100 99.00% $ 33,500,000 $ 9,453,421 $ 42,953,421
P3-101 95.00% $ 126,908,300 $ 1,460,607 $ 128,368,907
P1-123 99.00% $ 5,344,626 $ 233,712 $ 5,578,338
P2-92 37.00% $ 49,850,000 $ 473,160 $ 50,323,160
P2-92A 0.00% $ 3,304,000 $ - $ 3,304,000
P2-110 0.00% $ 16,730,000 $ - $ 16,730,000
Table 1.3
Active Construction Contracts by Contractor
Contractor/Project Number Project Name Current Contract
Value
Charles King Company, Inc.
6-17 District 6 Trunk Sewer Relief $ 3,699,301
Environmental Const. Inc.
P1-123 Trunk Line Odor Control Improvements $ 5,344,626
Flatiron West Inc
P2-110 Consolidated Demolition and Utility Improvements at Plant 2 $ 16,730,000
Fleming Engineering
FE12-02 P1 Hazardous Waste Storage Relocation $ 398,111
J.R.Filanc Construction Company, Inc.
P3-100 Digester Rehabilitation at Plant 1 $ 33,500,000
Jamison Engineering
FE12-05 15th St, RPPS and EPPS Fall Protection Improvements $ 164,253
FE14-04 Primary Influent Channels Repair at Plant 1 $ 514,072
Kiewit
7.37 Gisler-Red Hill Trunk Improvements-ReachB $ 15,432,000
P2-92 (blank) $ 3,304,000
P2-92A Truck Loading Bay Odor Control at Plant 2 $ 3,304,000
FE13-04 Plant No. 2 Trickling Filter Chemical Odor Control $ 2,514,000
OConnell Engineering&Construction,Inc.
FE10-20 2011 Miscellaneous Fall Protection Improvements $ 524,200
ODC Engineering and Technology
FE09-04 PS Potable Water System-In and Near City Water Pump Station $ 168,500
FE12-10 IT Server Room Cooling Improvements $ 281,000
SANCON Engineering
FE16-08 Carbon Canyon Clay Pipe Repairs $ 303,563
Shimmick Construction
J-110 Final Effluent Sampler and Building Area Upgrades $ 9,716,000
P2-92 (blank) $ 49,850,000
Thames,Inc.
Table 1.3
Active Construction Contracts by Contractor
Contractor/Project Number Project Name Current Contract
Value
FE24-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E, H, R,S, and T $ 594,000
Trautwein Construction
2.72 Newhope-Placentia Trunk Replacement $ 21,134,650
WM Lyles Company
P3-101 Sludge Dewatering and Odor Control at Plant 1 $ 126,908,300
Table 2.1
Active Design Consultant Contracts by Consultant
Project: Agreement Original Number of Amendments
Number Project Name Type Value Amendments TO Date
AECOM Technical Services,Inc. $ 20,400,587 1 $ 113,728
3-64 Rehabilitation of Western Regional Sewers PDSA $ 17,639,250 1 $ 113,728
PI-100 Digester Rehabilitation at Plant l PCSA $ 2,761,337 0 $ -
Arcadis $ 1,540,000 1 $ 1,500,000
J-126 Safety Improvements Program PDSA $ 1,540,000 1 $ 1,500,000
Atkins North America,Inc. $ 611,307 2 $ 61,019
J-110 Final Effluent Sampler and Building Area Upgrades PCSA $ 611,307 2 $ 61,019
Black&Veatch $ 21,106,979 3 $ 247,992
P2-98 Primary Treatment Rehabilitation at Plant 2 PDSA $ 18,141,423 1 $ 87,599
PS15-01 Biosolids Master Plan PSA $ 2,965,556 2 $ 160,393
Brown and Caldwell $ 22,309,428 20 $ 5,639,284
5-60 Newport Force Main Rehabilitation PCSA $ 2,231,925 4 $ 839,714
J-117 Ocean Ouffall System Rehabilitation PDSA $ 6,778,015 8 $ 2,755,022
P2-107 SCADA System and Network Upgrades PDSA $ 2,818,197 1 $ 203,863
P2.92 (blank) PDSA $ 5,682,963 7 $ 1,840,685
PCSA $ 4,798,328 0 $ -
Carollo Engineers $ 21,190,979 2 $ 33,854
P3-105 Headworks Rehabilitation and Expansion at Plant l PDSA $ 17,528,957 0 $ -
PI-123 Trunk Line Odor Control Improvements PCSA $ 529,970 0 $ -
P51S-10 2017 Facilities Master Plan PSA $ 3,132,052 2 $ 33,854
CH2M HIII $ 790,285 2 $ 40,983
SP-166 Odor Control Master Plan PSA $ 790,285 2 $ 40,983
HDR Engineering,Inc. $ 18,996,209 2 $ 632,845
FEIO-38 Activated Sludge Plant I Waste Sludge Pump Downsizing PSA $ 70,500 0 $ -
PI-101 Sludge Dewatering and Odor Control at Plant 1 PCSA $ 7,140,000 1 $ 535,605
P1-129 Headquarters Complex,Site and Security,and Entrance Realignment Program PDSA $ 11,785,709 1 $ 97,240
Lee&Ro $ 11,722,179 1 $ 151,096
2-72 Newhope-Placentia Trunk Replacement PDSA $ 8,468,232 1 $ 151,096
PCSA $ 3,253,946 0 $ -
LSA ASSOCIATES INC $ 420,927 0 $
PI-128 Headquarters Complex,Site and Security,and Entrance Realignment Program PSA $ 420,927 0 $ -
MICHAELBAKERINTERNATIONAL,INC. $ 571,925 1 $
2-41-8 SARI Rock Stabilizers Removal PDSA $ 399,008 0 $ -
PSA $ 172,917 1 $ -
MWHAMERICAS,INC. $ 11,560,289 5 $ 372,261
3.62 Seal Beach Pump Station Rehabilitation PDSA $ 6,917,175 2 $ 195,435
P2-110 Consolidated Demolition and Utility Improvements at Plant 2 PDSA $ 2,443,316 2 $ 80,965
Table 2.1
Active Design Consultant Contracts by Consultant
Project Agreement Original Number of Amendments
Number Project Name Type Value Amendments To Date
P2-89 Solids Thickening and Processing Upgrades PCSA $ 2,199,798 1 $ 95,861
RBF CONSULTING,INC. $ 475,308 3 $ 37,466
SP-178 Bay Bridge Pumpstation and Force Mains Rehabilitation Study PSA $ 475,308 3 $ 37,466
RMC Water&Environment $ 3,092,675 0 $
6.17 District 6 Trunk Sewer Relief PCSA $ 290,000 0 $ -
PS15-08 Collections Capacity Evaluation Study PSA $ 2,802,675 0 $ -
StantecConsultingServices,lnc. $ 1,499,939 0 $
P2.110 Consolidated Demolition and Utility Improvements at Plant 2 PCSA $ 1,499,839 0 $ -
Tetra Tech,Inc. $ 270,000 1 $ 10,000
7-37 Gisler-Red Hill Trunk Improvements-Reach 8 PCSA $ 270,000 1 $ 10,000
THE AUSTIN COMPANY $ 2,806,622 6 $ 549,321
PS-115 Title 24 Access Compliance and Building Rehabilitation Project PDSA $ 2,200,000 6 $ 549,321
PCSA $ 606,622 0 $ -
Table 2.2
Activity Report for 2012 Master Professional Design Services Agreement
Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12.13 FY13.14 FY14-15
FE13-02, Repairs to ear Screen at D Headworks at $ 27 980.00
12-00-01-01 Closed P2
FE13-02 Amendment No.1 $ 9,200.00
FE33-02 Amendment No.2 $ 6,770.00
FR32-035,Edinger Pump Station Record Drawing $ 42,511.00
LEE&RO, INC 12-00-01-02 Closed Preparation
PO#104615-OB FR12-035 Amendment No. 1 $ 10,455.00
Contract No. FE12-00-01 12-00-01-03 Closed FE13-01, (5-60)Newport Force Main Rehabilitation $ 74,600.00
FE13-01 5-60 Amendment No. 1 j $ 24,943.00
FR13-020,Plant No.2 Gas Compressor Building
Piping Replacement $ 68,917.00
12-00-01-04 Open FR13-020 Amendment No. 1 $ 30 568.00
FR13-020 Amendment No.2 $ 25,896.00
CUMULATIVE $ 43950.00 $ 152509.00 $ 125381.00
12-00-02-01 Closed FE12-06,84-inch P2 PI Line for Dist. Box B Rehab. $ 64 095.00
and Flow Meter Structure Aban.CLOSED
DUDEK&ASSOCIATES,INC. FE09-04, P1 Potable Water System Improvements $ 50,472.00
PO#104616-OB 12-00-02-02 Closed
Contract No. FE12-00-02 FE09-04 Amendment No.1 $ 13,320.00
12-00-02-03 Closed FE14-04, Primary Influent Channels Repair at Plant 1 $71,841.00
CUMULATIVE $ 64,095.00 $ 63,792.00 $ 71,841.00
FR12-003,Warner Avenue Manholes Structural $ 42081.00
RMC WATER AND ENVIRONMENT 12-00-03-01 Closed Repair Project
PO#104611-OB FR12-003 Amendment No. 1 $ 24,739.00
Contract No. FE12-00-03 12-00-03-02 Closed FR33-012,Santa Ana River Interceptor $ 56,404.00
CUMULATIVE $ 66,820.00 $ 56,404.00 $
Table 2.2
Activity Report for 2012 Master Professional Design Services Agreement
Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12.13 FYI 3.14 FY14-15
TRAIN CONSULTING ENGINEERS 12-00-04-01 Closed FR12-012,Slater Ave VFD Replacement $ 39,963.00
PO#104617-OB
Contract No. FE12-00-04 FR12-012 Amendment No. 1 $ 26,968.00
CUMULATIVE $ 66931.00 $ $
FE10-19, Landscaping and Miscellaneous $ 74,957.00
REF CONSULTING 12-00-05-01 Closed Improvements Along Ellis Avenue
PO#104626-OB FE10-19 Amendment No.1 $ 12,295,00
Contract No. FE12-00-05 I FE10-19 Amendment No.2 $ 5,876.00
CUMULATIVE $ 93,128.00 $ $
12-00-06-01 Closed FR32-030,P2 Solids Loading Station Truck Loading $ 15,935.00
Auger Access
IDS GROUP FE12-05, 15th St, Rocky Point and Bitter Point Pump $ 40,575.00
PO#104614-OB 12-00-06-02 Closed Station Fall Protection Improvements
Contract No. FE12-00-06 FE12-05 Amendment No.1 $ 2,330.00
12-00-06-03 Open FE12-10, IT Server Room Cooling Improvements $ 43,470.00
12-00-06-04 Closed FE14-01, Plant 1 Primary Sludge Handling $6,200.00
Modifications
CUMULATIVE $ 58,840.00 $ 43,470.00 $ 6,200.00
PSOMAS 12-00-07-03 Closed FE32-02, P3 Hazardous Waste Storage Relocation $ 51,400.00
PO#104610-OB
Contract No. FE12-00-07
CUMULATIVE $ 51,400.00 $ $
Table 2.2
Activity Report for 2012 Master Professional Design Services Agreement
Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12.13 FY13.14 FY14-15
FE10-21,Area 02 Craig Regional Park Manhole $ 58,440.00
12-00-08-01 Open Improvements
FE10-21 Amendment No. 1 $ 18,780.00
FE10-21 Amendment No.2 $ 22,780.00
GHD 12-00-08-02 Closed FE12-07, Upgrade PLC Panels at P1 and P2- $ 69,840.00
PO#104612.OB FE13-04, Plant 2 Trickling Filter Odor Control System $ 74,910.00
Contract No. FE12-00-08 Upgrade
12-00-08-03 Open FE13-04 Amendment No. 1 $ 9,635.00
FE13-04 Amendment No.2 $ 14,455.00
FE13-04 Amendment No. 3 $ 24,235.00
FE13-04 Amendment No.4 $ 11,095.00
CUMULATIVE $ 169840.00 $ $ 134330.00
RMS ENGINEERING&DESIGN, INC. 12-00-09-01 Closed FE32-08, P2 TF/SC Blower Insultation Modifications $ 57,351.00
PO#104625-OB
Contract No. FE12-00-09 FE12-08 Amendment No. 1 $ 27,390.00
CUMULATIVE $ $ 84741.00 $
HARRIS AND ASSOCIATES
PO#104613-OB
Contract No. FE12-00-10 CUMULATIVE $ $ $
TOTAL $ 615,004.00 $ 400,916.00 $ 337,752.00
Table 2.3
Activity Report for 2015 Master Professional Design Services Agreemenl
Firm Task Order Status Project Title/Description FY15-16 FYI 6-17 FY17-18
FE14-05, Plant No. 1 Fleet Services UST Leak $86,116.00
FE15-00-01-01 Open Remediation
DUDEK PURCHASE ORDER NO. 105435OB FE14-05 Amendment No. 1 $53 137.00
CONTRACT NO. FE15-00-01 FE15-00-01-02 Open FE15-09, CenGen Hot Water Pipe Bracing at P1 $146,516.00
FISCAL YEAR TOTAL $139,253.00 $146,516.00 $0.00
LEE&RO, INC.
PURCHASE ORDER NO. 105436OB
CONTRACT NO. FE15-00-02
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
GHD, INC.
PURCHASE ORDER NO. 105469OB
CONTRACT NO. FE15-00-03
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
AECOM
PURCHASE ORDER NO. 105440OB
CONTRACT NO. FE15-00-04
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
HAZEN AND SAWYER
PURCHASE ORDER NO. 105451OB
CONTRACT NO. FE15-00-05
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
RMC WATER AND ENVIRONMENT
PURCHASE ORDER NO. 105441OB
CONTRACT NO. FE15-00-06
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
Table 2.3
Activity Report for 2015 Master Professional Design Services Agreemenl
Firm Task Order Status Project Title/Description FY15-16 FY16.17 FY17-18
PROJECTLINE TECHNICAL FE15-00-07-01 Closed FE15-02,Plant No.2 Control Center Server Room $83,624.00
SERVICES, INC. HVAC Upgrade
PURCHASE ORDER NO. 1054520B
CONTRACT NO. FE15-00-07
FISCAL YEAR TOTAL $83,624.00 $0.00 $0.00
TAIT&ASSOCIATES, INC.
PURCHASE ORDER NO. 1054490B
CONTRACT NO. FE15-00-08
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
BEYAZ&PATEL,INC.
PURCHASE ORDER NO. 1054450B
CONTRACT NO. FE15-00-09
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
IDS GROUP, INC.
PURCHASE ORDER NO. 1054370B
CONTRACT NO. FE75-00-10
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
KLEINFELDER,INC.
PURCHASE ORDER NO. 1054330B
CONTRACT NO. FE75-00-11
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
RMS ENGINEERING&DESIGN, INC.
PURCHASE ORDER NO. 1054390B
CONTRACT NO. FE75-00-12
FISCAL YEAR TOTAL $0.00 $0.00 $0.00
TOTAL $222,877.00 $146,516.00 $0.00
Table 3.1
Planning Studies Status Report
Project Number Project Name Status Allocated Budget
PS15-01 P515.01 Blosolids Master Plan Project Develop. $ 4,650,000
PS15-02 PS15-02 Edinger Pump Station Rehabilitation Study Project Develop. $ 637,000
PSIS-03 PS35-03 Slater Pump Station Rehabilitation Study Project Develop. $ 348,400
PS15-04 PS15-04 Network Architecture Master Plan Cancelled $ 7,511
PS15-0S PS35-05 SARI Sewershed Capacity Study Closed $ 3,043
PS15-06 PS35-06 Seismic Hazard Evaluation at Plant Nos.1 and 2 Project Develop. $ 3,860,000
PSIS-07 PS35-07 Pressurization and Odor Control Study at Newport Beach Project Develop. $ 535,200
PS15-08 P515-08 Collections Capacity Evaluation Study Project Develop. $ 4,529,678
PS15-09 PS15.09 Wastehauler and Fueling Stations Relocation Study Project Develop. $ 164,577
PSIS-10 PS15-10 2017 Facilities Master Plan Project Develop. $ 4,150,000
PSIS-11 PS35-11 Office Trailer Relocation Evaluation Closed $ 35,781
PS16-01 PS16-015tormwater Master Plan Project Develop. $ 1,415,700
PS16-02 PS36-02 SCE Feed Reliability Improvements Study Project Develop. $ 293,000
PS16-03 PS36-03 Banning Gate Study Not Authorized $ -
P$16-04 PS36-04 Rectangular Primary Clarifier Reliability Study at Plant No. 1 Project Develop. $ 420,000
PS16-05 PS16-05 Guidelines for Development in the Area of OCSD Facilities Not Authorized $ -
Grand Total $ 21,049,890
Total Chartered Project 16
Board Approved Program Budget $ 23,652,000
Remaining Unallocated Budget $ 2,602,110
Table 3.2
Research Program Status Report
Proj Project Name Status Allocated Budget
RE16-01 RE16.01 Operational Research Technical Support FY16.17 Project Develop. $ 100,000
RE37-01 RE37-01 Operational Research Technical Support FY17-18 Not Authorized $ -
RE17-02 RE37-02 Biogas Scrubber Evaluation Not Authorized $ -
RE17-03 RE37-03 Wet Well Wizard Test at Crystal Cove Pumpstation Not Authorized $ -
Grand Total i $ 100,000
Total Chartered Project 4
Board Approved Program Budget $ 8,500,000
Remaining Unallocated Budget $ 8,400,000
Table 3.3
Facilities Engineering Program - Collections Status Report
BUCKET TYPE M-FE-COLLECT
Project Number Project Name Status Allocated Budget
FE30-21 FE10-21 Area 02 Craig Regional Park Manhole Improvements Design $ 1,359,000
FEIS-01 FE15-01 Fullerton Creek Channel Crossing Design $ 260,000
FEIS-03 FEIS-03 Safety Improvements at all Pump Stations Cancelled $ 13,580
FE35-10 FE35-10 East Lida Force Main Rehabilitation Project Develop. $ 2,628,000
FE35-13 FE35-13 Doig Drive Building Improvements Closed $ 54,683
FEI6-01 FE36-01 Big Canyon Nature Park Improvements Project Develop. $ 533,000
FEI6.02 FE16-02 Jamboree Sewer Realignment at Big Canyon Project Develop. $ 896,000
FEI6-04 FE36-04 Rehabilitation of the Bushard Diversion Box Not Authorized $ -
FE36-08 FE36-08 Carbon Canyon Clay Pipe Repairs Construction $ 1,131,000
FE36-11 FE16-11 Lane Channel Crossing Project Develop. $ 1,251,000
FE36-13 FE16-13 Collections Infrastructure Relocation at Plant 2,Phase 1B Project Develop. $ 216,000
FEI6-24 FE16-14 Slater Pump Station Valve Replacements Project Develop. $ 906,000
Grand Total $ 9,248,263
Total Chartered Project 11
Board Approved Program Budget $ 12,192,000
Remaining Unallocated Budget $ 2,943,737
Table 3.4
Facilities Engineering Program - Plant Status Report
BUCKET TYPE M-FE-PLANT
Project Number Project Name Status Allocated Budget
FEIO-20 FEI0-20 2011 Miscellaneous Fall Protection Improvements Warranty $ 1,020,000
FE32-08 FE12-08 TF/SC Modifications to Blower Building and Air Piping Closed $ 295,853
FE32-10 FE12-10 IT Server Room Cooling Improvements Warranty $ 960,000
FE13-04 FE13-04 Plant No.2 Trickling Filter Chemical Odor Control Construction $ 4,290,000
FE14-01 FE14-01 Plant 1 Primary Sludge Handling Modifications Closed $ 289,710
FE14-02 FE14-02 Plant 1 Primary West Side Sludge Pumping Modifications Closed $ 10,109
FE14.03 FE14-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E,H,R,S,a Construction $ 1,360,000
FE24-04 FE14-04 Primary Influent Channels Repair at Plant 1 Warranty $ 1,089,000
FE14-05 FE14-05 Plant No. 1 Fleet Services UST Leak Remediation Design $ 7,032,000
FE14-06 FE14-06 Plant No.2 Repairs to Air Dampers at COBS Warranty $ 245,000
FEIS-02 FE15-02 Plant No.2 Control Center Server Room HVAC Upgrade Design $ 773,000
FE35-04 FE35-04 Plant No. 1 Primary Clarifier Backwash System Demo Closed $ 67,307
FE35-05 FE35-05 Main Exit Gate Card Reader at Plant 2 Closed $ -
FEIS-06 FE35-06 Gas Compressor Building Piping Replacement at Plant 2 Design $ 3,924,000
FE15.07 FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Design $ 3,315,000
FE25-08 FEIS-08 ASS RAS Header Piping Replacement at Plant 1 Closed $ 70,655
FE15-09 FEIS-09 CenGen Hot Water Pipe Bracing at Plant 1 Design $ 425,000
FE16-03 FE16-03 Return Activated Sludge Piping Replacement at Plant 2 Cancelled $ -
FEI6-05 FE36-05 Buried Water Valve Support Upgrades at Plant 2 Project Develop. $ 500,000
FEI6-06 FE36-06 Fuel Cell Facilities Demolition Project Develop. $ 166,000
FE36-07 FE36-07 Security Monitoring and Source Control Trailers at Plant 1 Cancelled $ -
FEI6-09 FE16-09 Server Room Power Reliability Upgrades Plant 1 Cancelled $ -
FEI6.10 FE16-10 East Basin Distribution Box Repair Design $ 854,000
FEI6-12 FE16-12 Garfield Road Perimeter Security Fence Project Develop. $ 121,000
Grand Total $ 26,807,634
Total Chartered Project 24
Board Approved Program Budget $ 43,325,000
Remaining Unallocated Budget $ 16,517,366
Table 3.5
Information Technology Capital Program Status Report
Project Number Project Name Status Allocated Budget
IT16.01 ITI6-01 Enterprise Storage Arrays Active $ 300,000
ITI6-02 ITI6-02 Conference Room Monitors Active $ 43,000
IT16-03 IT16-03 Plant 2Internet Connection Active $ 50,000
IT16-04 ITI6-04 Replace back-up web Proxy(TMG) Active $ 70,000
ITI6-05 ITI6-05 Plant 2 Radio Repeater Upgrade Active $ 35,000
ITI6-06 ITI6-06 Network Equipment 2016-17 Active $ 101,900
ITI6-07 ITI6-07 Server Replacement and Obsolescence Active $ 309,600
IT16-08 ITI6-08 IT Security 2016-17 Active $ 162,000
IT16.09 ITI6-09 iPACS Enhancements Active $ 85,000
IT16-10 IT16-10 LIMS Compliance Improv Project Active $ 490,000
Grand Total $ 1,646,500
Total Chartered Project 10
Board Approved Program Budget $ 10,000,000
Remaining Unallocated Budget $ 8,353,500
Table 4.1 Staff Augmentation Contract Status
Total Fees Time
Contract $41,000,000 86 months Iti
Actuals to Date $5,848,841 14% 14 months 16%
Remaining $35,151,159 86% 72 months 84%
Assuming three 1-year extensions
Table 4.2 Staff Augmentation Labor Summary
This Quarter Inception to Date
Labor Hours 8,896 41,352
Full Time Equivalents 19.8 19.7
Labor Costs(no expenses) $1,211,458 $5,737,770
Average Hourly Rate $136 $139
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
09/06,17 —
AGENDA REPORT em Number Item Number
3 —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: QUARTERLY ODOR COMPLAINT REPORT
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Fiscal Year 2016/17 Fourth Quarter Odor Complaint Summary.
BACKGROUND
During the fourth quarter of FY 2016/17 Plant No. 1, Plant No. 2 and the collections
system had no odor complaints attributable to the Orange County Sanitation District. A
brief summary of the odor complaints with a table tracking the history is included as an
attachment.
RELEVANT STANDARDS
• Zero odor incidents/events under normal operating conditions for Plants 1 and 2
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
• 12 or fewer odor complaints per year under normal operating conditions in the
collections system
ATTACHMENT
The following attachment is included in hard copy and may also be viewed on-line at the OCSD website
(wwwocsd.com) with the complete agenda package:
Fiscal Year 2016/17 Fourth Quarter Odor Complaint Summary
Page 1 of 1
Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2016/17 — 4t' Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received no attributable odor complaints during the 411 quarter.
2. Plant No. 2 Treatment Facility Odor Complaint Summary
Plant No. 2 received no attributable odor complaints during the 41' quarter.
3. Collection Facilities Odor Complaints—4b Quarter FY 2016/17
Collections system received no attributable odor complaints during the 0 quarter.
4. All Odor Complaints Tracking
4m 3w 2nd 1st
Apr. 2017 to Jun. 2017 Qtr Qtr Qtr Qtr Cumulative
FY FY FY FY FY 16/17
16/17 16117 16/17 16/17
All Public Collections P1 P2 Total Total Total Total Total
Complaints
Attributable 0 0 0 0 9 19 17 45
to OCSD
Not
Attributable 8 0 2 10 7 11 16 44
to OCSD
Total Public
Complaints 8 0 2 10 16 30 33 89
Received:
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
09/06,17 —
AGENDA REPORT IWrn Number Item Number
a —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: BURIED WATER VALVE SUPPORT UPGRADES AT PLANT NO. 2,
PROJECT NO. FE16-05
GENERAL MANAGER'S RECOMMENDATION
A. Award a Construction Contract to AMPCO Contracting, Inc. for Buried Water Valve
Support Upgrades at Plant No. 2, Project No. FE16-05, for a total amount not to
exceed $139,000; and
B. Approve a contingency of$27,800 (20%).
BACKGROUND
A numberof pipes carrying potable water, reclaimed water, plant water, and high pressure
air are buried in the northern portion of Plant No. 2. These pipes are critical for various
process and safety functions at the plant. The networks of pipes include isolation valves
for servicing the line and isolating pipes in case of a leak. The pipes and valves were
installed as part of the Trickling Filters at Plant No. 2, Project No. P2-90, approximately
10 years ago.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Maintain a proactive asset management program
PROBLEM
Isolation valves for lines were installed without a support cradle to transfer vertical loads
imposed through the valve operator from passing vehicles. As a result, there have been
a number of pipe leaks at the connection between the pipe and valve.
PROPOSED SOLUTION
Install concrete pipe supports under the valves and modify the valve operator covers so
that vertical loads are not transferred onto the valve. Due to the potential for unforeseen
conditions when excavating the pits relative to the construction contract amount, staff
requests a contingency of 20 percent in lieu of the 10 percent typically requested for other
projects.
Page 1 of 3
TIMING CONCERNS
Pipe leaks will continue to occur, with the potential of impacting treatment operations.
RAMIFICATIONS OF NOT TAKING ACTION
Pipe leaks will continue to occur.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Orange County Sanitation District (Sanitation District) advertised Project No.
FE16-05 for bids on June 8, 2017, and four sealed bids were received on July 24, 2017.
A summary of the bid opening follows:
Engineer's Estimate $ 170,000
Bidder Amount of Bid
AMPCO Contracting, Inc. $ 139,000
W.M. Lyles Co. $ 154,500
Charles King Company $ 156,500
Environmental Construction, Inc. $ 185,430
The bids were evaluated in accordance with the Sanitation District's policies and
procedures. A notice was sent to all bidders on August 3, 2017 informing them of the
intent of Sanitation District staff to recommend award of the Construction Contract to
AMPCO Contracting, Inc.
Staff recommends awarding a Construction Contract to the lowest responsive bidder,
AMPCO Contracting, Inc., for a total amount not to exceed $139,000.
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.
Page 2 of 3
Sanitation District staff will Tile and record a Notice of Exemption for this project with the
County of Orange following Board award of this construction contract.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Budget FY2016-17 & 2017-18, Section 8,
Page 10) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• Construction Contract
JM:dm:gc
Page 3 of 3
PART A
CONTRACT AGREEMENT
C-CA-011317
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS..................................................................1
SECTION -2 MATERIALS AND LABOR.................................................................4
SECTION -3 PROJECT..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION...................................................................................9
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION- 16 INSURANCE....................................................................................13
SECTION- 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................21
SECTION - 19 WARRANTY....................................................................................21
SECTION -20 ASSIGNMENT.................................................................................22
SECTION -21 RESOLUTION OF DISPUTES ........................................................22
SECTION -22 SAFETY& HEALTH ........................................................................22
SECTION -23 NOTICES.........................................................................................23
C-CA-011317
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
THIS AGREEMENT is made and entered into, to be effective, this September 6, 2017, by and
between AMPCO Contracting, Inc., hereinafter referred to as"CONTRACTOR" and the Orange
County Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION-1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions—Definitions.
CONFORMED C-CA-011317
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 1 of 24
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to opening of Bids—the last in time being the first in
precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report(GBR), if attached as a Contract Document
I. Plans and Specifications—in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
H. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR'S Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
C-CA-011317 CONFORMED
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 2 of 24
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
CONFORMED C-CA-011317
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 3 of 24
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION—2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR'S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION-3 PROJECT
The Project is described as:
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
C-CA-011317 CONFORMED
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 4 of 24
SECTION -4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION — 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within one hundred eighty (180)calendar days from the date
of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes five (5) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION—6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
CONFORMED C-CA-011317
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 5 of 24
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION—7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others—Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay" and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION—8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD's ENGINEER. The decision of the ENGINEER shall be final.
C-CA-011317 CONFORMED
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 6 of 24
SECTION-9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the
Work within the general scope of the Contract Document, including but not limited to changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes".
SECTION-10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages and Incentives."
SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of One Hundred Thirty-Nine Thousand Dollars
($139,000) as itemized on the Attached Exhibit"A".
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
CONFORMED C-CA-011317
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 7 of 24
not limited to Sections entitled "Mobilization Payment Requirements" and "Payment
Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four(4)week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract. Payment
applications shall also be accompanied with all documentation, records, and releases as
required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment
for Work—General". The Total amount of Progress Payments shall not exceed the actual
value of the Work completed as certified by OCSD's ENGINEER. The processing of
payments shall not be considered as an acceptance of any part of the Work.
B. As used in this Section, the following defined terms shall have the following meanings:
C-CA-011317 CONFORMED
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 8 of 24
1. "Net Progress Payment' means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment" means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. "Retention Amount"for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be determined
as provided in the General Conditions—"Retained Funds; Substitution of Securities."
SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions—"Retained Funds;
Substitution of Securities."
SECTION—13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A-
Schedule of Prices.
CONFORMED C-CA-011317
PROJECT NO. FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 9 of 24
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION—14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
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C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the
employment of apprentices are applicable to this Contract and the CONTRACTOR shall
comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)or more.
E. Workday:
In the performance of this Contract, not more than eight(8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et sec.)of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the Project.
F. Registration: Record of Wages: Inspection:
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CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(a).
SECTION-15 SURETYBONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD's General Counsel—one in the amount of one hundred percent(100%)of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%)of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION— 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion'. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)"and/or"OWNER Initiated
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Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD Premises/worksite without Possessing the required insurance coverage.
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties"), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Two Million
Dollars ($2,000,000)which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any additional
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extension or continuation of time to said warranty period that may be required
or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
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Either(1)a combined single limit of Two Million Dollars ($2,000,000) and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker's Compensation/EmDlover's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OCSD, its
or their officers, agents, or employees, and any other contractor or subcontractor
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performing Work or rendering services on behalf of OCSD in connection with the
planning, development and construction of the Project. In all its insurance coverages
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a)would otherwise have a duty
of indemnification, contractual or otherwise, (b)did not pay the insurance premium,
directly or indirectly, and (c)whether or not such individual or entity has an insurable
interest in the property damaged.
6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
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a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty(30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10)days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
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3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s)will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at
least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of workers compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20)days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
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F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured"on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
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4. Additional Reauired Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION-17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION-18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or"Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION—19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final
Completion' that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
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resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
corrected deficiency until the later of(1)the remainder of the original one-year warranty period;
or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION-20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION—21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION-22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
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SECTION-23 NOTICES
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in
writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
Bradley R. Hogin, Esquire
Woodruff, Spradlin &Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: AMPCO Contracting, Inc.
1540 South Lewis Street
Anaheim, CA 92805
Copy to: Matthew Mutton, Secretary
AMPCO Contracting, Inc.
1540 South Lewis Street
Anaheim, CA 92805
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: AMPCO Contracting, Inc.
1540 South Lewis Street
Anaheim, CA 92805
By
Printed Name
Its
CONTRACTOR's State License No. 851752 (Expiration Date—7/1/2018)
OCSD: Orange County Sanitation District
By
Gregory C. Sebourn, PLS
Chair, Board of Directors
By
Kelly A. Lore
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Manager
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION.............................................................................1
EXA-2 PROGRESS PAYMENTS..................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1
EXA-4 STOP PAYMENT NOTICE.................................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3
EXA-6 PAYMENT OF TAXES.......................................................................................3
EXA-7 FINAL PAYMENT...............................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT...5
ATTACHMENT 1 -CERTIFICATION FOR REQUEST FOR PAYMENT.........................7
ATTACHMENT 2-SCHEDULE OF PRICES...................................................................8
C-EXA-080414
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESSPAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement—Section 11 —"Contract Price and Method of
Payment;"
2. General Conditions—"Payment—General";
3. General Conditions—"Payment—Applications for Payment';
4. General Conditions—"Payment— Mobilization Payment Requirements;"
5. General Conditions—"Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions—"Contract Price Adjustments and Payments";
7. General Conditions—"Suspension of Payments";
8. General Conditions—"OCSD's Right to Withhold Certain Amounts and
Make Application Thereof"; and
9. General Conditions—"Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions—"Retained Funds; Substitution of Securities' Payment of
Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may
request and OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20)calendar days after receipt of the payment, the respective amount
of interest earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent
pursuant to this article shall be substantially similar to the form set forth in
§22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR'S
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%)of the amount claimed under any stop payment notice under
Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after
receipt of each progress payment as required by the California Business
and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article
progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7)days after
CONTRACTOR'S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code§7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all federal, state, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
CONFORMED C-EXA-080414
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 3 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, "Final Acceptance and Final Completion", and after
Resolution of the Board authorizing final payment and satisfaction of the
requirements as more particularly set forth in General Conditions—"Final
Payment", a final payment will be made as follows:
1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor(per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of
any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or filed in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR'S
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will
make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414 CONFORMED
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 4 of 8
acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final
Payment, OCSD, in exchange for an executed release, satisfactory in form
and substance to OCSD, will pay the entire sum found due on the approved
application for Final Payment, including the amount, if any, allowed on
settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138)within thirty (30)days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
CONFORMED C-EXA-080414
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 5 of 8
2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414 CONFORMED
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 6 of 8
ATTACHMENT 1 —CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Acts to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Acts to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Ad and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor's
performance.
Name
Title
Date
CONFORMED C-EXA-080414
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 7 of 8
ATTACHMENT 2—SCHEDULE OF PRICES
See next pages from the bid Submittal Forms (AMPCO Contracting, Inc.)
BF-14 Schedule of Prices, Pages 1-2
C-EXA-080414 CONFORMED
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 8 of 8
Bid Submitted By: AMPCO Contracting,Inc.
(Name of Flrm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work,whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, In summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid Price shall Include all costs to complete the Work,
including profit overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes state and/or federal and any other special taxes, patent dght5 or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE'TOTAL
AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-021115
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 1 of 2
Bid Submitted By: AMPCO Contracting, Inc.
(Neme of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
'No. Description NI"..mmern APprox DtY Extended Price
1. Mobilization:
Mobilization, initial progress payment for all fees, labor, materials and equipment Allowance 1 $10,000
required for mobilization, staging area, and surety bonds, and other acitivitles in
conformance with the Contract Documents, for a fixed amount of:
2. Furnish all labor, materials, and equipment necessary for sheeting, shoring,
scaffolding, and bracing for worker protection in trenches, excavations, overhead Lump Sum 1 $ 10,000.00
work, and confined spaces in accordance with the Contract Documents.
3. Furnish all labor, materials and equipment necessary for the completion of the
Contract Work, except for the Work specified for Bid Item 1, and Bid Item 2 in Lump Sum 1 $ 119,000.00
conformance with the Contract Documents, for a lump sum price of:
TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 139,000.00
BF-14 SCHEDULE OF PRICES C-BF-021115
PROJECT NO.FE16-05
BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
09/06,17 —
AGENDA REPORT IWm Number Item Number
s —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SCE FEED RELIABILITY IMPROVEMENTS STUDY,
PROJECT NO. PS16-02
GENERAL MANAGER'S RECOMMENDATION
A. Approve a cooperative Study Agreement between the Orange County Sanitation
District and Southern California Edison for a Method of Service Study for SCE
Feed Reliability Improvements Study, Project No. PS16-02, for an amount not to
exceed $150,000; and
B. Approve a contingency of$30,000 (20%).
BACKGROUND
Orange County Sanitation District's (Sanitation District) Plant No. 2 has a single power
feed from Southern California Edison (SCE). This feed, along with the Central Generation
Facility, supplies power to operate the plant. If the portion of SCE's power grid feeding
Plant No. 2 fails, Central Generation cannot supply enough power to sustain plant
operations for a significant time.
To address this vulnerability at Plant No. 1, a second power feed from a different portion
of the SCE grid was constructed. A Facilities Master Plan completed by the Sanitation
District in 2009 recommended a second power feed also be provided at Plant No. 2.
Providing a second power feed requires that SCE conduct a study to determine what
portion of their grid could provide the supply, how the feed would be physically routed to
the plant site, and the facilities to be constructed at the plant. Only SCE can conduct this
study since the grid is integral to their operations.
RELEVANT STANDARDS
• Biosolids Master Plan, Energy Master Plan
• 24/7/365 treatment plant reliability
PROBLEM
A second power supply source from a different portion of SCE's power grid is needed to
ensure reliable operation of Plant No. 2.
Page 1 of 2
PROPOSED SOLUTION
Approve an agreement with SCE to conduct a study on how to provide a second power
feed to Plant No. 2.
TIMING CONCERNS
Delaying the project will leave the Sanitation District without a second reliable power
source which could affect treatment plant reliability.
RAMIFICATIONS OF NOT TAKING ACTION
Not providing a second feed would leave the Sanitation District without a second reliable
power source which could affect treatment plant reliability.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
CEQA
The proposed SCE Feed Reliability Improvements Study for the Sanitation District will be
used as a planning tool for possible future action. For this reason, the proposed study is
exempt from CEQA pursuant to CEQA Guidelines Section 15262, Feasibility and
Planning Studies, stating "a project involving only feasibility or planning studies for
possible future actions which the agency, board or commission has not approved,
adopted or funded does not require the preparation of an EIR or negative declaration but
does require consideration of environmental factors." A Notice of Exemption was filed
with the County of Orange on April 7, 2017.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted under the Strategic & Master Planning Studies
Program (Budget FY2017-18 Update, Page A-9), and the budget is sufficient for the
recommended action.
ATTACHMENTS
The following attachment(s)are attached in hard copy and may also be viewed on-line at the OCSD websim
(mm w.ocsd.coml with the complete agenda package:
• Southern California Edison Study Agreement
RB:dm:gc
Page 2 d 2
EDISON
SOUTHERN CALIFORNIA EDISON COMPANY
STUDY AGREEMENT
Orange County Sanitation District (Customer) requested Southern California Edison Company
(SCE) to conduct a Method-Of-Service Study(Study)to increase the reliability of the incoming
electrical system by installing a second 66 kV line and a second 66/12 kV transformer to
Oreogen Substation. The study will also include the requirements needed for the Qualifying
Facilities(QF) conversion. The Study will be as follows:
1. Southern California Edison(SCE) will perform a Study for Customer to determine the
effective plan of service required to connect the Customer load to SCE's electrical system.
The Study will analyze the technical requirements and determine an estimate of costs for all
elements required for the plan of service. A detailed proposal will be prepared for
presentation to the Customer identifying the estimated cost of each element, including a list
of major equipment necessary. A preliminary one-line diagram and plot plan will be
included. Options for financing the project will also be addressed in the study.
2. SCE will use its best efforts to complete the Study and provide results to the Customer within
180 business days of receipt of all of the required information described in Section 3, and, the
estimated study deposit of$150,000.
3. Prior to starting the Study, Customer shall provide the following:
a) Signed Study Agreement and i 'Ell Non-Disclosure and Use Agreement;
b) Estimated Study deposit; and
c) Total load demand profile (It year projection).
Note:Any delay in providing the above information may result in additional time to complete
the Study.
4. SCE and Customer shall confer with one another as necessary to exchange information that
will minimize assumptions and provide for accurate analysis of the information available at
the time the Study is performed.
5. The Study will be for one substation site and for no more than one substation design variation
for the proposed location.
6. Customer shall reimburse SCE for all costs to perform the Study up to $150,000. Amounts in
excess of$150,000 are addressed in Section 7 of this Agreement.
7. If at any time SCE determines the Study is expected to cost more than $150,000, SCE shall
promptly notify Customer and provide an estimate of any additional costs. Upon receipt of
such notice, Customer shall: either(a)request that SCE terminate the Study, or(b)provide a
written request to SCE to continue the Study and advance any additional estimated cost to
SCE. SCE shall be under no obligation to incur costs in excess of$150,000 for the Study,
Page 1 of 2
unless, and until SCE notifies Customer of additional costs and Customer advances said costs
to SCE.
8. The estimated deposit to perform the Study is $150,000. Any unused portion of the deposit
will be refunded to Customer after all presentations of the Study to Customer are complete
and all interaction with Customer is mutually agreed to be completed.
9. Any changes in scope requested by Customer for the Study or work required beyond
expectations may extend the time and cost to perform the Study.
10. SCE shall maintain records and accounts of all costs incurred in performing the Study in
sufficient detail to allow verification of all costs, including but not limited to, labor and
associated labor burden costs, materials and supplies, outside services,and administrative and
general expenses. Customer shall have the right,upon reasonable notice, at a mutually
agreed-upon time and place, and at its own expense,to audit SCE's records as necessary and
as appropriate to verify costs incu redby SCE for performing the Study.
11. Customer may demand that SCE terminate the Study at any time. Immediately following
receipt of written notice of such termination from Customer,SCE shall terminate the Study
as instructed. In such case, SCE shall retain only the amount of the estimated Study deposit
required for costs actually incurred for the performance of the terminated Study. SCE will
promptly reimburse Customer any remaining, unused amount of estimated Study deposit.
This Agreement shall become effective upon the date accepted and agreed to by Customer.
Accepted and Agreed:
ORANGE COUNTY SANITATION DISTRICT
By:
P mt Name:
Tule:
Date:
SOUTHERN CALIF IA EDISON COMPANY
By:
Print Name: Jerome Andrew Brabb
Thle: Mana(gger Customer Interconnections&Method of Service
Date: 6 • 23' G(J��
Attachment(s):
A- Non-Disclosure and Use Agreement
B- Advance Payment Form (Estimated Study Cost/Deposit)
Page 2 of 2
NON-DISCLOSURE AND USE AGREEMENT
This Non-Disclosure and Use Agreement(Agreement)entered into between
Southern California Edison Company(SCE) and the Orange County Sanitation District
(OCSD) shall govern the use of certain Critical Energy Infrastructure Information(CEII)
provided by, or on behalf of, SCE to OCSD.
WHEREAS, OCSD has requested that SCE provide it certain information
that qualifies as CEII.
WHEREAS,the Federal Energy Regulatory Commission (FERC) has
issued Orders 630, 630-A, 649, 662, and 683 (Orders) setting forth restrictions on the
release of CEII as necessitated by the terrorist acts committed on September 11, 2001 and
the ongoing terrorist threat.
WHEREAS, under the authority of the Critical Infrastructure Information
Act of 2002 (CH Act), the United States Department of Homeland Security established on
February 18, 2004, the Protected Critical Infrastructure Information Program, which
offers safeguards for critical infrastructure information such as CEII submitted to the
Federal government.
WHEREAS, SCE is willing to provide such information to OCSD under
suitable contractual limits and protection concerning the disclosure and use of the CEII
consistent with the FERC's Orders,
NOW, THEREFORE, in consideration of the mutual covenants in this
Agreement, SCE and OCSD agree as follows:
L The purpose of this Agreement is to permit OCSD to receive from
SCE and use CEII, as defined in Paragraph 2(a), for the purpose of the Method of Service
Study.
2. Definitions.
a. The term"CEII"means Critical Energy Infrastructure
Information as defined by the FERC in 18 C.F.R. § 388.113(c)(1). CEII shall include:
(A) materials, including maps with locations of SCE facilities, equipment, etc., provided
by SCE in accordance with this Agreement and designated by SCE as CEII; (B) any
information contained in or obtained from such designated materials; (C) notes of CEII;
and (D) copies of CEII. SCE shall physically mark the CEII on each page as
"PROTECTED MATERIALS—Contains Critical Energy Infrastructure Information" or
with words of similar import as long as the tern"CEII" is included in that designation to
indicate that they are CEII.
b. The term "Notes of CEII" means memoranda, handwritten
notes, or any other forts of infonnation(including electronic form) which copies or
discloses materials described in Paragraph 2(a). Notes of CEII are subject to the same
restrictions as for CEII except as specifically provided in this Agreement.
C. The tern "Non-Disclosure Certificate" shall mean the
certificate annexed hereto by which those who have been granted access to CEII shall
certify their understanding that such access to CEII is provided pursuant to the terns and
restrictions of this Agreement, and that they have read the Agreement and agree to be
bound by it.
d. The term"Reviewing Representative" shall mean a person
who has signed a Non-Disclosure Certificate and who is: (1)an employee or other
representative of OCSD who needs access to the CEII to carry out the purpose set forth in
Paragraph I; or (2) a consultant or an employee of a consultant retained by OCSD who
needs access to the CEII for the purpose identified in Paragraph 1.
3. CEII shall be made available under the terns of this Agreement only
to OCSD and only through its Reviewing Representatives as provided in Paragraphs 7-9
and only for the purpose set forth in Paragraph I.
4. In the event that a court or other governmental authority of
competent jurisdiction issues an order, subpoena,or other lawful process requiring the
disclosure of the CEII, OCSD shall notify SCE immediately upon receipt thereof to
facilitate SCE's efforts to prevent such disclosure, or otherwise preserve the
confidentiality of the CEII. OCSD shall not be in violation of the Agreement if it
complies with an order of such court or governmental authority to disclose CEII, after
SCE has sought to maintain the confidentiality of such information as provided herein, or
has notified OCSD in writing that it will take no action to maintain such confidentiality.
5. If requested to do so in writing, OCSD shall, within fifteen days of
such request, return the CEII (excluding Notes of CEII) to SCE, or shall destroy the
materials, except that Notes of CEII may be retained, if they are maintained in accordance
with Paragraph 6, below. Within such time, OCSD, if requested to do so, shall also
submit to SCE an affidavit stating that, to the best of its knowledge, all CEII and all Notes
of CEII have been returned, have been destroyed, or will be maintained in accordance
with Paragraph 6. To the extent CEII is not returned or destroyed, it shall remain subject
to the Agreement.
6. All CEII shall be maintained by OCSD in a secure place. Access to
those materials shall be limited to those Reviewing Representatives specifically
authorized pursuant to Paragraphs 8 and 9.
7. CEII shall be treated as confidential by OCSD and by the Reviewing
Representative in accordance with the certificate executed pursuant to Paragraph 9. CEII
shall not be used except as necessary for the purpose set forth in Paragraph I, nor shall it
-2-
be disclosed in any manner to any person except a Reviewing Representative, who needs
to know the information in order to carry out that person's responsibilities. Reviewing
Representatives may make copies of CEII, but such copies become CEII. Reviewing
Representatives may make notes of CEII, which shall be treated as Notes of CEII if they
disclose the contents of CEII. OCSD and the Reviewing Representative shall keep a
record of all copies and Notes of CEII they make.
8. In the event that OCSD wishes to designate as a Reviewing
Representative a person not described in Paragraph 2(d) above, OCSD shall seek
agreement from SCE. That person shall be a Reviewing Representative pursuant to
Paragraph 2(d) above with respect to those materials if an agreement is reached.
9. A Reviewing Representative shall not be permitted to inspect,
participate in discussions regarding, or otherwise be permitted access to CEII pursuant to
this Agreement unless that Reviewing Representative has first executed a Non-Disclosure
Certificate provided that if an attorney qualified as a Reviewing Representative has
executed such a certificate, the paralegals, secretarial and clerical personnel under the
attorney's instruction, supervision or control need not do so. Attorneys qualified as
Reviewing Representatives are responsible for ensuring that persons under their
supervision or control comply with this order. A copy of each Non-Disclosure Certificate
shall be provided to counsel for SCE via email or other similar means befqre disclosure of
any CEII to that Reviewing Representative.
10. Any Reviewing Representative may disclose CEII to any other
Reviewing Representative as long as the disclosing Reviewing Representative and the
receiving Reviewing Representative both have executed a Non-Disclosure Certificate. In
the event that any Reviewing Representative to whom the CEII is disclosed ceases to
qualify as a Reviewing Representative, or is employed or retained for a position whose
occupant is not qualified to be a Reviewing Representative under Paragraph 2(d), access
to CEII by that person shall be terminated. Every person who has executed a Non-
Disclosure Certificate shall continue to be bound by the provisions of this Agreement and
the certification.
11. All copies of all documents reflecting CEII shall be marked
"PROTECTED MATERIALS—Contains Critical Energy Infrastructure Information."
Counsel for OCSD shall take all reasonable precautions necessary to assure that CEII is
not distributed to unauthorized persons.
12. OCSD and SCE agree that the CEII provided to OCSD pursuant to
this Agreement is exempt from production under the Califomia Public Records Act, Cal.
Gov't Code Sections 6250, el seg., under either the exemption provided in Section
6254(e) or 6255(a), or both, and OCSD agrees to withhold production of such materials
unless ordered to do so by a court of competent jurisdiction as provided in Paragraph 4.
-3-
13. None of the Participants waives the right to pursue any other legal or
equitable remedies that may be available in the event of actual or anticipated disclosure of
CEII. The parties agree that, in addition to whatever other remedies may be available to a
party under applicable law, a party shall be entitled to obtain injunctive relief with respect
to any actual or threatened violation of this Agreement by any other patty. To the extent
permitted by applicable law, each party agrees that it shall bear all costs and expenses,
including reasonable attorneys' fees, which may be incurred by the other party in
successfully enforcing the provisions of this Paragraph.
14. This Agreement is made in the State of California and shall be
governed by and interpreted in accordance with its laws unless those laws conflict with
Federal law, in which case the Federal law shall apply. The Agreement will be executed
in Orange County, California, and the Participants shall submit any disputes arising out of
or in connection with this Agreement to the exclusive jurisdiction of the Orange County
Superior Court or if required, the Central District Court of California, Southern Division.
15. This Agreement shall be binding upon the parties, and their
successors and assignees. No party shall assign this Agreement without the other party's
prior written consent.
16. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be invalid, unenforceable, or void, the remainder of the
Agreement shall remain in full force and effect.
17. This Agreement may be executed in two or more counterparts, all of
which shall be considered one and the same Agreement.
IN WITNESS WHEREOF the Parties execute this Agreement as of the
latest date set forth below.
SOUTHERN CALIFORNIA EDISON
COMPANY
Dated: (� • , 201? By: Jur
Title: Ma aver.Customer Interconnections&Method of Service
ORANGE COUNTY SANITATION
DISTRICT
Dated: 120 By:
Title:
-4-
NON-DISCLOSURE CERTIFICATE
I hereby certify my understanding that access to Critical Energy
Infrastructure Information (CEII) is provided to me for the purpose of the Method of
Service Study and pursuant to the terns and restrictions of the attached Non-Disclosure
and Use Agreement (Agreement) entered between SCE and the Orange County Sanitation
District, that I have been given a copy of and have read the Agreement, and that I agree to
be bound by it. I understand that the contents of the CEII,any notes or other memoranda,
or any other form of information that copies or discloses CEII shall not be disclosed to
anyone other than in accordance with that Agreement.
By:
Title:
Representing:
Date:
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
09/061 7 09/27/17
AGENDA REPORT emNumber Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126
GENERAL MANAGER'S RECOMMENDATION
A. Award a Construction Contract to Access Pacific, Inc.for the Safety Improvements
Program, Contract No. J-126E, for a total amount not to exceed $418,000, to
address identified roof safety and fall protection issues; and
B. Approve a contingency of$41,800 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) owns and operates facilities
that were designed and constructed from the 1950s to present. In July 2014, the Facility
Wide Safety Assessment, Project No. SP-145-1, reviewed safety issues at the Sanitation
District Plant Nos. 1 and 2 and pump stations. The study identified approximately 2,000
facility issues impacting worker safety and compliance with Cal/OSHA regulations
including electrical, fall protection, machine guarding, hazardous area classifications,
skylights, and walkway hazards. Each item was assigned a high, medium, or low priority
rating. Pending resolution of the safety items, the Sanitation District took interim
measures to minimize life-safety risks.
There was an approximately even distribution between issues that would be addressed
using Sanitation District resources, and those that would be addressed through the
Capital Improvement Program, depending on their nature and complexity. Items that
could not be assigned to existing projects have been assigned to the Safety
Improvements Program, Project No. J-126.
To resolve the deficiencies as quickly as possible, Safety Improvements Program, Project
No. J-126, is being executed through multiple construction packages that can be
completed in a shorter time than using a single construction contract. Development of
multiple construction packages also allows higher priority safety items to be completed
more quickly than lower priority items.
RELEVANT STANDARDS
Provide a safe and collegial workplace
Page 1 of 3
PROBLEM
Among the various J-126 deficiencies are 24 skylight and roof fall protection deficiencies
at Plant Nos. 1 and 2.
PROPOSED SOLUTION
Award Construction Contract No. J-126E.
TIMING CONCERNS
Delaying resolution of the safety items poses potential threats to staff, Contractor, and
visitor safety.
RAMIFICATIONS OF NOT TAKING ACTION
• Staff, Contractors, and visitors will continue to be exposed to potential safety hazards.
• Certain facilities will continue to not comply with code requirements.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District advertised Contract No. J-126E for bid on June 22, 2017, and three
sealed bids were received on August 8, 2017. A summary of the bid opening is as follows:
Engineer's Estimate $ 450,933
Bidder Amount of Bid
Access Pacific, Inc. $ 418,000
MMC, Inc. $ 523,000
AMTEK Construction $ 751,003
The bids were evaluated in accordance with the Sanitation District's policies and
procedures. A notice was sent to all bidders on August 24, 2017, informing them of the
intent of Sanitation District staff to recommend award of the Construction Contract to
Access Pacific, Inc.
Staff recommends awarding a construction contract to the lowest responsive bidder,
Access Pacific, Inc., for Safety Improvements Program, Contract No. J-126E, for a total
amount not to exceed $418,000.
CEQA
A CEQA Notice of Exemption for this project was filed on August 14, 2015.
Page 2 of 3
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (FY2017-18 Budget Update, Appendix, Page
A-8, Project No. J-126), and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Construction Contract
TG:dm:gc
Page 3 d 3
PART A
CONTRACT AGREEMENT
C-CA-011317
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS..................................................................1
SECTION -2 MATERIALS AND LABOR.................................................................4
SECTION -3 PROJECT..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION...................................................................................9
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION - 16 INSURANCE....................................................................................13
SECTION - 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................21
SECTION - 19 WARRANTY....................................................................................21
SECTION -20 ASSIGNMENT.................................................................................22
SECTION -21 RESOLUTION OF DISPUTES ........................................................22
SECTION -22 SAFETY& HEALTH ........................................................................22
SECTION -23 NOTICES.........................................................................................23
C-CA-011317
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
CONTRACT NO. J-126E
SAFETY IMPROVEMENTS PROGRAM
THIS AGREEMENT is made and entered into, to be effective, this September 27, 2017, by and
between Access Pacific, Inc., hereinafter referred to as "CONTRACTOR" and the Orange
County Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION-1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions—Definitions.
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to opening of Bids—the last in time being the first in
precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report(GBR), if attached as a Contract Document
I. Plans and Specifications—in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iIL General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR'S Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
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shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION—2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR's own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION-3 PROJECT
The Project is described as:
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SECTION-4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
CONTRACT NO. J-126E
SAFETY IMPROVEMENTS PROGRAM
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION—5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within fifteen (15) Days from the date set forth
in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within two hundred fifty (250) Days from the effective date of
the"Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes ten (10) Days determined by OCSD likely to be inclement
weather when CONTRACTOR will be unable to work.
SECTION—6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
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the various portions of the Work shall be installed or the priority of the Work of Subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION—7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Work as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others—Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay" and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION—8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Work by the number of days, if any,
reasonably required for CONTRACTOR to perform the Extra Work, as determined by the
ENGINEER. The decision of the ENGINEER shall be final.
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SECTION-9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Documents, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes".
SECTION-10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages."
SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Four Hundred Eighteen Thousand Dollars
($418,000) as itemized on the Attached Exhibit"A".
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
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not limited to Sections entitled "Mobilization Payment Requirements" and "Payment
Itemized Breakdown of Contract Lump Sum Prices'), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the Work a schedule which shows:
1. A minimum of one (1) payment to be made to the CONTRACTOR for each
successive four-week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, "Payment for Work—General'. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by the ENGINEER. The
processing of payments shall not be considered as an acceptance of any part of the Work.
B. As used in this Section, the following defined terms shall have the following meanings:
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1. "Net Progress Payment' means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment' means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. "Retention Amount'for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions—"Retained Funds; Substitution of
Securities."
SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions—"Retained Funds;
Substitution of Securities."
SECTION—13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A-
Schedule of Prices.
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Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION—14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Engineering Department. The CONTRACTOR agrees that not
less than said prevailing rates shall be paid to workers employed on this public works
Contract as required by Labor Code Section 1774 of the State of California. Per California
Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages
at its principal office and at each job site, which shall be made available to any interested
party upon request.
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C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit two thousand dollars ($200.00)for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or
more.
E. Workdav:
In the performance of this Contract, not more than eight(8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by it hereunder except as provided in paragraph (B)above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sec.)of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
twenty-five dollars ($25.00)for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one (1)calendar day and
forty (40) hours in any one (1)week in violation of said Article. CONTRACTOR shall keep
an accurate record showing the name and actual hours worked each calendar day and
each calendar week by each worker employed by CONTRACTOR in connection with the
Project.
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F. Registration: Record of Wages: Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION—15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD's General Counsel—one in the amount of one hundred percent(100%)of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%)of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain one hundred percent (100%)of the Contract Price. This Contract shall not become
effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a
Surety authorized by the State Insurance Commissioner to do business in California. The
Performance Bond shall remain in full force and effect through the warranty period, as specified
in Section 19 below. All Bonds required to be submitted relating to this Contract must comply
with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the
name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall
be duly acknowledged before an officer authorized to take and certify acknowledgments, and
either one of the following conditions shall be satisfied:
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A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION— 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion'. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated
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Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD Premises/worksite without Possessing the required insurance coverage.
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties"), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Two Million
Dollars ($2,000,000)which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional
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extension or continuation of time to said warranty period that may be required
or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
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Either(1)a combined single limit of Two Million Dollars ($2,000,000) and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker's Compensation/Emplover's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OCSD, its
or their officers, agents, or employees, and any other contractor or subcontractor
performing Work or rendering services on behalf of OCSD in connection with the
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planning, development and construction of the Project. In all its insurance coverages
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a)would otherwise have a duty
of indemnification, contractual or otherwise, (b)did not pay the insurance premium,
directly or indirectly, and (c)whether or not such individual or entity has an insurable
interest in the property damaged.
6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
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a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty(30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10)days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving thirty(30)days prior notice of such an event to
OCSD, or to have its insurance broker/agent send to OCSD a certified letter
describing the changes in coverage and any increase in deductible or SIR
amounts. The certified letter must be sent Attention: Risk Management and shall be
received not less than twenty (20) days prior to the effective date of the
change(s). The letter must be signed by a Director or Officer of the broker/agent and
must be on company letterhead, and may be sent via e-mail in pdf format.
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3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2752(b).
4. If required by a public agency from whom permit(s)will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at
least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of workers compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20)days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
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F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured"on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
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4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION—17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION-18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or"Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION—19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final
Completion" that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
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be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
corrected deficiency until the later of(1)the remainder of the original one-year warranty period;
or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION-20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION—21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION—22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
Federal, State, City, and/or public agency codes, permits, ordinances, regulations, and laws, as
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well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
SECTION-23 NOTICES
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in
writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
Bradley R. Hogin, Esquire
Woodruff, Spradlin & Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: Access Pacific, Inc.
755 East Washington Boulevard
Pasadena, CA 91104
Copy to: Tomas Torres, President
Access Pacific, Inc.
755 East Washington Boulevard
Pasadena, CA 91104
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Access Pacific, Inc.
755 East Washington Boulevard
Pasadena, CA 91104
By
Printed Name
Its
CONTRACTOR's State License No. 930437 (Expiration Date—5/31/2018)
OCSD: Orange County Sanitation District
By
Gregory C. Sebourn, PLS
Chair, Board of Directors
By
Kelly A. Lore
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Manager
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION.............................................................................1
EXA-2 PROGRESS PAYMENTS..................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1
EXA-4 STOP PAYMENT NOTICE.................................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3
EXA-6 PAYMENT OF TAXES.......................................................................................3
EXA-7 FINAL PAYMENT...............................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT...5
ATTACHMENT 1 -CERTIFICATION FOR REQUEST FOR PAYMENT.........................7
ATTACHMENT 2-SCHEDULE OF PRICES...................................................................8
C-EXA-080414
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement—Section 11 —"Contract Price and Method of
Payment;"
2. General Conditions—"Payment—General";
3. General Conditions—"Payment—Applications for Payment";
4. General Conditions—"Payment— Mobilization Payment Requirements;"
5. General Conditions—"Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions—"Contract Price Adjustments and Payments";
7. General Conditions—"Suspension of Payments";
8. General Conditions—"OCSD's Right to Withhold Certain Amounts and
Make Application Thereof"; and
9. General Conditions—"Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions—"Retained Funds; Substitution of Securities' Payment of
Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may
request and OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) Days after receipt of the payment, the respective amount of interest
earned, net of costs attributed to retention withheld from each Subcontractor,
on the amount of retention withheld to ensure the performance of the
Subcontractor. The escrow agreement used by the escrow agent pursuant to
this article shall be substantially similar to the form set forth in §22300 of the
California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR's
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%)of the amount claimed under any stop payment notice under
Civil Code §9350 at. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) Days
after receipt of each progress payment as required by the California
Business and Professions Code §7108.5. Such payments to
Subcontractors shall be based on the measurements and estimates made
pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7) Days after
CONTRACTOR's receipt of said retention proceeds from OCSD as
required by the California Public Contract Code§7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all Federal, State, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, "Final Acceptance and Final Completion", and after
Resolution of the Board authorizing final payment and satisfaction of the
requirements as more particularly set forth in General Conditions—"Final
Payment", a final payment will be made as follows:
1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor(per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled Claims, stating claimed amounts, and copies
of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every Claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or filed in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR's
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) Days after
receipt of recommended changes from OCSD, the CONTRACTOR will
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make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35) Days
after Final Acceptance of the Work by OCSD, and agreements are reached
on all issues regarding the application for Final Payment, OCSD, in
exchange for an executed release, satisfactory in form and substance to
OCSD, will pay the entire sum found due on the approved application for
Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid Claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any Claims remain open, OCSD may make Final Payment subject to
resolution of those Claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract(per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138)within thirty (30) Days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
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1. The true and correct amount payable for the Work is different from that
previously accepted;
2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
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ATTACHMENT 1 —CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Acts to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Acts to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Ad and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under Contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor's
performance.
Name
Title
Date
CONFORMED C-EXA-080414
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ATTACHMENT 2—SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Access Pacific, Inc.)
BF-14 Schedule of Prices, Pages 1-2
C-EXA-080414 CONFORMED
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Bid Submitted By:
Access Pacific, Inc.
(Name of Firm)
SF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For unit prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work,whether they be
more or less than those shown. Bidders compensation for the Work under the Contract
Documents will be computed based upon the lump sum amount of the Contract at time of
award, plus any additional or deleted costs approved by OCSD via approved Change Orders,
pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line Rem,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary,
provides that the total price for each item shall be based on the unit price listed for each Rem
multiplied by the quantity;and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit. overhead, etc., unless otherwise specked in the Contract Documents. All
applicable sales taxes. Federal and/or State,and any other special taxes. Patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL
AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials,equipment and
services for the construction of the Project per the Invitation for Bids.
BF-14 SCHEDULE OF PRICES C-BF-021115
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Bid Submitted By: Access Pacific, Inc.
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit.f APPmx Unit Price Extended Price
No. Measurement oty
1. Mobilization, initial progress payment for all fees, labor, materials and
equipment required for mobilization, staging area, and surety bonds, and Lump Sum 1 = $25,000.00
other activities in conformance with the Contract Documents, for the lump
sum amount of:
2. Furnish all labor, materials and equipment necessary for the completion of ox
the Contract Work, except for the Work specified for Bid Item 1, in Lump Sum 1 = $ �3f
conformance with the Contract Documents,for a lump sum price of: u c� �tn�
TOTAL AMOUNT of BID (BASIS of AWARD) $ 1 /? ' 000 'w
BF-14 SCHEDULE OF PRICES C-BF-021115
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OPERATIONS COMMITTEE Meeting Date TOBd.of Dlr.
09/06/17 Og/27/17
AGENDA REPORT emNumber Item Number
7
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: ON-CALL PLANNING STUDIES MASTER CONTRACT NO. PLAN2017-00
GENERAL MANAGER'S RECOMMENDATION
A. Approve annual Professional Services Agreements with Brown and Caldwell,
AECOM, HDR, Dudek, and RMC,for on-call Planning Studies Master Contract No.
PLAN2017-00, for the term November 1, 2017 — October 31, 2018, with a
maximum annual fiscal year contract limitation not to exceed $400,000 for each
Professional Services Agreement; and
B. Approve two additional one-year optional extensions.
BACKGROUND
The Orange County Sanitation District (Sanitation District) Ordinance No. OCSD-47
(Purchasing Ordinance)allows the Sanitation District to compile prequalified lists of firms
for each professional discipline required to support engineering projects. The Purchasing
Ordinance also allows the Professional Services Agreement to be extended for up to two
additional one-year periods following the original term of one year. The Purchasing
Ordinance delegates authority to the General Manager and Director of Engineering to
solicit proposals for services to support engineering projects through individual task
orders up to $200,000.
RELEVANT STANDARDS
• 1, 5, 20-year planning horizons
• Maintain a proactive asset management program
• Maintain a culture of improving efficiency
PROBLEM
The Engineering Planning Division is responsible for Capital Improvement Program
planning and often must perform planning studies to resolve complex engineering issues,
including issues that were identified in the 2017 Facilities Master Plan. The normal
procurement process to obtain professional engineering services is lengthy and requires
significant administrative costs.
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PROPOSED SOLUTION
Retaining a prequalified list of firms to provide professional engineering services under
the$200,000 threshold will enable the Sanitation District to conduct these smaller studies
more quickly with reduced staff costs and consultant fees.
TIMING CONCERNS
Agreements with prequalified firms will shorten the time required to procure services for
professional engineering task orders.
RAMIFICATIONS OF NOT TAKING ACTION
Without this prequalified pool of consultants for professional engineering services, the
Sanitation District would need to request proposals from all consultants registered in the
Sanitation District's purchasing database, which would take additional time and
resources.
PRIOR COMMITTEE/BOARD ACTIONS
The agreements that were used to procure planning studies (Plan2013) were approved
by the Board of Directors on December 18, 2013, and expired on December 17, 2016.
ADDITIONAL INFORMATION
On-Call Planning Studies Program Approach:
When the Engineering Planning Division determines that professional engineering
services in the form of a task order are needed, proposals will be solicited from all
prequalified firms in the On-Call Planning Studies program. These proposals will be
evaluated in accordance with the evaluation criteria set forth in the Request for Task
Order Proposals. Negotiations will be conducted with the highest ranked proposer based
on their qualifications.
Task orders will be awarded in accordance to the delegated authority per the Sanitation
District Purchasing Ordinance. Task orders up to$100,000 will be subject to approval by
the General Manager. Task Orders between $100,000 to $200,000 will require approval
by the Operations Committee.
On-Call Planning Studies Program Consultants Selection Process:
A Request for Qualifications for Plan 2017, Master Contract No. PLAN2017-00, was
developed and publicly advertised, and a notice was sent to multiple categories of firms
registered in the Sanitation District's purchasing database on April 26, 2017. The
following evaluation criterion were described in the Request for Qualifications and used
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to determine the most qualified Consultant.
CRITERION POINTS
Execution of Work 20 points
Relevant Project Experience 30 points
Team and Staff Qualifications 40 points
Public Works Experience 10 points
21 Statements of Qualifications were received on June 14, 2017 and subsequently
evaluated in accordance with the evaluation process set forth in the Purchasing Ordinance
by a preselected Evaluation Team consisting of the following Sanitation District staff:
William Cassidy Engineering Supervisor
Martin Dix Engineering Supervisor
Kathy Millea Engineering Manager
Jeff Mohr Engineering Manager
Eros Yong Engineering Supervisor
The Evaluation Team also included two non-voting representatives from the Contracts
Administration Division.
Each member of the Evaluation Team scored the Consultants using the evaluation
criterion above. The results of this rating process are shown in Table 1, below.
Table 1 - Consultant Firm Scoring and Ranking
TOTAL
PROPOSERS POINTS RANKING
COLLECTION SYSTEMS
Brown &Caldwell 417 1
AECOM 411 2
HDR 398 3
Dudek 392 4
RMC 387 5
Lee&Ro 371 6
Atkins 361 7
GHD 351 8
IEC 307 9
Arcadis 306 10
MARRS 292 11
MWH 285 12
Lockwood Andrew Newman LAN 210 13
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TOTAL
PROPOSERS POINTS RANKING
WASTEWATER TREATMENT FACILITIES
Brown &Caldwell 436 1
AECOM 387 2
HDR 376 3
Dudek 368 4
RMC 367 5
Lee&Ro 343 6
MWH 308 7
Ar I, 307 8
Staff recommends awarding contracts to the five top-ranked firms in the Collection
Systems category; and to the five top-ranked firms in the Wastewater Treatment Facilities
category. The selected firms demonstrated the most relevant experience with collection
systems or wastewater treatment facilities-related public works projects, most qualified
staff, and the ability to successfully execute work.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. Budget for these task orders is included in the Master Planning Studies
Program (M-Studies) budget for Fiscal Year 2017-18. (Line item: FY 2017-18 Update,
Appendix, Page A-9).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Professional Services Agreements
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PROFESSIONAL SERVICES AGREEMENT
(COLLECTION SYSTEMS)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
BROWN AND CALDWELL
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-01, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1. 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31, 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on December 15'h by mutual agreement of the Parties. Escalation of the
salary rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTION 5. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTION 6. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, products
liability/completed operations (including any product manufactured or assembled), broad
form property damage, contractual liability, independent contractors liability, personal and
advertising injury, mobile equipment, vicarious liability, and cross liability and severability of
interest clauses. A statement on an insurance certificate will not be accepted in lieu of the
actual additional insured endorsement(s). If requested by SANITATION DISTRICT and
applicable, XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook
Liability must be included in the General Liability policy and coverage must be reflected on
the submitted Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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.
CONSULTANT shall provide the SANITATION DISTRICT with access to copies of its
insurance certificates and amendatory endorsements affecting coverage at its regional
office in Irvine, California during normal working hours. Confidential information may be
redacted from said policies, provided that verification of coverage may not be redacted.
Said policies and endorsements shall conform to the requirements herein stated. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (512010) or equivalent
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01 or equivalent
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
(Auto Liability) the SANITATION DISTRICT approval.
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• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 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 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 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
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losses and related investigations, claim administration and defense expenses. The
SANITATION DISTRICT will not invoke the option expressed in this paragraph unless it
has reasonable cause to question CONSULTANT's financial strength.
N. Defense Costs:
Liability policies (except Errors and Omissions/Professional Liability)shall have a
provision that defense costs for all insureds and additional insureds are paid in addition to
and do not deplete any policy limits.
O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations
and work.
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 the higher limits
maintained by CONSULTANT. Nothing in this section, however, requires CONSULTANT
in the absence of litigation to reveal its Errors and Omissions/Professional Liabiltiy limits
beyond that required above in Section 8.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
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SECTION 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 Suboonsultants.
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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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
equested, postage prepaid.
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Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
BROWN AND CALDWELL
18200 Von Kerman Avenue
Suite 400
Irvine, CA 92612
Attention: Mike Puccio, PE, Program Manager
Copy: Dan Bunce, PE, PIMP, Vice President
All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
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SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICTS officers, directors,
employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
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(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
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SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
CONSULTANT shall not be responsible for delays caused by circumstances beyond its
reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or
stoppages, or accidents and (2) acts of God.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: BROWN AND CALDWELL
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(COLLECTION SYSTEMS)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
AECOM TECHNICAL SERVICES, INC.
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-02, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1. 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31. 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on January 1� by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTION 5. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTION 6. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
1. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class V111, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
owners and contractors protective liability, and cross liability and severability of interest
clauses. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook Liability must
be included in the General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultants 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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
AECOM TECHNICAL SERVICES, INC.
999 Town and Country Road
Orange, CA 92868
Attention: Jagadish Gundarlahalli, PE, Program Manager
Copy: Zeynep Erdal, PhD, PE, Principal-in-Charge
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 16. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICTS officers, directors,
employees, CONSULTANT's, and agents (collectively the"Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorneys
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: AECOM TECHNICAL SERVICES, INC.
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(COLLECTION SYSTEMS)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
HDR ENGINEERING, INC.
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD-47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-03, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1, 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31. 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on January 1� by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
SANITATION DISTRICT will pay all undisputed amounts within 30 days following receipt
of CONSULTANT's invoice. Upon satisfactory completion of the work performed under
each Task Order, and prior to final payment under each Task Order 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
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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.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or (a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
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The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTIONS. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTIONS. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
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make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION 8. INSURANCE
A. General:
I. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
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
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and Underground) and Riggers/On Hook Liability must be included in the General Liability
policy and coverage must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability:
The minimum limits of general liability and Automotive Liability Insurance required, as set
forth herein, shall be provided for through either a single policy of primary insurance or a
combination of policies of primary and umbrella excess coverage. Umbrella excess liability
coverage shall be issued with limits of liability which, when combined with the primary
insurance, will equal the minimum limits for general liability and automotive liability.
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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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, 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 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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultants 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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
HDR ENGINEERING, INC.
3230 El Camino
Suite 200
Irvine, CA 92602
Attention: Jennifer Duffy, Project Manager
Copy: Aaron Meilleur, PE, Vice President
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY AND CORRECTIVE ACTIONS
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the"Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: HDR ENGINEERING, INC.
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment'B" Not Used
Attachment"C' Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment"K" Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(COLLECTION SYSTEMS)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
DUDEK
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD-47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-04, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1. 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31, 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on January 1� by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications
in scope of work resulting from Feld 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTION 5. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTION 6. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
owners and contractors protective liability, and cross liability and severability of interest
clauses. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook Liability must
be included in the General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultants 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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
DUDEK
27372 Calle Arroyo
San Juan Capistrano, CA 92675
Attention: Russ Bergholz, PE, PMP, Principal Engineer
Copy: Bob Ohlund, PE, Vice President
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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 CONSULTANTS
indemnification obligation or other liability hereunder. The terms of this AGREEMENT are
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: DUDEK
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(COLLECTION SYSTEMS)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as 'SANITATION DISTRICT"
AND
RMC Water and Environment,
a Woodard and Curran Company
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-05, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1, 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31, 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually at the end of February by mutual agreement of the Parties. Escalation of the
salary rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications
in scope of work resulting from Feld 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTIONS. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTIONS. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
1. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class V111, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
owners and contractors protective liability, and cross liability and severability of interest
clauses. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook Liability must
be included in the General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultants 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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
RMC Water and Environment, a Woodard and Curran Company
15510 Rockfield Blvd.
Suite C200
Irvine, CA 92618
Attention: Andrew Baldwin, Project Manager
Copy: Scott Goldman, P.E., BCEE, Principal-in-Charge
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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 CONSULTANTS
indemnification obligation or other liability hereunder. The terms of this AGREEMENT are
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: RMC Water and Environment,
a Woodard and Curran Company
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Seboum, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment'B" Not Used
Attachment"C' Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment"K" Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(WASTEWATER TREATMENT FACILITIES)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
BROWN AND CALDWELL
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD-47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-01, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1, 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31. 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on December 15'h by mutual agreement of the Parties. Escalation of the
salary rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications
in scope of work resulting from Feld 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTIONS. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTIONS. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, products
liability/completed operations (including any product manufactured or assembled), broad
form property damage, contractual liability, independent contractors liability, personal and
advertising injury, mobile equipment, vicarious liability, and cross liability and severability of
interest clauses. A statement on an insurance certificate will not be accepted in lieu of the
actual additional insured endorsement(s). If requested by SANITATION DISTRICT and
applicable, XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook
Liability must be included in the General Liability policy and coverage must be reflected on
the submitted Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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.
CONSULTANT shall provide the SANITATION DISTRICT with access to copies of its
insurance certificates and amendatory endorsements affecting coverage at its regional
office in Irvine, California during normal working hours. Confidential information may be
redacted from said policies, provided that verification of coverage may not be redacted.
Said policies and endorsements shall conform to the requirements herein stated. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (512010) or equivalent
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01 or equivalent
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
(Auto Liability) the SANITATION DISTRICT approval.
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• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 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 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 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
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losses and related investigations, claim administration and defense expenses. The
SANITATION DISTRICT will not invoke the option expressed in this paragraph unless it
has reasonable cause to question CONSULTANT's financial strength.
N. Defense Costs:
Liability policies (except Errors and Omissions/Professional Liability)shall have a
provision that defense costs for all insureds and additional insureds are paid in addition to
and do not deplete any policy limits.
O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations
and work.
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 the higher limits
maintained by CONSULTANT. Nothing in this section, however, requires CONSULTANT
in the absence of litigation to reveal its Errors and Omissions/Professional Liabiltiy limits
beyond that required above in Section 8.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4 - COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
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SECTION 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 Suboonsultants.
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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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
equested, postage prepaid.
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Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
BROWN AND CALDWELL
18200 Von Kerman Avenue
Suite 400
Irvine, CA 92612
Attention: Mike Puccio, PE, Program Manager
Copy: Dan Bunce, PE, PIMP, Vice President
All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
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SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the"Indemnified Parties"). from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim"; collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
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(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
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SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
CONSULTANT shall not be responsible for delays caused by circumstances beyond its
reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or
stoppages, or accidents and (2) acts of God.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: BROWN AND CALDWELL
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(WASTEWATER TREATMENT FACILITIES)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
AECOM TECHNICAL SERVICES, INC.
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD-47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-02, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1. 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31, 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on January 1� by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications
in scope of work resulting from Feld 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTION 5. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTION 6. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
owners and contractors protective liability, and cross liability and severability of interest
clauses. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook Liability must
be included in the General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultants 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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
AECOM TECHNICAL SERVICES, INC.
999 Town and Country Road
Orange, CA 92868
Attention: Jagadish Gundarlahalli, PE, Program Manager
Copy: Zeynep Erdal, PhD, PE, Principal-in-Charge
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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 CONSULTANTS
indemnification obligation or other liability hereunder. The terms of this AGREEMENT are
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: AECOM TECHNICAL SERVICES, INC.
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(WASTEWATER TREATMENT FACILITIES)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
HDR ENGINEERING, INC.
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD-47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-03, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1, 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP") setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31. 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on January 1� by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications
in scope of work resulting from Feld 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
SANITATION DISTRICT will pay all undisputed amounts within 30 days following receipt
of CONSULTANT's invoice. Upon satisfactory completion of the work performed under
each Task Order, and prior to final payment under each Task Order 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
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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.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or (a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
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The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTIONS. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTIONS. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
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make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION 8. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
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
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and Underground) and Riggers/On Hook Liability must be included in the General Liability
policy and coverage must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability:
The minimum limits of general liability and Automotive Liability Insurance required, as set
forth herein, shall be provided for through either a single policy of primary insurance or a
combination of policies of primary and umbrella excess coverage. Umbrella excess liability
coverage shall be issued with limits of liability which, when combined with the primary
insurance, will equal the minimum limits for general liability and automotive liability.
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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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, 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 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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably suf0cient to deal with the risk of loss involving the Subconsultant'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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
HDR ENGINEERING, INC.
3230 El Camino
Suite 200
Irvine, CA 92602
Attention: Jennifer Duffy, Project Manager
Copy: Aaron Meilleur, PE, Vice President
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY AND CORRECTIVE ACTIONS
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the"Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: HDR ENGINEERING, INC.
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(WASTEWATER TREATMENT FACILITIES)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
DUDEK
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD-47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-04, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1, 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP")setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31. 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually on January 1� by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications
in scope of work resulting from Feld 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTIONS. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTIONS. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
owners and contractors protective liability, and cross liability and severability of interest
clauses. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook Liability must
be included in the General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subconsultants 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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
DUDEK
27372 Calls Arroyo
San Juan Capistrano, CA 92675
Attention: Russ Bergholz, PE, PMP, Principal Engineer
Copy: Bob Ohlund, PE, Vice President
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICT's officers, directors,
employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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 CONSULTANTS
indemnification obligation or other liability hereunder. The terms of this AGREEMENT are
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: DUDEK
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment X' Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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PROFESSIONAL SERVICES AGREEMENT
(WASTEWATER TREATMENT FACILITIES)
This AGREEMENT is made and entered into, to be effective this September 27, 2017
by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
RMC Water and Environment,
a Woodard and Curran Company
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ")the Board of
Directors of the SANITATION DISTRICT in accordance with Ordinance No. OCSD47, by action on
September 27, 2017 approved the award of a Professional Services Agreement("AGREEMENT")
for CONTRACT NO. PLAN2017-05, On-Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1. 2017 to October 31, 2018;
and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP") setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment"A" Scope of Work
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• Attachment"D"Allowable Direct Costs
• Attachment"K" Hourly Labor Rate Schedule
• Attachment"L" OCSD Safety Standards
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment"D"Allowable Direct Costs;
• Attachment"K" Hourly Labor Rate Schedule;
• Attachment"L" OCSD Safety Standards;
• Attachment"A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31. 2018 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3)years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed four hundred thousand dollars ($400,000) per year in accordance with the term
described in Section 3 -TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed two hundred thousand dollars
($200,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
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A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment"K"— Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment"K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be Dusted
annually at the end of February by mutual agreement of the Parties. Escalation of the
salary rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 -TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment"K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3-TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment"K". Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3-TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment"D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
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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 the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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
hftl)://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem".
CONSULTANT shall return to the SANITATION DISTRICT any excess
reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15)days 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 a personal vehicle for
local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed at
the discretion of the SANITATION DISTRICT based on reasonableness of meeting
schedules and the amount of time required for travel by the CONSULTANT. Such
determination will be made on a case-by-case basis and at the discretion of the
SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by the IRS shall be utilized for travel meal
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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts
and other documentary records to support CONSULTANT's request for
reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs.
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3) 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.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to-exceed amount of the Task Order, including any 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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
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claims, if any, as may be specifically exempted by CONSULTANT from the operation of
the release in stated amounts to be set forth therein.
E. False Claims
Pursuant to the California False Claims Act(Government Code Sections 12650-12655),
any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT
for compensation under the terms of this AGREEMENT may be held liable for treble
damages and up to a $10,000 civil penalty for each false claim submitted. This Section
shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim
when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be
presented to an officer or employee of the SANITATION DISTRICT a false claim or
request for payment or approval; (b) knowingly makes, uses, or causes to be made or
used a false record or statement to get a false claim paid or approved by the
SANITATION DISTRICT; (c)conspires to defraud the SANITATION DISTRICT by getting
a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses,
or causes to be made or used a false record or statement to conceal, avoid, or decrease
an obligation to the SANITATION DISTRICT; or(a) 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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the 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 at 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.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
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G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTIONS. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTIONS. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of
these documents includes use of, reproduction or reuse of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or any partial
payment for work performed and includes ownership of any and all work product
completed prior to that payment. This Section shall apply whether the CONSULTANT's
Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in
accordance with other provisions of this AGREEMENT. Notwithstanding any other
provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or
uses of the study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION S. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholders Rating, or better, and Financial Rating of at
least Class VI11, or better, in accordance with the most current A.M. Best's Guide
Rating. However, the SANITATION DISTRICT will accept State Compensation
Insurance Fund, for the required policy of Worker's Compensation Insurance subject
to the SANITATION DISTRICT's option to require a change in insurer in the event the
State Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require CONSULTANT to substitute any insurer whose rating drops
below the levels herein specified. Said substitution shall occur within twenty (20)days
of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
AGREEMENT.
B. General Liability:
The CONSULTANT shall maintain during the life of this AGREEMENT, including the period
of warranty, Commercial General Liability Insurance written on an occurrence basis
providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000)
per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall
include coverage for the following hazards: Premises-Operations, blanket contractual
liability (for this AGREEMENT), products liability/completed operations (including any
product manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile equipment,
owners and contractors protective liability, and cross liability and severability of interest
clauses. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable,
XCU coverage (Explosion, Collapse and Underground)and Riggers/On Hook Liability must
be included in the General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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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 a form acceptable by 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 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.
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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 "per 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 (ISO Form) CG2010 11 85 or
(General Liability)
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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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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 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 and additional
insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants:
The CONSULTANT shall be responsible to establish insurance requirements for any
Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types
reasonably suf0cient to deal with the risk of loss involving the Subconsultant'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 the higher limits
maintained by CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this Project under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
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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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Hadaway, Senior Contracts Administrator
Copy: Eros Yong, Project Manager
Notice shall be mailed to CONSULTANT at:
RMC Water and Environment, a Woodard and Curran Company
15510 Rockfield Blvd.
Suite C200
Irvine, CA 92618
Attention: Allen Fathi, P.E., Project Manager
Copy: Scott Goldman, P.E., BCEE, Principal-in-Charge
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All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other SANITATION DISTRICT staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in compliance
with all federal, state and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of
equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
SECTION 17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation
of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices
of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity
conducting alternate dispute resolution services.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
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SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and
professional standards. If, within the 12-month period following completion of its services,
the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to
meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION
DISTRICT, take all such actions as are necessary to correct or complete the noted
defciency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION
DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the
SANITATION DISTRICT and all of the SANITATION DISTRICTS officers, directors,
employees, CONSULTANT's, and agents (collectively the"Indemnified Parties"), from and
against any and all claims, damages, liabilities, causes of action, suits, arbitration awards,
losses,judgments, fines, penalties, costs and expenses (including without limitation, attorneys
fees, disbursements and court costs, and all other professional, expert or CONSULTANT's
fees and costs and the SANITATION DISTRICT's general and administrative expenses;
individually, a "Claim", collectively, "Claims")which may arise, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of
any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor
the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's
supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly
or indirectly by any of them.
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
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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.
SECTION 21. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final resolution expressly
determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then the
SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such Claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier
termination of this AGREEMENT until such time as action against the Indemnified Parties for
such matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County, in the event any action is brought in
connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
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SECTION 26. 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 by the CONSULTANT,
as of the day and year first above written.
CONSULTANT: RMC Water and Environment,
a Woodard and Curran Company
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn, PLS Date
Chair, Board of Directors
By
Kelly A. Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Manager
Attachments: Attachment"A" Scope of Work
Attachment"B" Not Used
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Not Used
Attachment"F" Not Attached
Attachment"G" Not Attached
Attachment"H" Not Attached
Attachment"I" Not Used
Attachment"J" Not Attached
Attachment"K" Hourly Labor Rate Schedule
Attachment"L" OCSD Safety Standards
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OPERATIONS COMMITTEE Meeting Date Ta Bd.of Dir.
09/06/17 09/27/17
AGENDA REPORT emNumber Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO.
2, PROJECT NO. 102-118
GENERAL MANAGER'S RECOMMENDATION
A. Receive and file Bid Tabulation and Recommendation for Activated Sludge
Aeration Basin Deck Repair at Plant No. 2, Project No. P2-118;
B. Receive and file Orange County Sanitation District's Notice of Intent to Award
dated August 21, 2017;
C. Award a Construction Contract to Abhe and Svoboda, Inc. for the Activated Sludge
Aeration Basin Deck Repair at Plant No. 2, Project No. 132-118, for a total amount
not to exceed $906,975; and
D. Approve a contingency of$90,700 (10%).
BACKGROUND
The high purity oxygen activated sludge (HPOAS) plant is one of two biological treatment
systems at Orange County Sanitation District's (Sanitation District) Plant No. 2 and was
constructed in the mid-1980s. This system includes reactor basins with concrete decks
that contain high purity oxygen to support the biological process. Oxygen poses a safety
threat because it can greatly accelerate combustion.
Cracking in the concrete roof of the activated sludge basins has been assessed and small
amounts of oxygen are leaking. There is also spalled concrete throughout the deck
surface that poses a structural risk to the basins. Test panel work was conducted as part
of this project to demonstrate the efficacy of different crack repair systems. The
recommendations from the test panel were incorporated into the final design of this
project.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• Maintain a proactive asset management program
Page 1 of 3
PROBLEM
Cracking in the concrete roof of the activated sludge basins extends the entire depth of
concrete and will allow leakage of oxygen. The leaking oxygen is a safety concern
because of the potential for oxygen to accumulate, becoming an ignition source.
There is also spelled concrete throughout the deck surface that poses a structural risk to
the basins. Corroded reinforcement within the spelled surface has resulted in a reduction
of load-bearing capacity of the deck, causing a concern for equipment access needed to
maintain the mechanical equipment located on top of the deck.
PROPOSED SOLUTION
Repair the cracks and spelled concrete using technology demonstrated as part of the
earlier test panel work.
TIMING CONCERNS
The schedule driver for this project is to reduce safety risks and increase reliability of the
activated sludge basins.
RAMIFICATIONS OF NOT TAKING ACTION
• Increased safety risk
• Further degradation of the concrete deck
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District advertised Project No. P2-118 for bid on May 31, 2017, and two
sealed bids were received on July 17, 2017. A summary of the bid opening follows:
Engineer's Estimate $ 1,453,000
Bidder Amount of Bid
W. M. Lyles Co. $ 1,508,800
Abhe & Svoboda, Inc. $ 906,975
The bids were evaluated in accordance with the Sanitation District's policies and
procedures. A notice was sent to all bidders on August 21, 2107 informing them of the
intent of Sanitation District staff to recommend award of the Construction Contract to
Abhe & Svoboda, Inc.
Page 2 of 3
Staff recommends awarding a construction contract to the lowest responsive bidder,Abhe
& Svoboda, Inc. for Activated Sludge Aeration Basin Deck Repair at Plant No. 2, Project
No. P2-118, for a total amount not to exceed $906,975.
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 was filed and recorded with the County of Orange on
August 14, 2015.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (FY2017-18 Budget Update, Appendix, Page
A-10) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Construction Contract
Page 3 of 3
PART A
CONTRACT AGREEMENT
C-CA-011317
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS..................................................................1
SECTION -2 MATERIALS AND LABOR.................................................................4
SECTION -3 PROJECT..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION...................................................................................9
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION - 16 INSURANCE....................................................................................13
SECTION - 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................21
SECTION - 19 WARRANTY....................................................................................21
SECTION -20 ASSIGNMENT.................................................................................22
SECTION -21 RESOLUTION OF DISPUTES ........................................................22
SECTION -22 SAFETY& HEALTH ........................................................................23
SECTION -23 NOTICES.........................................................................................23
C-CA-011317
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. P2-118
ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO. 2
THIS AGREEMENT is made and entered into, to be effective, this September 27, 2017, by and
between Abhe & Svoboda, Inc., hereinafter referred to as "CONTRACTOR"and the Orange
County Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION-1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions—Definitions.
CONFORMED C-CA-011317
PROJECT NO.P2-118
ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO.2
Page 1 of 24
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to opening of Bids—the last in time being the first in
precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report(GBR), if attached as a Contract Document
I. Plans and Specifications—in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
H. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR'S Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
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directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION—2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR'S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION-3 PROJECT
The Project is described as:
PROJECT NO. P2-118
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SECTION-4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
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Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION—5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within one hundred eighty (180)calendar days from the date
of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes five (5) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION—6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
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the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION—7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others—Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay" and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION—8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD's ENGINEER. The decision of the ENGINEER shall be final.
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SECTION-9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes'.
SECTION-10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages and Incentives."
SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Nine Hundred Six Thousand Nine Hundred Seventy-
Five Dollars ($906,975) as itemized on the Attached Exhibit"K.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
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not limited to Sections entitled "Mobilization Payment Requirements" and "Payment
Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four(4)week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract. Payment
applications shall also be accompanied with all documentation, records, and releases as
required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment
for Work—General". The Total amount of Progress Payments shall not exceed the actual
value of the Work completed as certified by OCSD's ENGINEER. The processing of
payments shall not be considered as an acceptance of any part of the Work.
B. As used in this Section, the following defined terms shall have the following meanings:
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1. "Net Progress Payment' means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment' means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. "Retention Amount'for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions—"Retained Funds; Substitution of
Securities."
SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions—"Retained Funds;
Substitution of Securities."
SECTION—13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A-
Schedule of Prices.
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Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION—14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
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C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workdav:
In the performance of this Contract, not more than eight(8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sec.)of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
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F. Registration: Record of Wages: Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION—15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD's General Counsel—one in the amount of one hundred percent(100%)of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%)of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION— 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion'. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)"and/or"OWNER Initiated
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Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD Premises/worksite without Possessing the required insurance coverage.
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties"), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Five Million Dollars ($5,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Five Million
Dollars ($5,000,000)which shall be in effect at all times during the warranty
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period set forth in the Warranty section herein, and as set forth in the General
Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
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2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either(1)a combined single limit of Two Million Dollars ($2,000,000) and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker's Compensation/Emolover's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
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Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance policy,
limitations or exclusions of coverage, or any other reason against OCSD, its or their
officers, agents, or employees, and any other contractor or subcontractor performing
Work or rendering services on behalf of OCSD in connection with the planning,
development and construction of the Project. In all its insurance coverages related to the
Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of
its rights of recovery by subrogation against OCSD, its or their officers, agents, or
employees, or any other contractor or subcontractor performing Work or rendering
services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every
tier. A waiver of subrogation shall be effective as to any individual or entity, even if such
individual or entity (a)would otherwise have a duty of indemnification, contractual or
otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c)whether
or not such individual or entity has an insurable interest in the property damaged.
6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
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C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty(30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10)days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
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twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s)will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at
least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of workers compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20)days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
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OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured"on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
C-CA-011317 CONFORMED
PROJECT NO. P2-118
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Page 20 of 24
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION-17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION-18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or"Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION—19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
CONFORMED C-CA-011317
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The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final
Completion' that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
corrected deficiency until the later of(1)the remainder of the original one-year warranty period;
or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION-20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION—21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
C-CA-011317 CONFORMED
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Page 22 of 24
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION—22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
SECTION-23 NOTICES
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in
writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
Bradley R. Hogin, Esquire
Woodruff, Spradlin & Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: Abhe & Svoboda, Inc.
880 Tavern Road
Alpine, CA 91901
Copy to: David Grant, Area Manager
Abhe & Svoboda, Inc.
880 Tavern Road
Alpine, CA 91901
CONFORMED C-CA-011317
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Abhe & Svoboda, Inc.
880 Tavern Road
Alpine, CA 91901
By
Printed Name
Its
CONTRACTOR's State License No. 506526 (Expiration Date—3/31/2019)
OCSD: Orange County Sanitation District
By
Gregory C. Sebourn, PLS
Chair, Board of Directors
By
Kelly A. Lore
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Manager
C-CA-011317 CONFORMED
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION.............................................................................1
EXA-2 PROGRESS PAYMENTS..................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1
EXA-4 STOP PAYMENT NOTICE.................................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3
EXA-6 PAYMENT OF TAXES.......................................................................................3
EXA-7 FINAL PAYMENT...............................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT...5
ATTACHMENT 1 -CERTIFICATION FOR REQUEST FOR PAYMENT.........................7
ATTACHMENT 2-SCHEDULE OF PRICES...................................................................8
C-EXA-080414
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement—Section 11 —"Contract Price and Method of
Payment;"
2. General Conditions—"Payment—General";
3. General Conditions—"Payment—Applications for Payment";
4. General Conditions—"Payment— Mobilization Payment Requirements;"
5. General Conditions—"Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions—"Contract Price Adjustments and Payments";
7. General Conditions—"Suspension of Payments";
8. General Conditions—"OCSD's Right to Withhold Certain Amounts and
Make Application Thereof"; and
9. General Conditions—"Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions—"Retained Funds; Substitution of Securities' Payment of
Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may
request and OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20)calendar days after receipt of the payment, the respective amount
of interest earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent
pursuant to this article shall be substantially similar to the form set forth in
§22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR'S
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%)of the amount claimed under any stop payment notice under
Civil Code §9350 at. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after
receipt of each progress payment as required by the California Business
and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article
progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7)days after
CONTRACTOR'S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all federal, state, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, "Final Acceptance and Final Completion", and after
Resolution of the Board authorizing final payment and satisfaction of the
requirements as more particularly set forth in General Conditions—"Final
Payment", a final payment will be made as follows:
1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor(per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of
any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or filed in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR'S
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will
make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
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acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final
Payment, OCSD, in exchange for an executed release, satisfactory in form
and substance to OCSD, will pay the entire sum found due on the approved
application for Final Payment, including the amount, if any, allowed on
settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fitly percent (150%)of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract(per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138)within thirty (30)days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
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2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414
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ATTACHMENT 1 — CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Acts to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Acts to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Ad and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor's
performance.
Name
Title
Date
C-EXA-080414
PROJECT NO. P2-118
ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO.2
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ATTACHMENT 2—SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Abhe R Svoboda, Inc.)
BF-14 Schedule of Prices, Pages 1-3
C-EXA-080414
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ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO.2
Page 8 of 8
Bid Submitted By:
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work,whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work.
including Profit overhead etc. unless otherwise specified in the Contract Documents. All
applicable sales taxes state and/or federal and any other special taxes patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE "TOTAL
AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C.BF-021115
PROJECT NO. P2-118
ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO,2
Page 1 of 3
Bid Submitted By: hhPr JVU pOQQr lhC' `
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
The bidder shall provide a unit price and extended price for each bid item.
It.. Description Unit of Approx
No. Measurement cityUnil Price Extended Price
1. Mobilization: Furnish All Labor for Mobilization,Staging&Set Up. The amount for
O
this Bid Item shall not exceed 5%of the Total Amount of Bid and shall be in Lump Sum 1 = $ 31 W.Ui
conformance with the Contract Documents for the lump sum price of...
2. Furnish all Labor, equipment, and materials for surface preparation and expanding
polyurethane injection for Aeration Basin cracks. Unit price bid shall include labor, 0 o�
equipment, and materials needed for confined space entry into aeration basin Linear Feet 1,200 X $ a7�. = $ 301r 200.
during application of crack injection. Work shall be performed in accordance with
the plans and specifications for the linear foot unit price of....
3. Furnish all Labor, equipment, and materials for surface preparation and epoxy
injection for Aeration Basin cracks. Unit price bid shall include labor, equipment, ay 60
and materials needed for confined space entry into aeration basin during Linear Feet 100 X $ 3�q _ $ Q00.
application of crack injection. Work shall be performed in accordance with the
plans and specifications for the linear foot unit price of...
4. Furnish all labor for saw cutting,substrate concrete removal,substrate and rebar
preparation and mortar repair ofspalled/delaminated aeration basin surfaces. Work Square 1,600 X $ a,0� . %J = $ 3�,(, fp00 .
shall be performed in accordance with the plans and specifications for the square Feet
foot unit price of...
5. Furnish all equipment, labor and materials to perform miscellaneous
improvements to the activated sludge basins as identified on the Drawings, Lump Sum At
a0$ ty8 5.
including, but not limited to, replacement of manhole cover and gasket, and
replacement of gasket on sample port cover.
BF-14 SCHEDULE OF PRICES C-BF-021115
PROJECT NO. P2-118
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Page 2 of 3
Nsm Description Unit of APproz Extended Price
No. Measurement (ity
8. Demobilization: Furnish All Labor, Demobilization& Clean Up Lump Sum
TOTAL AMOUNT OF BID (BASIS OF AWARD) $ Qo(pt `t TJ '
BF-14 SCHEDULE OF PRICES C-BF-021115
PROJECT NO.P2-118
ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO.2
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
09/06/17 Og/27/17
AGENDA REPORT emNumber Item Number
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: ADDENDUM NO. 2 TO FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX
AND COLLECTION SYSTEM ODOR & CORROSION CONTROL
PROGRAM
GENERAL MANAGER'S RECOMMENDATION
Consider, receive, and file the Orange County Sanitation District's Addendum No. 2 to
the Supplemental Environmental Impact Report forthe Final Effluent Pump Station Annex
and Collection System Odor & Corrosion Control Program, dated September 6, 2017, to
accommodate odor and corrosion control chemical addition at Garden Grove Sanitary
District's Tiffany Pump Station.
BACKGROUND
In November 2002, the Orange County Sanitation District (Sanitation District) Board of
Directors certified the Final Supplemental Environmental Impact Report (SEIR) for the
Final Effluent Pump Station Annex and Collection System Odor & Corrosion Control
Program. The SEIR analyzed the environmental impacts of numerous continuous feed
systems throughout the service area that were part of a pilot program.
This addendum, prepared in accordance with the California Environmental Quality Act
(CEQA) and its implementing guidelines, addresses the addition of a continuous feed
chemical dosing station in the City of Garden Grove described in the SEIR.
RELEVANT STANDARDS
• Meet CEQA and NEPA standards
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
PROBLEM
The Sanitation District owns and maintains a regional sewer collection system throughout
its service area. The Sanitation District's collection system generates odorous gases,
primarily hydrogen sulfide, which can be released into the air creating a nuisance to
communities near the system. The middle reach of the Sanitation District's Miller-Holder
Trunk Sewer can experience odors if left untreated.
Page 1 of 3
PROPOSED SOLUTION
To reduce the nuisance, the Sanitation District implements an odor and corrosion control
program for the collection system, which includes among many tools, the application of
chemicals in trunk sewers to minimize the hydrogen sulfide production as the wastewater
is conveyed from the collection system to the Sanitation District's treatment plants. Staff
recommends the addition of a chemical dosing station at the Garden Grove Sanitary
District's Tiffany Pump Station, which is tributary to the middle reach of the Miller-Holder
Trunk Sewer. The addition of this application site will address odors along the Miller-
Holder Trunk Sewer.
TIMING CONCERNS
In October 2016, the research phase of this project proceeded under CEQA Section
15306 (Class 6) exemption for data collection and research up to twelve months. CEQA
action is necessary to continue with on-going operation of this chemical application once
the research period ends in October 2017.
RAMIFICATIONS OF NOT TAKING ACTION
The project cannot proceed without this addendum.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
As part of an initial pilot program, the Sanitation District conducted research to determine
the effectiveness of treating the middle reach of the Miller-Holder Trunk System. The
selected location was at the Garden Grove Sanitary District's Tiffany Pump Station at
12752 Bailey Street. This location proved to be effective at treating odors and staff is
recommending that this continuous feed chemical dosing remain in operation at this
location.
CEQA
Staff prepared this Addendum No. 2 to the Final Effluent Pump Station Annex and
Collection System Odor and Corrosion Control Program Supplemental Environmental
Impact Report (SCH #1997101065), certified in November 2002 to address the Tiffany
Pump Station dosing station. Garden Grove Sanitary District staff have been consulted
as this project is located at their pump station.
In addition, new construction of small structures and accessory structures are exempt
from CEQA, Sections 15303 (Class 3) and 15311 (Class 11), respectively.
Page 2 of 3
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Addendum No. 2 to Final Supplemental Environmental Impact Report for the Final
Effluent Pump Station Annex and Collection System Odor & Corrosion Control
Program
CD:sa:gc
Page 3 of 3
ADDENDUM NO. 2 TO THE
ORANGE COUNTY SANITATION DISTRICT'S
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR &
CORROSION CONTROL PROGRAM
STATE CLEARINGHOUSE NO.: 1997101065
LEAD AGENCY: Orange County Sanitation District
DATE: September 6, 2017
PURPOSE OF ADDENDUM:
In November 2002,the Orange County Sanitation District (Sanitation District) Board of Directors
certified the Final Supplemental Environmental Impact Report(SEIR) for the Final Effluent Pump
Station Annex and Collection System Odor&Corrosion Control Program (SCH No. 1997101065).
The SEIR analyzed the environmental impacts of numerous existing continuous feed systems
throughout the service area that were part of a pilot program.
This addendum, prepared in accordance with the California Environmental Quality Act(CEQA)
(Public Resources Code Section 21000 et seq.) and its implementing Guidelines (California Code
of Regulations Title 14, Chapter 3, Section 15000 et seq.), addresses the addition of a
continuous feed chemical dosing station as described in the SEIR.
PROJECT DESCRIPTION:
Sanitation District's collection system generates odorous gases, primarily hydrogen sulfide,
which can be released into the air creating a nuisance to surrounding land uses.To reduce the
nuisance,Sanitation District conducts an odor and corrosion control program for the collection
system that currently consists of applying chemicals in the upper, middle and lower reaches of
the trunk sewer collection system.The application of the various chemicals is applied
intermittently to minimize the hydrogen sulfide production as the wastewater is conveyed from
the collection system to Sanitation District's treatment plants.
As part of the initial pilot program, Sanitation District conducted research to determine the
effectiveness of treating the middle reach of the Miller-Holder Trunk System.The selected
location was at the Garden Grove Sanitary District's Tiffany Pump Station at 12782 Bailey
Street.
One above-ground 8-foot double-contained storage tank was installed to initiate dosing and
evaluate the effects downstream and at the treatment plant.The tank is on the east side of the
Garden Grove Sanitary District's sewer pump station property adjacent to a wet well. The tank
is approximately 75 feet from the street and partially obstructed from public view.The top of
the tank is visible only from the parking lot of a commercial facility. The nearest neighbor is a
resident which is at an approximate distance of 150 feet.
1
Recommendations from the Phase 1 Research Study included ongoing dosing at this location,
and additional testing to better understand odor control benefits in the local sewer and lower
portion of the trunk.This location in Garden Grove allows for treatment to minimize odors
generated in the local sewer before discharging into Sanitation District regional Miller-Holder
Trunk System.The chemicals that may possibly be used at this site include, but are not limited
to:
• Ferrous chloride
• Calcium Nitrate
• Magnesium hydroxide
ENVIRONMENTAL IMPACT ANALYSIS:
Chemical dosing stations are described in Section 2.2 of the SEIR. Environmental impacts
associated with the new station are evaluated in Chapter 3 of the SEIR.The SEIR does not
include details about this specific station,as at the time of certification of the SEIR, a location
had not been identified or secured.This addendum describes and evaluates the environmental
impacts of the Garden Grove Sanitary District's Tiffany Pump Station chemical feed station.
Provided below is a review of the conclusions included in the SEIR and an evaluation of the
environmental impacts as they pertain to this specific location.
Aesthetics:
The SEIR concluded that the storage tanks could be visible from adjacent land uses.As such, the
tanks should be installed within city yards, pump stations or private industrial yards and any
additional tank should be installed in a utility yard.
The Garden Grove Sanitary District Pump Station meets the criteria set forth in the SEIR as this
is located within a pump station.The tank is installed behind a fence/wall and out of view to
the residences and to the extent possible for the commercial site. It is set over 75 feet from the
street.
The tanks do not result in new significant environmental effects or a substantial increase in the
severity of significant effects related to aesthetic from those determined in the SEIR.
Air Quality:
The SEIR concluded that the operation of the continuous feed stations would not have a
significant impact to air quality.There will be up to approximately two to three truck deliveries
a week, and the emissions are not significant. In addition,the chemical dosing would reduce
objectionable odors generated by the collection system which results in a beneficial impact.
2
Geology and Soils:
The SEIR concluded that the aboveground storage tanks could potentially be located in close
proximity to fault splays. As such,tank specifications include a second containment to provide
added protection from seismic hazards.The chemical storage tanks are designed to withstand
ground shaking and avoid a potential spill during a seismic event.Therefore, the impacts
remain less than significant.
Hazards and Hazardous Materials:
The SEIR notes that the Odor Control Program project would include the transport, storage and
use of diesel fuel and odor reduction chemicals that could pose a spill or leak hazard. However,
when handled properly the chemicals do not pose a significant health risk to the surrounding
land uses.The Sanitation District has implemented an Integrated Emergency Response Program
(IERP)that includes a Spill Prevention Containment and Countermeasure Plan which includes
structural specifications for storage tanks, monitoring, secondary containment capacity
requirements, leak detection and alarms, emergency response procedures, reporting
requirements,etc.
The minor changes to this project from the SEIR, which do not create a significant impact,are
the type of chemicals that may be stored at the site.The SEIR mentions calcium nitrate,ferric
chloride, ferrous chloride, sodium nitrate, and magnesium hydroxide as possible dosing
chemicals. Chemicals that may be used at the City of Garden Grove Tiffany Pump Station
chemical dosing station include, but are not limited to,ferrous chloride magnesium hydroxide,
and calcium nitrate. If chemicals other than those listed are used,they will be of similar or less
hazardous nature.
Ferrous chloride is a greenish yellow liquid with a slight odor of iron/acid. It is corrosive but not
flammable. It is listed as a hazardous chemical. The material is stable when handled properly. It
is acidic and corrodes most metals. It can be absorbed into the body by inhalation, ingestion
and can be irritating to the eyes and skin. It may be toxic or fatal if swallowed in sufficient
quantity.
Magnesium hydroxide is an odorless white liquid slurry.The product is not flammable or
combustible and poses little health risk. The dried product dust may pose a nuisance but is not
otherwise regulated. Exposure routes are through inhalation of dried product/dust, ingestion,
or exposure to skin/eyes.
Calcium nitrate is a clear liquid with no odor.The product is not flammable or combustible. It is
not listed as a hazardous chemical. Exposure routes are through inhalation, ingestion and skin
and/or eye contact.
These chemicals are used as part of the normal Odor Control Program. Various chemical dosing
stations throughout the Sanitation District service area safely use these same chemicals.Strict
measures are taken to ensure the instructions listed in the Safety Data Sheets are followed and
the chemicals are used as intended. In addition, site access is restricted,the tank is double
3
contained to hold spills,and appropriate personal protective equipment will be used by those
at the tank site to reduce the risk of exposure.
The minor deviations from the SEIR described in this section would not result in new significant
environmental effects or a substantial increase in the severity of significant effects related to
hazards and hazardous materials from those determined in the SEIR.
Hydrology and Water Quality:
The SEIR concluded that chemicals used in the Odor Control Program could impact water
quality if a spill were to occur. However,the implementation of best management practices
(BMPs) and spill prevention, countermeasure, and control measures (SPCC) would reduce the
impact to less than significant.
Noise:
The Odor Control Program requires the installation of an aboveground chemical storage tank;
however,the tank was installed as part of the Phase I Research so no additional installation is
needed at this time. If chemical suppliers are changed due to periodic re-bidding of the
contract,a new tank and associated equipment would be installed. Noise is expected to be
minimal and of short duration. Pumps are contained in an enclosure to reduce noise level.
Approximately two to three truck trips per week are required for chemical deliveries. The truck
trips would not raise ambient noise in the area significantly and as such would not be
considered a significant noise impact.
Transportation/Traffic:
The chemical deliveries at the Garden Grove Sanitary District's Tiffany Pump Station would
occur several times per month.The storage tank is located at the City pump station, and their
staff have full access to the tank. The delivery of the chemical would not cause traffic, interfere
with access or create lane closures,the existing conditions would remain the same. As such,
there is less than significant impact.
FINDINGS FOR APPROVAL FOR ADDENDUM NO. 2 TO THE SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM
ODOR&CORROSION CONTROL PROGRAM:
1. Environmental impacts of chemical dosing stations throughout the service area were
evaluated in the SEIR certified by the Sanitation District Board of Directors in November
2002,for the program.
2. Minor technical changes and identification of location.
3. The project modifications would not result in new significant environmental effects or
an increase in the severity of significant effects from those determined bythe SEIR
certified by the Sanitation District Board of Directors in 2002. There have also been no
substantial changes in the circumstances surrounding the project since the preparation
4
of the 2002 SEIR other than the identification of specific locations for dosing stations,
which was expected under the SEIR.
4. No new information of substantial importance has come to light since the preparation
of the 2002 SEIR regarding significant effects of the project,the severity of the project's
effects, or feasible mitigation measures. New information is now available regarding
the efficacy of certain chemicals, but this will not significantly alter the project's effects
or the infrastructure required for the dosing station.
s'
Garde e,ro e,C
Garden Grove.CA 92845 IIII "➢!
Figure 1:Tiffany Pump Station aerial view
5
Figure 2:Tiffany Pump Station view from Bailey Street towards Valley View Street
i
Figure 3:Tiffany Pump Station view from Bailey Street towards Valley View Street and Tiffany
Street
6
Figure 4:Tiffany Pump Station view from parking lot
i ,3,, _
nun
i
................
Figure S: Photo of existing tank, pump and monitor/controller
7
II •
T s f
E
Figure 6: Photo of existing pump and monitor/controller
\\ V
PAVED LOT
yl
\ 0� BUILDING
/ Z
PAVED LOT Z3
J
FMISIINL NEL'M1L
OWILE WAlNIM LPLCNM
FEED E STOPPLE iPHM /
.EEO
uttVUELE
oWRE
C.
r Dl.ISLN..LE -NE
Figure ®{
Figure 7: Plan view of Tiffany Pump Station with chemical dosing equipment
8
e t-
i
Figure 9: Pump and enclosure details
K�AR�E UK
I a
Figure 10:Storage and feed system plan and elevation
10
OPERATIONS COMMITTEE Meeting Dale TOBd.of Dir.
010617 09/27/17
AGENDA REPORT Bmmllurnber IemNumber
0
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: ADDENDUM NO. 3 TO FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX
AND COLLECTION SYSTEM ODOR & CORROSION CONTROL
PROGRAM
GENERAL MANAGER'S RECOMMENDATION
Consider, receive, and file the Orange County Sanitation District's Addendum No. 3 to
the Supplemental Environmental Impact Report forthe Final Effluent Pump Station Annex
and Collection System Odor & Corrosion Control Program, dated September 6, 2017, to
accommodate odor and corrosion control chemical addition at Costa Mesa Sanitary
District's Mendoza Pump Station.
BACKGROUND
In November 2002, the Orange County Sanitation District (Sanitation District) Board of
Directors certified the Final Supplemental Environmental Impact Report (SEIR) for the
Final Effluent Pump Station Annex and Collection System Odor & Corrosion Control
Program. The SEIR analyzed the environmental impacts of numerous continuous feed
systems throughout the service area that were part of a pilot program.
This addendum, prepared in accordance with the California Environmental Quality Act
(CEQA) and its implementing guidelines, addresses the addition of a continuous feed
chemical dosing station in the City of Costa Mesa as described in the SEIR.
RELEVANT STANDARDS
• Meet CEQA and NEPA standards
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
PROBLEM
The Sanitation District owns and maintains a regional sewer collection system throughout
its service area. The Sanitation District's collection system generates odorous gases,
primarily hydrogen sulfide, which can be released into the air creating a nuisance to
communities near the system. The Sanitation District's Baker-Main Trunk Sewer can
experience odors if left untreated.
Page 1 d 3
PROPOSED SOLUTION
To reduce the nuisance, the Sanitation District implements an odor and corrosion control
program for the collection system, which includes among many tools, the application of
chemicals in trunk sewers to minimize the hydrogen sulfide production as the wastewater
is conveyed from the collection system to the Sanitation District's treatment plants. Staff
recommends the addition of a chemical dosing station at the Costa Mesa Sanitary
District's Mendoza Pump Station, which is tributary to the Baker-Main Trunk Sewer. The
addition of this application site will address odors along the Baker-Main Trunk Sewer.
TIMING CONCERNS
The Sanitation District has historically dosed chemicals at the Irvine Ranch Water
District's (IRWD) Michelson Water Recycling Plant; however, IRWD plans to bring a
sludge processing facility on-line in 2018. Once this facility is on-line, IRWD will cease
sending solids to the Sanitation District. The impact of this change is that the Sanitation
District will no longer have a carrier for the existing chemical. Delivery of chemical at the
Mendoza Pump Station prior to the change at IRWD will allow the Sanitation District to
optimize the treatment and understand if it will provide sufficient treatment for the Baker-
Main Trunk Sewer. CEQA action is necessary for operation of this chemical application.
RAMIFICATIONS OF NOT TAKING ACTION
The project cannot proceed without this addendum.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
In April 2017, the Sanitation District approved a Site Access and License Agreement with
Costa Mesa Sanitary District to utilize this space.
CEQA
Staff prepared this Addendum No. 3 to the Final Effluent Pump Station Annex and
Collection System Odor and Corrosion Control Program Supplemental Environmental
Impact Report (SCH #1997101065), certified in November 2002 to address the Mendoza
Pump Station dosing station. Costa Mesa Sanitary District staff have been consulted as
this project is located at their pump station.
In addition, new construction of small structures and accessory structures are exempt
from CEQA, Sections 15303 (Class 3) and 15311 (Class 11), respectively. An NOE and
NOD will be filed after the Board approves Addendum No. 3.
Page 2 of 3
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OOSD website (www.ocsd.corn with the
complete agenda package:
• Addendum No. 3 to Final Supplemental Environmental Impact Report for the Final
Effluent Pump Station Annex and Collection System Odor & Corrosion Control
Program
CD:sa:gc
Page 3 d 3
ADDENDUM NO. 3 TO THE
ORANGE COUNTY SANITATION DISTRICT'S
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR &
CORROSION CONTROL PROGRAM
STATE CLEARINGHOUSE NO.: 1997101065
LEAD AGENCY: Orange County Sanitation District
DATE: September 6, 2017
PURPOSE OF ADDENDUM:
In November 2002,the Orange County Sanitation District (Sanitation District) Board of Directors
certified the Final Supplemental Environmental Impact Report(SEIR) for the Final Effluent Pump
Station Annex and Collection System Odor&Corrosion Control Program (SCH No. 1997101065).
The SEIR analyzed the environmental impacts of numerous existing continuous feed systems
throughout the service area that were part of a pilot program.
This addendum, prepared in accordance with the California Environmental Quality Act(CEQA)
(Public Resources Code Section 21000 et seq.) and its implementing Guidelines (California Code
of Regulations Title 14, Chapter 3, Section 15000 et seq.), addresses the addition of a
continuous feed chemical dosing station as described in the SEIR.
PROJECT DESCRIPTION:
Sanitation District's collection system generates odorous gases, primarily hydrogen sulfide,
which can be released into the air creating a nuisance to surrounding land uses.To reduce the
nuisance,Sanitation District conducts an odor and corrosion control program for the collection
system that currently consists of applying chemicals in the upper, middle and lower reaches of
the trunk sewer collection system.The application of the various chemicals is applied
intermittently to minimize the hydrogen sulfide production as the wastewater is conveyed from
the collection system to Sanitation District's treatment plants.
The Sanitation District plans to install a chemical dosing station to add ferrous chloride for
continuous odor treatment to the Baker-Main trunk line at Costa Mesa Sanitary Districts'
(CMSD) Mendoza Pump Station (also known as Pump Station 18). The address is 2899
Mendoza Drive, Costa Mesa, CA 92626. The surrounding land uses include multiple family
residential,general industrial, an elementary school, and single family residential.The pump
station is bounded on the south by a flood control channel (Paularino Channel) and accessed
through an alley/driveway for the multi-family residential.The school is located across
Mendoza, approximately 125 feet from the Mendoza Pump Station.
The dosing station will include the installation and operation of an 8,400-gallon chemical tank,
feed system equipment,and feed controls. The purpose is to control hydrogen sulfide (H2S)
1
vapor and liquid levels to OCSD's level of service (LOS) standards, mitigate odors, and odor
complaints. The Sanitation District has historically dosed chemicals at the Irvine Ranch Water
District's(IRWD) Michelson Water Recycling Plant; however,due to upcoming changes in
operation at IRWD, it will no longer be feasible for the Sanitation District to dose odor control
chemicals at the IRWD. This change may increase odors along the Baker-Main Trunk, and the
Mendoza dosing station is being added to off-set the odors.
The chemicals that may be used at this site include, but are not limited to:
• Ferrous chloride
• Ferric chloride
• Calcium nitrate
• Magnesium hydroxide
ENVIRONMENTAL IMPACT ANALYSIS:
Chemical dosing stations are described in Section 2.2 of the SEIR. Environmental impacts
associated with the new station are evaluated in Chapter 3 of the SEIR.The SEIR does not
include details about this specific station,as at the time of certification of the SEIR,the chemical
dosing location was identified at IRWD.This addendum describes and evaluates the
environmental impacts of the Costa Mesa's Sanitary District's Mendoza Pump Station chemical
feed station.
Provided below is a review of the conclusions included in the SEIR and an evaluation of the
environmental impacts as they pertain to this specific location.
Aesthetics:
The SEIR concluded that the storage tanks could be visible from adjacent land uses.As such,the
tanks should be installed within city yards, pump stations or private industrial yards and any
additional tank should be installed in a utility yard.
The Costa Mesa Sanitary District Mendoza Pump Station meets the criteria set forth in the SEIR
as this is located within a pump station.The tank and equipment will be installed behind a
fence with screening material and out of view to the residences to the extent possible for the
site.The fence height is planned at 10 feet and the tank height at its center is anticipated to be
10.5 feet. The top of the tank may be visible from the second floor of nearby multi-unit
residential buildings.
The tank does not result in new significant environmental effects or a substantial increase in
the severity of significant aesthetic effects from those determined in the SEIR.
2
Air Quality:
The SEIR concluded that the operation of the continuous feed stations would not have a
significant impact to air quality.There will be up to approximately two to three truck deliveries
per week, and the emissions are not significant. In addition,the chemical dosing would reduce
objectionable odors generated by the collection system,which results in a beneficial impact.
Geology and Soils:
The SEIR concluded that the aboveground storage tanks may be located in close proximity to
fault splays.As such,tank specifications include a second containment to provide added
protection from seismic hazards.The chemical storage tanks are designed to withstand ground
shaking and avoid a potential spill during a seismic event.Therefore,the impacts remain less
than significant.
Hazards and Hazardous Materials:
The SEIR notes that the Odor Control Program project would include the transport, storage and
use of diesel fuel and odor reduction chemicals that could pose a spill or leak hazard. However,
when handled properlythe chemicals do not pose a significant health risk to the surrounding
land uses.The Sanitation District has implemented an Integrated Emergency Response Program
(IERP)that includes a Spill Prevention Containment and Countermeasure Plan which includes
structural specifications for storage tanks, monitoring, secondary containment capacity
requirements, leak detection and alarms, emergency response procedures, reporting
requirements,etc.
The minor changes to this project from the SEIR, which do not create a significant impact,are
the type of chemicals that may be stored at the site.The SEIR mentions calcium nitrate,ferric
chloride, ferrous chloride, sodium nitrate, and magnesium hydroxide as possible dosing
chemicals. Chemicals that may be used at the Mendoza Pump Station chemical dosing station
include, but are not limited to,ferrous chloride, ferric chloride, magnesium hydroxide, and
calcium nitrate.
Ferrous chloride is a greenish yellow liquid with a slight odor of iron/acid. It is corrosive but not
flammable. It is listed as a hazardous chemical. The material is stable when handled properly. It
is acidic and corrodes most metals. It can be absorbed into the body by inhalation, ingestion
and can be irritating to the eyes and skin. It may be toxic or fatal if swallowed in sufficient
quantity.
Magnesium hydroxide is an odorless white liquid slurry.The product is not flammable or
combustible and poses little health risk. Exposure routes are through inhalation, ingestion, and
skin and/or eye contact.
Calcium nitrate is a clear liquid with no odor.The product is not flammable or combustible. It is
non hazardous. Exposure routes are through inhalation, ingestion and skin and/or eye contact.
These chemicals are used as part of the normal Odor Control Program. Various chemical dosing
stations throughout the Sanitation District service area safely use these chemicals. Strict
3
measures are taken to ensure the instructions listed in the Safety Data Sheets are followed and
the chemicals are used as intended. In addition, site access is restricted,the tank is double
contained to hold spills,and appropriate personal protective equipment will be used by those
at the tank site to reduce the risk of exposure.
The minor deviations from the SEIR described in this section would not result in new significant
environmental effects or a substantial increase in the severity of significant effects related to
hazards and hazardous materials from those determined in the SEIR.
Hydrology and Water Quality:
The SEIR concluded that chemicals used in the Odor Control Program could impact water
quality if a spill were to occur. However,the implementation of best management practices
(BMPs) and spill prevention, countermeasure, and control measures (SPCC) would reduce the
impact to less than significant.
Noise:
The Odor Control Program requires the installation of an aboveground chemical storage tank;
Installation is expected to be completed in five (S) days or less and the sources of noise include
truck noise and jackhammering. If chemical suppliers are changed due to periodic re-bidding of
the contract, a new tank and associated equipment would be installed. Noise is expected to be
minimal and of short duration. Pumps are contained in an enclosure to reduce noise level.
Approximately two to three truck trips per week are required for chemical deliveries. The truck
trips would not raise ambient noise in the area significantly and as such would not be
considered a significant noise impact.
Transportation/Traffic:
The chemical deliveries at the Mendoza Pump Station would occur several times per week.The
storage tank is located at the CMSD pump station, and CMSD staff have full access to the tank.
The delivery of the chemical would not cause traffic, interfere with access or create lane
closures,the existing conditions would remain the same. As such,there is less than significant
impact.
FINDINGS FOR APPROVAL FOR ADDENDUM NO. 3 TO THE SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM
ODOR&CORROSION CONTROL PROGRAM:
1. Environmental impacts of chemical dosing stations throughout the service area were
evaluated in the SEIR certified by the Sanitation District Board of Directors in November
2002,for the program.
2. Minor technical changes and identification of location.
3. The project modifications would not result in new significant environmental effects or
an increase in the severity of significant effects from those determined bythe SEIR
4
certified by the Sanitation District Board of Directors in 2002. There have also been no
substantial changes in the circumstances surrounding the project since the preparation
of the 2002 SEIR other than the identification of specific locations for dosing stations,
which was expected under the SEIR.
4. No new information of substantial importance has come to light since the preparation
of the 2002 SEIR regarding significant effects of the project,the severity of the project's
effects, or feasible mitigation measures. New information is now available regarding
the efficacy of certain chemicals, but this will not significantly alter the project's effects
or the infrastructure required for the dosing station.
iAiAkSWES J Jil T?.
Figure 1: Mendoza Pump Station aerial view
5
Figure 2: Mendoza Pump Station view from Mendoza Drive
Figure 3:View of Mendoza Pump Station at sidewalk and Flood Control Access Road
6
Figure 4: View of Mendoza Pump Station from alley/driveway
i
Figure 5: Fencing at similar chemical dosing station
7
Figure 6:View of similar chemical dosing station tank/fence with access gate open
_ __ �------------------------- ---------
0
444444
�R y
sy
Figure 7: Side view of similar housing for pump and monitor/controller
8
hill
o O 9
Figure 8: Plan view of Mendoza Pump Station
hill
-L'1
TFT
Figure 9: Detail plan view of Mendoza Pump Station with chemical dosing equipment
9
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
09/06/17 Og/27/17
AGENDA REPORT emNumber Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: GENERAL AND SEMI-SKILLED LABOR REPAIRS AND SERVICES
CONTRACT
GENERAL MANAGER'S RECOMMENDATION
A. Award a Purchase Order Contract to Tiano Construction, Inc. (primary), Golden
West Corp., and IDA Construction (secondary and tertiary) for labor services,
Specification No. S-2017-85813D, for the period October 1, 2017 through
September 30, 2018, for a combined total annual amount not to exceed $300,000,
with four one-year renewal options; and
B. Approve an annual contingency of$30,000 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) has historically contracted out
certain general and semi-skilled labor tasks including, but not limited to, tunnel cleaning,
clean-out of storm and catch basins, power washing process areas to remove bird
droppings, fence repair, trenching and asphalt repair, and concrete patching.
Staff developed a scope of work to competitively bid the estimated annual amount of work
to include general and semi-skilled labor. 313 vendors were notified and six competitive
bids were received.
Staff is recommending awarding a primary, secondary, and tertiary service provider for
prevailing wage and non-prevailing wage work. If the primary provider is unable to meet
the requirements of a request, the secondary or subsequently the tertiary provider could
be used. The combined total cost of services provided will not exceed $300,000 per year,
up from$200,000 in the previous contract. This increased amount is based on anticipated
increases in prevailing wage costs.
RELEVANT STANDARDS
• Efficiency efforts reduce the cost to provide the current service level or standard
Maintain a proactive asset management program
PROBLEM
Civil Facilities work is dependent upon contract services that have expired.
Page 1 of 3
PROPOSED SOLUTION
Enter into a contract for general and semi-skilled laborto address ongoing work demands.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Backlog of tasks will continue to grow due to labor constraints and many of the tasks will
not be completed in a timely manner.
PRIOR COMMITTEE/BOARD ACTIONS
June 2012 - Award a contract to Golden West Corporation (primary) and Tiano
Construction, Inc. (secondary) for labor services, Specification No. 5-2012-526, for the
period July 1, 2012 through June 30, 2013, for a combined total annual amount not to
exceed $200,000 with four one-year renewal options and annual contingency of$20,000
(10%).
ADDITIONAL INFORMATION
The Sanitation District advertised for bids on May 12,2017. Six sealed bids were received
on June 27, 2017. The bids were evaluated in accordance with the Sanitation District's
policies and procedures. Staff recommends awarding a primary, secondary, and tertiary
contract to the lowest responsive and responsible bidders as follows:
Company Prevailing Non-
Wage Markup Prevailing
Wage
Tiano Construction, Inc. $29.00 15 $29.00 15
Golden West Corp. $40.00 3 tl $35.00 2ntl
IQA Construction $36.00 2ntl $45.00 3rd
MNZ Contruction Inc. $43.00 $65.00
Excel Door & Gate Co. Inc. $64.00 $79.00
BWW & Company $189.00 $164.00
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in the FY17/18 Budget Update, Divisions 870
Page 2 of 3
and 880 (Line item: Repairs and Maintenance, Page 49). Project contingency funds may
be used for these contracts.
Date of Approval Contract Amount Contingency
09/27/17 $300,000 $30,000
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
09/06/17 Og/27/17
AGENDA REPORT IWrn1umber Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: CORRECTIVE MAINTENANCE OF PLANT NO. 1 AERATION BLOWER
NO. 2
GENERAL MANAGER'S RECOMMENDATION
A. Approve a sole source purchase order contract for parts and services to Siemens
Demag Delaval Turbomachinery Inc. (SDDTI) to repair Aeration Blower No. 2 in
the amount of$281,196; and
B. Approve a contingency of$56,239 (20%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) utilizes nine Turblex Blowers
in the secondary treatment step to provide air for the biological processes. The blowers
are vital to the secondary treatment process and require reliable operation to maintain
effective treatment.
Three of the blowers at Reclamation Plant No. 1 recently underwent a major maintenance
service, coinciding with 36,000 hours of operation. Two of the three blowers were
repaired; however, one of the blowers was found to need more extensive repairs. This
request will address the additionally required repairs on Blower No. 2.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• Maintain a proactive asset management program
• Meet discharge permit 24/7/365
PROBLEM
The Blower No. 2 drive shaft and rotor have been found to have abnormal wear and
deterioration. These components will need to be replaced in order to provide reliable
operation of the aeration system.
PROPOSED SOLUTION
Approve a contract with SDDTI to supply the parts and conduct the needed repairs to
Blower No. 2.
Page 1 of 2
TIMING CONCERNS
Completing these additional repairs as soon as possible will ensure the Plant is prepared
for the high flow wet season as well as allow for other blowers to be maintained on
schedule.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to take action will result in the blowers reaching catastrophic failure, resulting in
higher repair or replacement costs of the equipment.
PRIOR COMMITTEE/BOARD ACTIONS
December 2016 — approved SDDTI as the approved sole source original equipment
service provider for Turblex Blowers.
October 2016 - Ratified the sole source service agreement to Siemens Demag Delaval
Turbomachinery, Inc. to perform a Class I mechanical service and variable diffuser arm
bushing retrofit and installation on aeration blower Nos. 2, 4, and 5, in the amount of
$326,185; and a 20% contingency.
ADDITIONAL INFORMATION
N/A
CECA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in the FY17-18 Operating Budget Update (Line
item: Repairs and Maintenance, Page 49).
Date of ADDroval Contract Amount Continaencv
09/27/2017 $281,196 $56,239(20%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 2 d 2
OPERATIONS COMMITTEE Meeting Date Ta Bd.of Dir.
09/06/17 Og/27/17
AGENDA REPORT em1umber Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: GENIE 65 FOOT BOOM AERIAL LIFT PLATFORM COOPERATIVE
PROCUREMENT WITH TEREX GENIE
GENERAL MANAGER'S RECOMMENDATION
Approve the purchase of one (1) Genie S-65 foot boom aerial lift platform using the
National Joint Powers Alliance cooperative Contract Number 042815-TER with GENIE
TEREX PAPE Materials Handling for a total cost of $105,888, in accordance with
Ordinance No. OCSD47, Section 2.03(B), Cooperative Purchases.
BACKGROUND
The Orange County Sanitation District (Sanitation District) currently operates two Genie
S-65 foot boom aerial lift platforms (man lift), one at each plant. The Plant No. 2 man lift
was budgeted this year for replacement due to extensive maintenance to keep
operational. Repair costs for the Plant No. 2 man lift are five times greater than repair
costs for the Plant 1 man lift for the same period.
RELEVANT STANDARDS
• Participate in National Joint Powers Authority (NJPA) cooperative purchasing
program
• Consider life-cycle costs in all decisions
PROBLEM
The existing man lift has reached the end of its useful life and requires extensive repairs
to remain operational. Recent repairs to this man lift are related to above normal corrosion
due to the man lifts location at Plant 2. Repairs include: repair or replacement of electrical
components, control system components, electrical wiring, hydraulic hoses, and power
units. The man basket is corroded and has become a safety concern. The man lift is used
on a daily basis by Operations and Maintenance staff. Rental of a replacement man lift
will cost $4600/month or$55,200 annually.
PROPOSED SOLUTION
Staff is seeking approval to purchase requested equipment.
Page 1 of 2
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
If the man lift is not replaced, the Sanitation District will incur higher maintenance repair
costs and possible exposure to safety and reliability issues.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Seeking the lowest price, the Sanitation District is utilizing the NJPA agreement. This
agreement is with Terex Genie however, this purchase will be made to Terex Genie's
equipment dealer, Pape Material Handling. The NJPA is a public agency that serves as
a cooperative for over 50,000-member agencies nationally. The Sanitation District is a
member of the NJPA at no cost. NJPA offers a multitude of cooperatively contracted
products, equipment, and services opportunities to education and government entities
throughout the country.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted through the Capital Equipment Budget
Summary (Fiscal Year 2017-2018 Budget Update Appendix (Line Item: 822-Fleet
Services, Pages A-21).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.corn with the
complete agenda package:
N/A
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date Ta Bd.of Dir.
09/06/17 09/27/17
AGENDA REPORT IWm1umber Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: TAYLOR-DUNN CART PURCHASE FROM YALE CHASE EQUIPMENT
AND SERVICES, INC.
GENERAL MANAGER'S RECOMMENDATION
A. Authorize the award of a sole source purchase of twenty-seven (27) Taylor-Dunn
electric carts from Yale Chase Equipment and Services, Inc., in accordance with
03/28/01 Minute Order 12(C), for a total cost of $317,342 to include tax and
delivery; and
B. Approve a contingency of$15,868 (5%).
BACKGROUND
The Orange County Sanitation District(Sanitation District) has approximately 180 electric
carts. Staff uses the carts to travel throughout the treatment plants. Carts are used in
place of cars or trucks to reduce costs and pollution. The Sanitation District's FY 2017-
18 budget provides for replacement of 22 carts that are at the end of their useful life or
that require excessive maintenance to keep operational. The average age of these carts
is 17.5 years and their cost to maintain averages twice the original purchase cost. In
addition, an additional five new carts are being requested for additional maintenance staff
that was added.
In order to reduce maintenance costs associated with multiple vendors, training costs,
parts, and warehouse costs, in 2001 the Board of Directors authorized staff to standardize
one cart manufacturer for future procurements. Taylor-Dunn was the selected cart
manufacturer through a competitive evaluation process for the following reasons:
• High reliability within a process environment (near ocean, chemical environment)
• Higher payload rapacity, allowing for safe transport of maintenance equipment and
tools on the cart
• Ability to tow 7,500 lbs., or greater, for transporting portable equipment without
relying on light duty pick-up trucks
• Local service support and stocking center
RELEVANT STANDARDS
• Efficiency efforts reduce the cost to provide the current service level or standard
• Consider life-cycle costs in all decisions
Page 1 d 2
PROBLEM
The Sanitation District identified 22 carts for replacement in FY 2017-18 and five (5)carts
for additional Maintenance staff. The carts that need replacement are extremely corroded
due to exposure to salt air or cannot be properly maintained due to age.
PROPOSED SOLUTION
Replace 22 aging carts and procure five (5) new carts for additional staff.
TIMING CONCERNS
Operations and Maintenance staff uses the carts at both treatment plants to conduct
process rounds and service the plant equipment. The carts need to be removed from
service due to corrosion or inability to maintain them. Without carts, work assignments
would slow down.
RAMIFICATIONS OF NOT TAKING ACTION
If these vehicles were not replaced, we would incur excessive maintenance costs
servicing the existing carts and increased exposure to safety and reliability issues.
PRIOR COMMITTEE/BOARD ACTIONS
March 2001 - Authorized the Sanitation District to recognize Taylor-Dunn as the
Sanitation District's standard and sole manufacturer for electric cart purchases.
ADDITIONAL INFORMATION
The carts will be purchased from Yale Chase Equipment and Services, Inc. as they are
the only authorized exclusive dealer for Taylor-Dunn products in Los Angeles, Orange,
Riverside, and San Bernardino counties.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. These items have been budgeted in the FY 2017-18 Budget Update, Capital
Equipment Budget Summary (822 — Fleet Services, pp. A 20-21).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
N/A
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TOBd.Of Dir.
09/06/17 09/27/17
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117
GENERAL MANAGER'S RECOMMENDATION
A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the Ocean Outfall System
Rehabilitation, Project No. J-117, and Outfall Low Flow Pump Station, Contract
No. J-117B, prepared by Brown and Caldwell and Environmental Science
Associates;
B. Adopt Resolution No. OCSD 17-XX, making certain findings and adopting the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
pursuant to the California Environmental Quality Act; and
C. Approve a contingency increase of $677,801 (10%) to the Professional Design
Services Agreement with Brown and Caldwell for Ocean Outfall System
Rehabilitation, Project No. J-117, for a total contingency of$3,727,907 (55%).
BACKGROUND
The Orange County Sanitation District's (Sanitation District) treated effluent is either
delivered to the Groundwater Replenishment System (GWRS)for recycling or is pumped
to the ocean ouffall. With increased recycling, ocean outfall flows have dropped to the
point where the existing pumps cycle on and off, creating operational and maintenance
problems. To address this, a new Low Flow Pump Station will be constructed. The
existing Ocean Ouffall Booster Station (OOBS) will still be needed for wet-weather flow
and during GWRS system maintenance outages at Plant No. 2. The existing station built
in the late 1980s requires extensive rehabilitation, along with power distribution upgrades.
Increased recycling also requires separation of reclaimable and non-reclaimable flows,
which will primarily be addressed by the Headworks Modifications at Plant No. 2 for
GWRS Final Expansion, Project No. P2-122. Separation also requires replacement of
the Plant Water Pump Station, which would otherwise send non-reclaimable effluent to
the reclaimable portion of the plant. The Orange County Water District will reimburse the
Sanitation District costs of the Headworks Modifications and the Plant Water Pump
Station relocation.
Plant No. 2 is located over the Newport-Inglewood Fault, and recent geotechnical
explorations have more precisely identified active faults zones. The State of California
prohibits construction of occupied structures on a fault zone, but does allow non-occupied
structures to be built on a fault zone, provided mitigation measurements are incorporated
to withstand ground displacement resulting from a fault rupture.
Page 1 of 3
Sanitation District staff intend to avoid constructing new facilities on these active fault
zones whenever practical. In the case of the Plant Water Pump Station, no reasonable
alternative was found, given various site and hydraulic constraints. As a result, significant
additional engineering effort will be required for evaluation and design of mitigation
measures for ground displacement.
The California Environmental Quality Act (CEQA) requires public agencies to participate
in an environmental review process for all projects which are defined as a discretionary
action with potential physical effects on the environment. Pursuant to CEQA, an Initial
Study/Mitigated Negative Declaration (IS/MND) was prepared because the project, with
mitigation, will not have a significant effect on the environment.
RELEVANT STANDARDS
• Meet CEQA standards
• Support OCWD expansion of GWRS
PROBLEM
Additional design efforts are required for the evaluation and design of fault displacement
mitigation measures for the Plant Water Pump Station, which will exceed the existing
Board-authorized contract contingency.
PROPOSED SOLUTION
Increase the contract contingency for the Professional Design Services Agreement to
allow staff to negotiate and authorize scope and budget changes.
TIMING CONCERNS
Engineering evaluations and designs are required to complete the project design, which
is on the critical path for accommodating the GWRS Final Expansion project.
RAMIFICATIONS OF NOT TAKING ACTION
The design could not be completed, and other provisions would need to be identified and
designed to accommodate separation of reclaimable and non-reclaimable flows to
support the GWRS Final Expansion.
PRIOR COMMITTEE/BOARD ACTIONS
November 2016 -Approved a budget increase of$28,517,000 for Ocean Outfall System
Rehabilitation, Project No. J-117, fora total budget amount of$91,000,000, and approved
a contingency increase of $2,372,305 (35%) to the Professional Design Services
Agreement with Brown and Caldwell for Ocean Outfall System Rehabilitation, Project
No. J-117, for a total contingency of$3,050,106 (45%).
Page 2 of 3
February 2015 - Approved a Professional Design Services Agreement with Brown &
Caldwell to provide engineering design services for the Ocean Outfall System
Rehabilitation, Project No. J-117,for an amount not to exceed $6,778,015, and approved
a contingency of$677,801 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
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 and will be mitigated to a
level of less than significance. In light of the whole record,there is no substantial evidence
that the project as revised may have a significant effect on the environment. On this basis,
a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was
prepared. (Public Resources Code § 21064.5; CEQA Guidelines § 15070). A 30-day
public review period commenced on July 6, 2017. The Draft IS/MND was also submitted
to the State Clearinghouse for a 30-day comment period (State Clearinghouse No.
2017071012) on July 6, 2017. The Sanitation District received comments on the Draft
IS/MND, which are attached as Appendix C to the IS/MND. Responses to comments
have also been included in Appendix C to the IS/MND.
The proposed Resolution making CEQA findings and adopting the IS/MND and Mitigation
Monitoring and Reporting Program is attached for the Board's consideration and
approval.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (FY 2017-18 Budget Update, Page A-8), and
the budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
02/25/15 $6,778,015 $ 677,801 (10%)
11/16/16 $2,372,305 (35%)
09/27/17 $ 677,801 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Resolution No. OCSD 17-XX
• Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program
VP:dm:gc
Page 3 of 3
RESOLUTION NO. OCSD 17-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING
THE MITIGATED NEGATIVE DECLARATION FOR THE
OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT
NO. J-117, OUTFALL LOW FLOW PUMP STATION,
CONTRACT NO. J-11713; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM; AND
APPROVING THE OCEAN OUTFALL SYSTEM
REHABILITATION, PROJECT NO. J-117, OUTFALL LOW
FLOW PUMP STATION, CONTRACT NO. J-117B
WHEREAS, the Orange County Sanitation District (the "District") is presently
considering the approval of a project known as the Ocean Outfall System Rehabilitation,
Project No. J-117, Outfall Low Flow Pump Station, Contract No. J-11713;
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 at seq. ("CEQA")) and the CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000 at seq.), the District, as lead agency,
prepared an Initial Study/Mitigated Negative Declaration ("Mitigated Negative
Declaration') for the Project that analyzes the potential impacts of the Project and
identifies applicable mitigation measures; 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 Project and the Mitigated Negative Declaration as required by
CEQA, including a public review period of 30 days which commenced on July 6, 2017
and ended on August 5, 2017.
WHEREAS, the District has reviewed the comments received and has responded
in the Final Mitigated Negative Declaration to all significant environmental issues raised
during the review and consultation process;
WHEREAS, the comments received on the Mitigated Negative Declaration, either
in full or in summary, together with the District's responses, have been included in the
Final Mitigated Negative Declaration for the proposed Project; and
WHEREAS, the Final Mitigated Negative Declaration, including the comments
received by the District on the Initial Study/Mitigated Negative Declaration, has been
presented to the District's Board of Directors (the "Board") for review and consideration
1143523.1 OCSD 17-XX-1
prior to the approval of, and commitment to, the Project, and approval of the Final
Mitigated Negative Declaration 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 Mitigated Negative Declaration,
attached to this Resolution as Attachment 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
Mitigated Negative Declaration together with all comments received during the
public review process;
3. The Mitigated Negative Declaration 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 adopts the Mitigation Monitoring and Reporting Program
(the "MMRP"), included in Attachment A, to ensure that all mitigation measures
identified in the Mitigated Negative Declaration are implemented;
6. The Mitigated Negative Declaration has been completed in compliance with the
requirements of CEQA and is hereby adopted;
7. The Board of Directors approves the Ocean Outfall System Rehabilitation,
Project No. J-117, Outfall Low Flow Pump Station, Contract No. J-117B.
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.
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.
1143523.1 OCSD 17-XX-2
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
September 27, 2017.
Gregory C. Sebourn, PLS
Board Chairman
ATTEST:
Kelly A. Lore, CIVIC
Clerk of the Board
1143523.1 OCSD 17-Xt-3
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 17-XX was passed and
adopted at a regular meeting of said Board on the 271h day of September 2017, 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 271h day of September 27, 2017.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
1143523.1 OCSD 17-XX-4
OCEAN OUTFALL SYSTEM REHABILITATION/OUTFALL
LOW FLOW PUMP STATION (PROJECT NO. J-117B)
Final Mitigated Negative Declaration
State Clearinghouse No# 2017071012
Prepared for September 2017
Orange County Sanitation District
r ESA
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OCEAN OUTFALL SYSTEM REHABILITATION/OUTFALL
LOW FLOW PUMP STATION (PROJECT NO. J-117B)
Final Mitigated Negative Declaration
State Clearinghouse No# 2017071012
Prepared for September 2017
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TABLE OF CONTENTS
Ocean Outfall System Rehabilitation/Outfall
Low Flow Pump Station (Project No. J-117B)
Final Mitigated Negative Declaration
Section 1: Introduction.........................................................................................................1-1
1.1 CEQA Requirements...........................................................................................1-1
1.2 CEQA Process.....................................................................................................1-2
Section 2: Comment Letters and Response to Comments..............................................2-1
Letter 1: State Clearinghouse, Office of Planning and Research.................................2-2
Letter 2: California Department of Fish and Wildlife.....................................................2-5
Letter 3: County of Orange, Public Works.....................................................................2-9
Letter 4: Ann Krueger.................................................................................................2-13
Section 3, Corrections and Additions to the Draft IS/MND..............................................3-1
Section 4, Mitigation Monitoring and Reporting Program...............................................4-1
Tables
2-1 List of Agency Commenters 2-1
4-1 Mitigation Monitoring and Reporting Program for the Ocean Outfall System
Rehabilitation/Outfall Low Flow Pump Station (Project No. J-117B)............................4-2
Attachments
A Ocean Outfall System Rehabilitation/Outfall Low Flow Pump Station
(Project No. J-117B) Initial Study/Mitigated Negative Declaration (Revised)
Oman ON 1 S" R habi'MWN I EMI161M
O . Low Flow Fumysmoon(Fm( No.J11]9) symmbermn
SECTION 1
Introduction
This Final Mitigated Negative Declaration(Final MND)has been prepared for the Ocean Outfall
System Rehabilitation/Outfall Low Flow Pump Station(Project No.J-11713;referred to herein as
the"proposed project")in accordance with the California Environmental Quality Act(CEQA)as
amended(Public Resources Code Section 21000 et seq.)and CEQA Guidelines(California
Administrative Code Section 15000 et seq.).
1 .1 CEQA Requirements
To approve this Final MND,Orange County Sanitation District(OCSD)most certify that the
document: a)has been completed in compliance with CEQA; b)was presented to the OCSD Board of
Directors who reviewed and considered it prior to approving the project; and c)reflects OCSD's
independentjudgment and analysis.
CEQA Guidelines Section 15132 specifies that the Final MND shall consist of the following:
• The Draft Initial Study(IS)/MND or a revision of that draft;
• Comments and recommendations received on the Draft IS/MND
• A list of persons, organizations, and public agencies commenting on the Draft IS/MND;
• The response of the Lead Agency to significant environmental points raised in the review and
consultation process; and
• Any other information added by the Lead Agency.
This Final MND presents the following sections to comply with the CEQA Guidelines:
• Section 1: Introduction and CEQA process;
• Section 2: A list of persons,organizations,and public agencies commenting on the Draft
IS/MND,the written comments received on the Draft IS/MND,and the written responses to
each comment;
• Section 3: Corrections to the Draft IS/MND in response to comments received or initiated by
the Lead Agency; and
• Section 4: Mitigation and Monitoring Program(MMRP)
In addition,Attachment A of this Final MND contains the complete revised Draft IS/MND with
corrections incorporated in s[alceeat/underline format.
Oman 0N11 S"m R habililaWn/ -t EMI161M
OutlellL Flow pump S�ellon(Pro)ed No.J11]9) 3epmmem ZOn
1.IM puaon
1.2 CEQA Process
Public Participation Process
Notice of Intent
The Notice of Intent(NOI)to adopt an IS/MND was posted on July 6, 2017 with the County
Clerk in Orange County. The Draft IS/MND was circulated for a 30day public review until
August 5, 2017. The Draft IS/MND was circulated to federal,State,and local agencies and
interested parties requesting a copy of the Draft IS/MND.Copies of the Draft IS/MND were
made available to the public at the following locations:
• OCSD Web Site:httns://www.ocsd.com/cega
• OCSD,Administrative Office Bldg.,Engineering Planning Department,10844 Ellis Avenue,
Fountain Valley,CA 92708
• Huntington Beach Central Library—7111 Talbert Avenue,Huntington Beach,CA 92648
• Huntington Beach Banning Library—9281 Banning Avenue,Huntington Beach,CA 92646
• Newport Beach Public Library— 1000 Avocado Avenue,Newport Beach,CA 92660
Evaluation and Response to Comments
In accordance with Article 6 of the CEQA Guidelines,OCSD, as the Lead Agency,was required
to evaluate substantive environmental comments received on the Draft IS/MND. This response to
comments provides written responses to each comment received on the Draft IS/MND. OCSD's
responses to all comments received on the Draft IS/MND are provided in Section 2.
Final MND Approval
As the Lead Agency,OCSD is required to determine the adequacy of the Final MND. OCSD can
approve the Final MND if they determine that the environmental documentation is adequate.
Notice of Determination
Pursuant to Section 15094 of the CEQA Guidelines,OCSD will file a Notice of Determination
(NOD)with the Office of Planning and Research and Orange County Clerk within five working
days of project approval.
Oman 0&ol S"m R habililaWn/ 1-2 EMI161M
OutlellL Flow pump Salon(Pro)ed No.J11]9) 3epmmem ZOn
SECTION 2
Comment Letters and Response to Comments
The Draft IS/MND for the proposed project was circulated for public review for 30 days(July 6,
2017 through August 5,2017). This section contains the comment letters received on the
proposed project's Draft IS/NIND and the Orange County Sanitation District's(OCSD's)
responses to each comment within the letters. Each letter,as well as each individual comment
within the letter,has been given an assigned letter and number for cross-referencing. Table 2-1
lists all entities who submitted comments on the Draft IS/MND during the public review period.
TABLE 2-1
LIST OF AGENCY COMMENTERS
Comment Response
Lener# Commenter Data of Comment Page Number Page Number
1 State Clearinghouse,Office of Planning and Research August 7,2017 2-2 2-4
Scott Morgan,Director,State Clearinghouse
2 California Department of Fish and Wildlife August 3,2017 2-5 2-7
Gail K.Sevrens,Environmental Program Manager
South Coast Region
3 County of Orange,Public Works August 2,2017 2-9 2-11
Richard Vuong,Manager,Planning Division
OC Public Works Service Area=Development Services
4 Ann Krueger July 27,2017 2-12 2.13
Oman Ouffall Spmm Rahabiluaton/ 2-1 ESA/1610o2
Wtlell low Flow Pump Slemen(Proem W.J.117B) Sep@mlbx 2017
Comment Letter 1
STATE OF CALIFORNIA goc
Governor's Office of Planning and Research �
State Clearinghouse and Planning Unit
Edmund G.Brown 1, Ken Ale,
Governor Director
August 7,2017
Kevin Hadden
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley,CA 92708-7018
Subject Ocean Outfall System Rehabilitation;Outfall Low Flow Pump Station(Project No.J-117m
SCHM: 2017071012
Dear Kevin Hadden:
The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state
agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has
listed the state agencies that reviewed your document The review period closed on August 4,2017,and
the comments from the responding agency(ies)is(are)enclosed. If this comment package is not in order,
please notify the Slate Clearinghouse immediately. Please refer to the project's ten-digit Slate
Clearinghouse number in future correspondence so that we may respond promptly.
Please note Rut Section 21104(c)of the California Public Resources Code states that:
"A responsible or other public agency shall only make substantive comments regarding those 1-A
activities involved in a project which are within an area of expertise of the agency or which are
required to be carried out or approved by the agency. Those comments shall be supported by
specific documentation."
These comments are forwarded for use in preparing your final environmental document. Should you need
more information or clarification of the enclosed comments,we recommend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for
droll environmental documents,pursuant to the California Environmental Quality Act. Please contact the
State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review
process.
Sinkcee-reJly/�•`�•
$6ta'a7 7
organ
Director,State Clearinghouse
Enclosures
cc: Resources Agency
I IN TENTH STREET P O-BOX 3014 SACR4hIENT0,CALIFORNIA 95812 3044
TEL(916)445-MI3 It .X(916)323-3018 wwwoprca,,w
Comment Letter 1
Document Details Report
State Clearinghouse Data Base
SCHN 2017071012
Project Title Ocean Outfiall System Rehabilitation;Outfall Low Flow Pump Station(Project No.J-117B)
Lead Agency Orange County Sanitation District
Type MIND Mitigated Negative Declaration
Description The proposed project includes construction of a new pump station facility consisting of an low,flow
pump station and a plant water pump station,rehabilitation of the existing Ocean Outfall Booster
Station and Central Generation facility,and miscellaneous minor works at the Effluent Pump Station
Annex and standby power facility within me Orange County Water District Water Treatment Plant No.2
boundary.
Lead Agency Contact
Name Kevin Hadden
Agency Orange County Sanitation District
Phone (714)593-7462 Fax
email
Address 10644 Ellis Avenue
City Fountain Valley State CA Zip 92708-7018
Project Location -
County Orange
City Huntington Beach
Region
Lat/Long 33038'20'N 111705T 2VW
Cross Streets Brookhursl St and Pacific Coast Hwy(SRA)
Parcel No. Mutt
Township 6S Range 10W Section 20 Be.
Proximity to:
Highways SR-1
Airports
Railways
Waterways Santa Ana River,Pacific Ocean
Schools Various
Land Use GP:Public;Z:Industrial limited and residential ag with an oil overlay
Project issues AestheliWisual;Agricultural Land;Air Quality;Archaeologic-Historic;Biological Resources;Coastal
Zone;Cumulative Effects;Drainage/Absorption;Flood PlaiNFlooding;Forest Land/Fire Hazard;
GmlogiGSeismic;Growth Inducing;Landless;Minerals;Noise;Population/Housing Balance;Public
Services;RecreabordPadas;Sewer Capacity;Soil ErosionlCompaction/Gmdirg;Solid Waste;
ToAc/Hazardous;Tiaffic/Circulation;Vegetation;Water Quality;Water Supply;Wetland/Riparian
Reviewing Resources Agency;California Coastal Commission; Department of Fish and Wildlife,Region 5;
Agencles Department of Parks and Recreation;Department of Water Resources;California Highway Patrol;
Caltrans,Dialect 12;Native American Heritage Commission;Regional Water Quality Control Board,
Region 8;State Water Resources Control Board,Division of Water Rights;State Water Resources
Control Board,Divison of Financial Assistance;Stale Water Resources Control Board,Division of
Drinking Water,Air Resources Board,Major Industrial Projects
Date Received 07/06/2017 StartolReview 07/06/2017 Endof Review 08104/20W
Note: Blanks in data fields result from insufficient information provided by lead agency.
2.Comment Letters and Response to Comments
Letter 1 State Clearinghouse, Office of Planning and Research
Response Scott Morgan
August 7, 2017
1-A The commenter states the Draft IS/MND for the proposed project was
distributed to selected state agencies for review. The commenter
acknowledged OCSD complied with the State Clearinghouse review
requirements for draft environmental documents,pursuant to the
California Environmental Quality Act.The State Clearinghouse attached
California Department of Fish and Wildlife's(CDFW's)comment letter.
This comment is noted for the record. Comments in CDFW's letter are
bracketed and responses provided starting on page 2-5 below.
Oman Outlall Spmm Rahabilldlon/ 2-4 ESA/161 ON
Wtlell tow Flow Pump Rein pemeol W.J117B) SeplemE 2017
Comment Letter 2
Y
State of Califomia—Natural Resources Agency EDMUNDG BROWN JR Go--
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM,Director
South Coast Region =
3883 Ruffin Road
San Diego, CA 92123
(858)467-4201
www_wildlite.ca.gov
August 3, 2017
Mr. Kevin Hadden
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
CEQA@ocsd.com
Subject: Comments on the Notice of Intent to Adopt a Mitigated Negative Declaration for
Ocean Outfall System Rehabilitation/Outfall Low Flow Pump Station,
Huntington Beach, CA(SCH#2017071012)
Dear Mr. Hadden:
The California Department of Fish and Wildlife(Department) has reviewed the above-
referenced Notice of Intent to Adopt a Mitigated Negative Declaration (MND)for the Ocean
Outfall System Rehabilitation/Outfall Low Flow Pump Station Project, dated July 2017. The
following statements and comments have been prepared pursuant to the Department's authority
as a Trustee Agency with jurisdiction over natural resources affected by the project(California
Environmental Quality Act[CEQAj Guidelines § 15386)and pursuant to our authority as a
Responsible Agency under CEQA Guidelines section 15381 over those aspects of the proposed
project that come under the purview of the California Endangered Species Act(CESA; Fish and
Game Code§2050 at seq.)and Fish and Game Code(FGC)section 1600 at seq.The
Department also administers the Natural Community Conservation Planning (NCCP) program.
The project proposes to replace existing facilities with a low flow pump station. It is located 2-A
within the Orange County Sanitation District(OCSD) Plant 2, in the City of Huntington Beach,
immediately west of the Santa Ana River Trail,the Santa Ana River, and Talbert Regional Park.
The Santa Ana River serves as a major wildlife corridor for many wildlife species, especially
birds. To the south of the project area, on the shore of the Pacific Ocean west of the mouth of
the Santa Ana River, are California least tern (Stemula antillarum brown, least tern) and
"stem snowy plover(Charadrius nivosus nivosus, snowy plover)nesting colonies. Least terns
are listed as endangered under CESA and the federal Endangered Species Act(Act); they are
also fully protected under FGC section 3511(b)(6). Snowy plovers are a state species of special
concem and are listed as threatened under the Act.
The Department is concemed that the impacts of noise and stormwater/hazardous materials on
biological resources were not analyzed in the MND. The Department offers the following
comments and recommendations to assist the OCSD in avoiding or minimizing potential project
impacts to biological resources.
1. While impacts of construction noise on adjacent residences and commercial areas are 2 B
detailed (page 76), noise impacts relative to wildlife, specifically birds, are not. The
Department is concerned with potential edge effects and indirect impacts to off-site
breeding habitat, particularly noise-related impacts associated with proposed
construction activities. The MND states that noise levels could range from 75-90 dBA at
50 feet (page 78). Noise levels over 60 dBA may adversely impact the ability of birds to
Conserving California's rWildlffe Since 1870
Comment Letter 2
Mr. Kevin Hadden
Orange County Sanitation District
August 3, 2017
Page 2 of 2
engage in nesting activities and/or forage. Therefore, the Department requests further T2 B
analysis of noise impacts to birds and other wildlife in the final MND. This analysis 1
should include mitigation measures that avoid or minimize noise impacts below a level of
significance for biological resources.
2. Impacts to biological resources from stormwater impacts and/or hazardous materials
were not analyzed in the MND. Due to the high volume of species that use the Santa
Ana River, and the project's proximity to California least tern and snowy plover colonies, 2_C
the Department requests that the final MND include a discussion of whether impacts to
biological resources could result from potential stonmwater impacts. Mitigation measures
should also be included, if appropriate.
We appreciate the opportunity to comment on the draft MND for this project and to assist the
OCSD in further minimizing and mitigating project impacts to biological resources.The
Department requests an opportunity to review and comment on any response that the OCSD 2-D
has to our comments and to receive notification of the forthcoming hearing date for the project
(CEQA Guidelines; §15073(e)). If you have any questions or comments regarding this letter,
please contact Jennifer T ner at (858-467-2717), or via email at jennifer.tumer@wildlife.ce.gov.
SingeSely,
Gail K. Sevrens \
Environmental Program Manager
South Coast Region
ec: Christine Medak(U.S. Fish and Wildlife Service)
Scott Morgan (State Clearinghouse)
2.comment LeRem and RmMme W Commenm
Letter 2 California Department of Fish and Wildlife
Response Gail K. Sevrens
August 3, 2017
2-A The commenter summarizes CDFW's authorities and the primary aspects
of the proposed project. The commenter notes the proposed project's
location adjacent to the Santa Ana River Trail,Santa Ana River, and
Talbert Regional Park, specifically stating that the Santa Ana River
serves as a major wildlife corridor,particularly for avian species.The
commenter further notes the presence of California least tern(Sternula
antillarum browm)and western snowy plover(Charadrius nivosus
nivosus)nesting colonies to the south of the project area,on the shore of
the Pacific Ocean and west of the mouth of the Santa Ana River.
CDFW's authority is understood and the commenter's summary of the
proposed project is consistent with Section 2 of the Draft IS/MND.Also,
the presence of California least tern and western snowy plover nesting
colonies is referenced in Section 4.4,Biological Resources,of the Draft
IS/MND(see page 39).
2-13 The commenter suggests that while impacts of construction noise on
adjacent residences and commercial areas me detailed,noise impacts
relative to wildlife(specifically birds)are not.The commenter states that
noise levels over 60 dBA may adversely impact the ability of birds to
engage in nesting activities and/or forage and requests further analysis of
noise impacts to birds and other wildlife and mitigation measures to
avoid or minimize noise impacts below a level of significance for
biological resources.
Potential construction noise impacts to nesting birds associated with the
proposed project are specifically addressed under threshold a)in Section
4.4,Biological Resources, of the Draft IS/MND(see page 39). The Draft
IS/MND states"...there is potential for nesting birds to be indirectly
impacted as a result of construction noise, if construction occurs during
the breeding season."Mitigation Measure BIO-I is provided to address
potential noise impacts on nesting birds.This measure requires timing
construction outside of the avian breeding season(to the extent feasible)
and,if the breeding season cannot be avoided,identification and
avoidance of active nests(with an appropriately-sized buffer).A
qualified biologist will be responsible for identifying nest sites,
establishing appropriately-sized avoidance buffers, and coordinating with
CDFW and USFWS to ensure proper measures are implemented to
minimize impacts to active nest sites. The qualified biologist will
consider potential noise impacts to local bird populations when
establishing avoidance buffers.
Moreover, it should be noted that even if construction were to occur
during the breeding season,OCSD does not anticipate any noise impacts
to the California least tern and western snowy plover colonies located at
0-an Outlall Syalem Rahabilldfron/ 2-7 ESA 1161 ON
Wtlall low Flow Pump fte n(Proaa W.J111e) SeplemEx 2017
2.Comment Letters and Response to Comments
the mouth of the Santa Ana River. The nesting colonies are
approximately 0.5 mile south of the proposed project site and,at that
distance,noise generated by the loudest construction equipment
associated with the proposed project(90 dBA at 50 feet)would be below
60 dBA due to ground-effect attenuation(absorption).]
2-C The commenter states impacts to biological resources from stormwater
impacts and/or hazardous materials were not analyzed in the MND.
Referencing the high volume of species that use the Santa Ana River and
proximity to the California least tern and western snowy plover nesting
colonies,the commenter requests that the Final MND include a
discussion of potential stormwater impacts to biological resources and
identification of mitigation measures,if appropriate.
The proposed project would not result in stonnwater or hazardous
material impacts to biological resources.The proposed project would
occur within the boundaries of OCSD's Plant 2 wastewater treatment
facility where all runoff is captured on-site.Also,as discussed under
threshold a)in Section 4.9,Hydrology and Water Quality,of the Draft
IS/MND(see page 68), the proposed project would be subject to a
General Construction Permit under the National Pollutant Discharge
Elimination System(NPDES)permit program of the federal Clean Water
Act. Compliance with the General Construction Permit requires
implementation of a Stormwater Pollution Prevention Plan(SWPPP),
which will require implementation of BMPs to reduce pollutants in
stormwater. BMPs that could be used to enhance erosion control include
scheduling to avoid wet weather events;hydraulic mulching;
hydroseeding;using soil binders; straw mulching;using geotextiles,
plastic covers, and erosion control blankets/mats;and wood mulching.
BMPs would also include practices for proper handling of chemicals,
such as avoidance of fueling at the construction site and overtopping
during fueling, and installation of containment pans.
2-D The commenter requests an opportunity to review and comment on any
response that OCSD has to the comments provided and to receive
notification of the forthcoming hearing date for the project in accordance
with CEQA Guidelines Section 15073(e).
Per CEQA guidelines 15074(a),OCSD's Board of Directors will
consider the proposed MND together with comments received during the
public review process. OCSD will provide notification to CDFW of the
availability of the Final MND,which will include responses to CDFW's
comments,and the hearing date.
1 Noise levels diminish rapidly with distance from construction sites at a rate of approximately 6 dBA per doubling
of distance.A noise level of 90 dBA Ley measured at 50 feet from the noise source to the receptor would reduce to
78 dBA Lm at 100 feet from the source to the receptor,and reduce by another 6 dBA L,,to 72 dBA LP,at 200 feet
from the source to the receptor.The noise level would be approximately 60 dBA L m,at 800 feet.
Oman Ouffall Spmm Rahabilldlon/ 2-8 ESA/161 ON
Wtlell tow Flow Pump%mon(Pmeol W.J 11 no Sepusmbx 2017
Comment Letter 3
OF
C PubhcWorks .
Integrity, Accountability, Service, Trust
Shane L.Silsby,Director
e
August 2,2017 NCL-2017-045
Kevin Hadden
Orange County Sanitation District
Engineering Planning
10944 Ellis Avenue
Fountain Valley,CA 92708
Subject: Notice of Intent to Adopt a MND for Ocean Outfall System Rehabilitation
Dear Mr.Hadden:
Thank you for the opportunity to comment on the subject project that involves the construction
of a new pump station facility consisting of an Outfall Low Flow Pump Station,a Plant Water
Pump Station,plus rehabilitation of the existing Ocean Outfall Booster Station.The proposed 3-A
project site is in the vicinity of Santa Ana River and Santa Ana River Trail and Bikeway system.OC
Infrastructure Programs/Flood Program Support would like to offer the following comment for
your consideration:
Hydrology Unit
1. Any work related to the proposed project within OCFCD right-of-way will require an
encroachment permit from the County's Public Property Permits Section. In addition,all
work within OCFCD right-of-way should be performed in a manner that will not 3 B
adversely impact the hydraulic Flow conditions,access and/or maintenance
requirements of OCFCD facilities. Information regarding permit application is available
on our website—htto�//wwwocoublicworks.com/ds/permits/encroachment permits.
Santa Ana River Project Unit
1. In the event the proposed work alters,modifies,or occupies the Santa Ana River levee 3-C
system,a section 408 permit will need to be obtained from the US Army Corps of
Engineers(USACE).
2. The appropriate regulatory agencies should review the potential impacts to the sensitive
habitat within the area,especially the least tern that is located within the salt marsh 3-D
area,across from the proposed project site.
30p N.Ffo er Street,Santa Ana,CA W703 wwrv.ocpublicwnrks term
P.O.Box 4048,Santa Ana,CA 92702-40a 714 68].8800 1 Info®0CPW.oc9ov oom
Comment Letter 3
If you have any questions regarding these comments,please contact Robert McLean at(714)
647-3951 or Anna Brzezicki in Flood Programs at(714)647-3989 or Linda Smith in Development 3-E
Services at(714)667-8948.
Si a ely,
Richard Vu ,Manager,Plannin vision
OC Public Works Service Area/OC Development Services
300 North Flower Street
Santa Ana,California 92702-4048
Richard.Vuong@ocpw.ocgov.com
cc: Robert McLean,OC Infrastructure Programs/Flood Program Support
Anna Brzezicki,OC Infrastructure Programs/Flood Program Support
Ana]Corpuz, Flood Programs/Santa Ana River
300 N.Flower Street,Santa Ana,CA W703 w .00pubkl rks.mm
P.O.Box 4n48,Santa Ana,CA 92102-4048 716.661.8800 1 Info@OCPW.oc ov.wm
2.Comment 4aem and Response to common%
Letter 3 County of Orange, Public Works
Response Richard Vuong
August 2, 2017
3-A The commenter thanks OCSD for the opportunity to comment on the
proposed project and notes its location near the Santa Ana River and
Santa Ana River Trail and Bikeway system.
The commenter's description of the proposed project's location new the
Santa Ana River and Santa Ana River Trail and Bikeway system is
consistent with the description of the project setting in the Draft
IS/MQD.The Draft ISMIN'D states"[t]he Santa Ana River and Santa
Ana River Trail are located immediately east of the facility."(see page 2
of the Draft IS/MND)
3-B The commenter states any work related to the proposed project within
the Orange County Flood Control District right-of-way will require an
encroachment permit.
As currently designed,the proposed project will occur entirely within the
boundaries of OCSD's Plant 2 wastewater treatment facility and work
within an Orange County Flood Control District right-of-way is not
anticipated. OCSD will coordinate with the Orange County Flood
Control District to confirm the need or lack thereof of an encroachment
permit for the proposed project.
3-C The commenter states that in the event the proposed project alters,
modifies,or occupies the Santa Ana River levee system,a Section 408
permit will need to be obtained from the U.S.Army Corps of Engineers.
The proposed project will occur entirely within the boundaries of
OCSD's Plant 2 wastewater treatment facility and will not alter,modify,
or occupy the Santa Ana River levee system.Therefore,a Section 408
permit will not be required for the proposed project.
3-D The commenter states the appropriate regulatory agencies should review
potential impacts to sensitive habitat,especially the least tern that is
located within the salt marsh area across from the proposed project site.
Both USFWS and CDFW have been notified of the proposed project.
CDFW provided comment on the Draft IS/MND and referenced the
California least tern and snowy plover nesting colonies located at the
mouth of the Santa Ana River. It should be clarified the salt marsh
habitat in the immediate vicinity of the project area is not suitable nesting
habitat for these species.Rather the California least tern and western
snowy plover nesting habitat is located on open beach habitat at the
mouth of the Santa Ana River, approximately 0.5 mile south of the
proposed project site.
0-an Outlall Spmm Re Plldfron/ 2-1 t ESA 1161 ON
Ouftl low Flow Pump fte n(Proem W.J117B) SeplemEx 2017
2.Comment Letters and Response to Comments
3-E The commenter provides contact information in the event OCSD has any
questions regarding the provided comments. This comment is noted for
the record.
Oman Outlall Sp ern Rahabilldlon/ 2-1 2 ESA/161 ON
Wtlell low Flow Pump Rein(Proem W.J 11 no Sepiembx 2017
Comment Letter 4
From:ann krueger[mailto:skipperkrueger@gmail.comj
Sent: Monday,July 24, 2017 11:48 AM
To:CEQA<cega@ocsd.com>
Subject: upgrades
This is in response to your proposed upgrades.
I live in Newport Shores and look directly across the river at the sanitation plant.
My neighbors and I suffer the most impact because of noise and our"view".
The upgrades are necessary and that requires noise.
More tall trees would help to shield the view of the plant. I realize that tall trees might attract big birds
to prey on little birds but, in fact the big birds can roam over a very large area. 4-A
You may have some more creative solutions.
Please give us something positive,especially since we have to deal with all the negatives.
Improve the view.
Thank you for your consideration.
Ann Krueger
439 Canal ST.
Newport Beach
949 642 2646
2.Comment"flem and Response W Commen%
Letter 4 Ann Krueger
Response July 24, 2017
4-A The commenter expresses concerns regarding noise and visual impacts
associated with the proposed project.The commenter requests improving
the view using tall trees or other creative solutions.
Visual and noise impacts associated with the proposed project me
disclosed in Draft IS/MND Sections 4.1 and 4.12,respectively. Visual
impacts to surrounding residents would be less than significant as`the
proposed facilities would not contrast with existing facilities at Plant 2,
and the new pump station facility and ancillary facilities would not
obstruct public views of the neighboring Santa Ana River or
marshlands.'(see page 15 of the Draft IS/MND)Noise impacts to
surrounding residents would also be less than significant as"[t]he
proposed project would not expose persons to or generate noise levels in
excess of established standards.'(see page 78 of the Draft ISIMND)
Improving the view for local residents is beyond the scope of this
project.
Oman Outlall Spmm Rah pllalon/ 2-14 ESA 1161 ON
Wtlall low Faw Pump fte n(Pmaal W.J117B) SeplemEx 2017
SECTION 3
Corrections to the Draft IS/MND
The following changes are made in the Final MND to address inclusion of an emergency standby
generator m part of the proposed project,which addition of text is signified with underline text
and text deletions are shown in shikeeut.This component of the proposed project was not
described in the Draft IS/MND circulated for public review. Inclusion of the emergency standby
generator does not change conclusions of the MND or result in the need for new mitigation.
In addition to this Section 3,Attachment A of this Final MND contains the complete revised
Draft IS/MND with corrections incorporated in s4ilreotn/underline format.
Section 2.2.3 Rehabilitation at Effluent Pump Station
Annex, page 8
Rehabilitation at EPSA and SPF would include the following:
• Addition of a 2 megawatt 12 kilovolt Tier 2 Diesel Standby Generator on existing equipment
pad within existing sound attenuated enclosed building shared by four other existing
generator units.
• Provide emergency egress lighting and exit signage throughout the generator,electrical,and
pump buildings.
• Provide a security camera system on the exterior east side of EPSA to monitor the plant east
exterior fence line.
Section 4.3 Air Quality, page 27
All projects are subject to SCAQMD rules and regulations in effect at the time of construction.
Specific roles applicable to the construction anticipated under the proposed project would include
the following:
Rule 401 —Visible Emissions.A person shall not discharge into the atmosphere from any single
source of emission whatsoever any air contaminant for a period or periods aggregating more than
3 minutes in any 1 hour that is as dark or darker in shade as that designated No. 1 on the
Ringelmann Chart,as published by the United States Bureau of Mines.
Rule 402—Nuisance.A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material that cause injury, detriment,nuisance,or annoyance to any
considerable number of persons or to the public,or that endanger the comfort,repose,health,or
safety of any such persons or the public, or that cause,or have a natural tendency to cause, injury
or damage to business or property.The provisions of this rule do not apply to odors emanating
from agricultural operations necessary for the growing of crops or the raising of fowl or animals.
Oman ON 11 By tem R habillWlon/ 3-1 EM/161M
Outlelndv Flow Pump�llon pump No.J19B) Bep@mber M17
3 eomedom.W the Draft IWMND
Rule 403—Fugitive Dust.This rule is intended to reduce the amount of particulate matter
entrained in the ambient air as a result of anthropogenic (human-made)fugitive dust sources by
requiring actions to prevent,reduce,or mitigate fugitive dust emissions. Rule 403 applies to any
activity or human-made condition capable of generating fugitive dust.
Rule 1113—Architectural Coatings.No person shall apply or solicit the application of any
architectural coating within the SCAQMD with VOC content in excess of the values specified in
a table incorporated in the Rule.
Rule 1470—Reauirements for Stationary Diesel-Fueled Internal Combustion and Other
Compression Ignition Engines:This rate applies to stationary compression ignition engine
greater than 50 brake horsepower and sets limits on emissions and operating hours. In general,
new stationary emergency standby diesel-fueled engines greater than 50 brake horsepower are not
permitted to operate more than 50 hours per year for maintenance and testing.
Section 4.3 Air Quality, pages 31-32
Operations
Implementation of the proposed project would result in long-term regional emissions of criteria
air pollutants and ozone precursors associated with area sources, such as natural gas consumption,
landscaping, applications of architectural coatings,and consumer products,in addition to
operational mobile emissions. Since the new pump system may operate alongside the older
system for an undetermined amount of time,the annual operational criteria pollutant emissions
associated with the existing uses at the Plant 2 site are not subtracted from the proposed project's
operational emissions calculations.The proposed project's operational emissions fall well below
the thresholds for the associated criteria pollutants so operating the new system and older one in
tandem will not cause a significant increase in operational emissions.Furthermore,the new
LOFLO PSIPWPS system is expected to be more efficient than the system it is replacing and will
effectively lower the plant's operational emissions once the older system is phased out
completely. Regional operational emissions were modeled using CalEEMOd Version 2016.3.1
and are summarized in Table 6.
Stationary source emissions are estimated for the proposed 2 megawatt emergency standby
generator. These emissions were estimated separately outside of the CalEEMod software. The
emergency generator emissions are calculated based on compliance with the Tier 2 emissions
standards and compliance with SCAOMD Rule 1470(Requirements for Stationary Diesel-Fueled
Internal Combustion and Other Compression Ignition Engines)mandated emission limits and
operating how constraints.OCSD will obtain requisite permits from SCAOMD to construct and
operate the standby generator.
Oman ON 11 S"m R habililaWn/ 3-2 EM 1161M
Ousall Low Flow Fumy smoon(Fm( No.J11]9) symmeermn
3 correctors W the Draft IWMND
TABLE 6
PROPOSED REGIONAL OPERATIONAL EMISSIONS
Estimated Maximum Daily Emissions(Ibslday)
Operational Activities
ROG NOx CO SOz PM10 PM2.5
Area(Consumer Products,landscaping) <i <1 <1 <l <0.1 <0.1
Energy(Natural Gas) <i <i <i <t <0.1 <0.1
Motor Vehicles <i <1 1 <t 0.2 <0.1
Stationmv(Ememencv Generator) 3 39 23 <0.1 0.2 0.2
Total Project On-Site and OR-Site Emissions <1 <1 1 <1 <0.1 -0.1
Maximum Net Regional(On-Site and ON-Site)Emissions <13 1139 423 <1 0.2 <".22
SCAOMD Numeric Indicators 55 55 550 150 150 55
Significant Impact? No No No No No No
Scums:Refer Appendix A
Section 4.3 Air Quality, pages 34-35
Operational LST
During project operations,the daily amount of localized pollutant emissions generated on-site by
the proposed project would not be substantial.As stated above,the new LOFLO PS/PWPS may
operate simultaneously with the older system while the old facility is intermittently
decommissioned.This temporary overlap would not result in any significant increase in
emissions.This is corroborated by the fact that the projects localized operational emissions are
all less than 1 pound per day for all criteria pollutants.The proposed project on-site operational
emissions are shown in Table g. Operational emissions were modeled using CalEEMod Version
2016.3.1, and the on-site emissions were used to compare SCAQMD LST thresholds.
Assumptions and modeling output me included in Appendix A.As shown,the proposed project's
total operational-related emissions generated on-site would not exceed SCAQMD's applicable
operational LSTs.Thus,localized air quality impacts during operations would be less than
significant.
Oman Oural stem RahzmlilaWN 3-3 ESA 1161M
wuell Low now Pump smoon(Pmlxn No.J117m s ymmeermn
3 Corrector.W the Draft IS/MND
TABLE 8
PROPOSED PROJECT UNMITIGATED LOCALIZED DAILY OPERATIONAL EMISSIONS
Estimated Masimum Daily On-Site
Emissions(Hadday)
Operational Activities NOx CO PM10' PM2.5'
Area(Consumer Products,Landscaping) <i <i <0.1 <0.1
Energy(Natural Gas) <1 <1 <0.1 <0.1
Stationan,(Ememency Generator) 39 23 0.2 0.2
Total Project On-Site Emissions c4n c -2 OA .2.2 SB.tQ.2
SCAOMD Numeric Indicators 131 962 2 2
Significant Impact? No No No No
Source:Refer to Appendix A
Emissions ao,ounl far Implementation of dust wniml measures as requlred by SCAQMD Rule 403—
Fugidoe Dust.
LSTs for a 2-eaa site in SRA is at a receptor tlistence of 25 melere.
Section 4.7 Greenhouse Gas Emissions, pages 61-62
Less than Significant Impact. According to SCAQMD methodology,because GHG emissions
are a cumulative impact,project significance is determined by the combined amortized
construction and operational emissions.
Construction-related GHG emissions for the proposed project were estimated using CalEEMOd
Version 2016.3.1 with the same assumptions as the air quality analysis.The proposed project's
total estimated GHG emissions during construction would be approximately 1,128 MTCO2e.
This would equal approximately 37.6 MTCO2e per year after amortization over 30 years per
SCAQMD methodology.
Area and indirect sources associated with the proposed project would primarily result from
electricity consumption,water transport(the energy used to pump water to and from the project
area),and solid waste generation.
Stationary sources would include one on-site emergency standby generator rated at 2 megawatts.
The emergency standby generator would result in emissions during maintenance and testing
operations and emissions were estimated separately outside of the CalEEMod software.
Emergency generators are permitted by the SCAOMD and regulated under SCAOMD Rule 1470.
Maintenance and testing would not occur daily,but rather periodically,up to 50 hours per vear
per Rule 1470. OCSD will obtain requisite Comilla from SCAOMD to construct and operate the
standby generator.
Similar to the air quality analysis,the annual operational GHG emissions associated with the
project are presented as an addition to preexisting emissions due to the potential overlap in
operation while the old facility is intermittently decommissioned.
Oman OuraII Sytom Rehabilitation/ 3-4 ESA/161M
rumen l.ow Flow Pump spoon(vmlxd No.J11]9) s ymmmrmn
3 Commions to the Draft 13/MND
Currently,while SCAQMD has issued proposed standards and guidelines,there is no adopted
state or local standard for determining the cumulative significance of the proposed project's GHG
emissions on global climate change. However,the SCAQMD has proposed a screening level of
10,000 MTCO2e per year for industrial projects(SCAQMD,2008).It is estimated that this
screening threshold would capture 90 percent of the GHG emissions from new industrial projects.
Since the City also has not adopted any significance criteria or guidelines for GHG analysis,the
annual threshold of 10,000 MTCO2e proposed by the SCAQMD was used as a screening level
for determining the significance of the proposed project's GHG emissions.
As shown in Table 11,the proposed project's total annual GHG emissions, as calculated using
CaIEEMOd Version 2016.3.1,would be approximately 425181 MTCO2e per year(detailed
calculations are included in Appendix Q,which would not exceed SCAQMD's proposed
screening level of 10,000 MTCO2e per year for industrial projects.Therefore,the change in GHG
emissions resulting from project implementation is considered to be less than significant.
TABLE 11
ESTIMATED CONSTRUCTION-AND OPERATIONS-RELATED GHG EMISSIONS
Emission Source Estimated Emissions Core(MT/year)
Construction
Annual Mitigated Construction(Amortized over 30 years 34
Operations
Area Sources <0.1
Energy Consumption 43
Ememencv Generator 53
Mobile Sources 30
Solid Waste 7
Water Consumption 14
Total(Construction and Operational Emissions 428181
Greater Man 10,000 MTCO2e? No
NOTES:
'GHG emissions for intermittent construction phases(e.g.demolition,drainage)calculated proportionally to number of
iron,days,not total days
SOURCE:Refer to Appendix C
Section 4.12 Noise, pages 80-81
Operations
Chapter 8.40 of the Huntington Beach Municipal Code serves as the City's Noise Ordinance,
which establishes noise standards to control unnecessary,excessive,and annoying noise levels in
the City.Table 14, Huntington Beach Exterior Noise Standards,presents the applicable exterior
noise standards for the designated noise canes established in the City's Noise Ordinance.
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3 Corrector.W the Draft ISIMND
TABLE 14
HUNTINGTON BEACH EXTERIOR NOISE STANDARDS
Noise Zone Exterior Noise Time Period
Standards
1-All residential properties. 55 dB(A) 7:00 a.m.-MOD p.m.
50 dB(A) 10:00 p.m.-7:00 a.m.
2-All professional office 8 public 55 dB(A) Anytime
institution properties.
3—All commercial properties with 60 dB(A) Anytime
the exception of professional
office properties.
4-Al industrial properties. 70 dB(A) Anytime
SOURCE:Cry of Hunrngton Seem Municipal Code Section B 40.050
Once the proposed pump stations are operational,noise levels generated at the project area would
mainly occur from the pump stations.
The analysis of the pump station-related noise is based upon reference noise measurement
conducted on July 15, 2016,at a pump station located in the OCWD facility at 18700 Ward
Street,Fountain Valley,CA.Pump station-related noise levels were measured inside of the pump
station and outside of the pump station at 5 feet from a louver.I The pump station-related noise
level was then calculated,in terms of hourly Lry, for sensitive receptor locations based on the
standard point source noise-distance attenuation factor of 6.0 dBA for each doubling of distance.
Noise level of 80 dBA was measured inside of the pump station and noise level of 66 dBA was
measured at 5 feet from the louver outside of the pump station. The pump station house with
louvers would provide approximately 14 dBA noise reduction.
The nearest single-family residential uses west of the project area would be located
approximately 1,300 feet from the proposed pump stations.Based on a noise level source strength
of 66 dBA at a reference distance of 5 feet,and accounting for distance attenuation(minimum 39
dBA insertion loss)and barrier insertion loss by the existing structures and block walls along
Brookhurst Street(minimum 10 dBA insertion loss),pump station related noise would be reduced
to 10 dBA at the nearest noise sensitive uses.
The Drouosed oroiect would include installation of an on-site emergency standby venerator,
which may be used in the event of a Power outage to provide electricity for emergency safety
lighting and other emergency electricity needs.Maintenance and testing of the emergency
generator would not occur daily,but rather Periodically,up to 50 hours Der year per SCAOMD
Rule 1470. The emergency venerator would be located within an existing sound attenuated
building that currently houses four other existing venerators.
A louver is a window blind or shutter with horizontal slats that are angled to admit light and air,but to keep out rain
and direct sunshine.
Oman ONPaII sy tem RehabililaWn/ 3-6 Ea4/161M
wuell Low Flowvumo smoon(Rolm No.J1171c s pmmbermn
3 G.madona W the Draft IS/MND
The building within which the generator would be located within is approximately 1300 feet
from the nearest single-family residential uses west of the p3•ject area. Based on a noise survey
that was conducted for an equivalent generator,the generator would generate noise levels of
approximately 96 dBA L9 at 25 feeL2 Based on a noise level source strength of 96 dBA at a
reference distance of 25 feet,and accounting for barrier-insertion loss by the building and
mufflers(minimum 20 dBA insertion loss)3 and distance attenuation(minimum 34 dBA loss per
doubling of distance), generator related activity noise would be approximately 42 dBA at the
nearest single-family residential use. As such,noise generator by the emergency standby
generator would not exceed the daytime exterior noise limit of 55 dBA L_and impacts would be
less than significant.
All of the proposed facilities would be designed to insulate noise of the machinery such that
elevated noise levels would be contained on-site.Operation of the project would not expose
persons to,or generate noise levels in excess of standards established in the noise ordinance, or
applicable standards of other agencies,Therefore,impacts would be less than significant.
2 The generator noise measurements were conducted at a Verim.facility using the Larson-Davis 820 Precision
Integrated Sound Level Meter("SLM")in November 2000.The]arson-Davis 820 SLM is a Two 1 standard
instrument as defined in the American National Standard Institute SI A.All instruments were calibrated and
operated according to the applicable manufacturer specification.The microphone was Placed at a height of
approximately 5 feet above the local grade.
3 Federal Highway Administration,Noise Barrier Design Handbook,Acoustical Considerations,Updated July b,
2011,https://www.fhwa.dot.gov/environment/noise/noise_barriers/design_cons"r iorddesign/design03.cftn.
Accessed on May 11,2017,
Oman O flol S"m RtmabililaWn/ 3-7 EM 1161M
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SECTION 4
Mitigation Monitoring and Reporting Program
CEQA Requirements
Section 15091(d)and Section 15097 of the CEQA Guidelines require a public agency to adopt a
program for monitoring or reporting on the changes it has required in the project or conditions of
approval to substantially lessen significant environmental effects.This Mitigation,Monitoring
and Reporting Program(MMRP) summarizes the mitigation commitments identified in the
proposed project's Draft IS/MND(State Clearinghouse No. 2017071012). Mitigation measures
are presented in the same order as they occur in the Draft IS/MND.
The columns in the MMRP table provide the following information:
• Mitigation Measure(s): The action(s)that will be taken to reduce the impact to a less-than-
significant level.
• Implementation,Monitoring,and Reporting Action: The appropriate steps to implement
and document compliance with the mitigation measures.
• Responsibility: The agency or private entity responsible for ensuring implementation of the
mitigation measure. However,until the mitigation measures are completed, OCSD,as the
CEQA Lead Agency,remains responsible for ensuring that implementation of the mitigation
measures occur in accordance with the MMRP(CEQA Guidelines, Section 15097(a)).
• Monitoring Schedule: The general schedule for conducting each task,either prior to
construction,during construction and/or after construction.
Omen OWell 8,Aem Re akilmmonl 4-1 ESA 1161 ON
WWII Low Flow Pump SUOom OPJw lNo.J-1170) SNpmmW 2017
4.MNlgalbn Mother,and Reponing Program
TABLE 4.1
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
OCEAN OUTFALL SYSTEM REHABILITATION/OUTFALL LOW FLOW PUMP STATION PROJECT(PROJECT NO.J-117B)
Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule
Biological Resources
Bli To the extent feasible,grading and excavation activities shall be scheduled Include mitigation measure in construction contractor Orange County Before and During
outside the nesting season(September 1 to February 14 for songbirds:September 1 to specifications. Sanitation District Constructor,
January 14 for raptors)to avoid potential impacts to nesting birds.If avoidance of the (OCSD);
nesting season is not feasible during grading and excavation activities,suitable nesting Prepare reports to document any changes to buffers or
habitat within 500 feet of construction activities shall be surveyed for Me presence of species relocation activities,and retain such reports in Construction
w300 feet Qualified Biologist
the project file. Contractor;
nesting birds bya qualified biologist.If any active nests are detected,abuffer of
for songbirds(or 500 feet for raptors)abound the nest adjacenen to cot to cons[mclion will be Coordinate with USFWS and QDFW,as needed.
delineated,flagged,and avoided until the nesting cycle is complete.The buffer may be Perform site inspections to ensure compliance with
modified and/or other recommendations proposed as determined appropriate by the biological resources requirements.
qualified biologist to minimize impacts.Nest buffer distance will be based on species, Retain copies of compliance in the project file.
specific location of the nest,the intensity of construction activities,existing disturbances
unrelatetl to the proposed project present in the project area,and other factors.The
qualified biologist will be responsible for coordinating with the U.S.Fish and Wildlife
Service(USFWS)and California Department of Fish and Wildlife(CDFW)to ensure
proper measures are implemented to minimize impacts to any active nest sites that
would be subject to disturbance,
Cultural Resources
CUL-1:Prior to earth moving activities,a qualified archaeologist meeting the Secretary Include mitigator measure in construction contractor OCSD; Before Construction
of the Interior's Professional Qualifications Standards for archaeology(36 CFR Part 61) specifications. Construction
shall conduct cultural resources sensitivity training for all construction personnel. Retain copies of presentations and/or noted of cultural Contractor;
Construction personnel shall be informed of the types of cultural resources that may be resources sensitivity training in the project file. Qualified
encountered,and of the proper procedures to be enacted in the event of an inadvertent Archeologist
discovery of archaeological resources or human remains.OCSD shall ensure that Retain documentation demonstrating attendance.
construction personnel are made available for and attend the training and retain
documentation demonstrating attendance.
CUL-Y:Prior to the start of any ground-dislurbing activities,OCSD shall retain an Include mitigation measure in construction contractor OCSD; Before and During
archaeological monitor to observe all ground-disturbing activities.Archaeological specifications. Construction Construction
monitoring shall be conducted by a monitor familiar with the types of archaeological Retain copies of all archeological monitoring reports in Contractor;
resources that could be encountered and shall work under Me direct supervision of the the project file. Qualified
qualified archaeologist.Monitoring may be reduced or discontinued by he qualified Archeologist
archaeologist,in coordination with OCSO,based on observations of subsurface soil Submit monitoring report M SCCIC and any Native
stmtigraphy and/or the presence of older C-horizon deposits.The monitor shall be American groups requesting copies.
empowered to halt or redirect grountl-disturbing activities away from the vicinity of Perform site inspections to ensure compliance with
discovery until the qualified archaeologist has evaluated the discovery and determined archeological sensitivity requirements.
appropriate treatment.The monitor shall keep daily logs detailing the types of activities
and..it.observed,and any discoveries.After monitoring has been completed,the Retain all reports in the project file.
qualified archaeologist shall prepare a monitoring report that details the results of
monitoring.The report shall be submitted to OCSD,South Central Coastal Information
Center(SCCIC),and any Native American groups who request a copy.
Ocean Oundall watem Re6a611ummad 4-2 ESA/161CCs
O0811 Lea Flow Pump prime(Pmlwl No,J-19m S¢pper ID9
4.Mitigation Monitoring and Reporter,Program
Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule
CUL-3:Prior to issuance of a grading permit and prior to start of any ground-disturbing Include mitigation measure in construction contractor Cai Before and During
activities,OCSD shall retain a Native American monitor to observe all ground-disturbing specifications. Construction Construction
activities.The monitor shall be obtained from a Tribe that is traditionally and culturally Native American to monitor and observe all ground- Contractor;Native
affiliated with the area,according the Native American Heritage Commission(NAHC)list. disturbing activities. American Monitor
The monitor shall be empowered to halt or redirect ground-disturbing activities away
from the vicinity of a discovery until the qualified archaeologist has evaluated the Retain all notes or reports in the project file.
discovery and determined appropriate treatment.Monitoring may be reduced or
discontinued,in coordinafon with 01 and the qualified archaeologist,based on
observations of subsurface soil stratigraphy and/or the presence of older C-horaon
deposits.
CUL-4:In the event of the discovery of archaeological materials,OCSD or its contractor a Include mitigation measure in construction contractor 01 During Construction
shall immediately cease all work activities in the area(within approximately 100 feet)of specifcatons. Construction
the discovery until it can be evaluated by the qualified archaeologist.Prehistoric In the event that archeological resources are Contractor;
archaeological materials might include obsidian and direct faked-stone tools(eg., discovered,documentation of the assessment of the Qualified
projectile points,knives,scrapers)or tool-making debris;culturally darkened soil significance of the find will be prepared and retained in Archeologist;
(`midden")containing heat-affected rocks,artifacts,or shellfish remains;and stone the project file. Native American
milling equipment(e.g.,mortars,pestles,handstones,or milling slabs);and battered Representative
stone facts,such as hammerslones and piled stones.Historic-period materials might Archeological monitoring reports and logs will be
include stone or concrete footings and walls;filled wells or privies;and deposits of metal, retained in project file.
glass,and/or ceramic refuse.Construction shall not resume until the qualified
archaeologist has conferred with OCSD on the significance of the resource.
If it is determined that the discovered archaeological resource constitutes a historical
resource or unique archaeological resource under the California Environmental Quality
Act(CEQA),avoidance and preservation in place shall be the preferred manner of
mitigation.Preservation in place maintains the important relationship between artifacts
and their archaeological context and also serves to avoid conflict with traditional and
religious values of groups who may ascribe meaning to the resource.Preservation in
place may be accomplished by,but is not limited to,avoidance,incorporating the
resource into open space,capping,or deeding the site into a permanent conservation
easement. In the event that preservation in place is demonstrated to be infeasible and
data recovery through excavation Is the only feasible mitigation available,an
Archaeological Resources Treatment Plan that provides for the adequate recovery of the
scientifically consequential information contained in the archaeological resource shall be
prepared and implemented by the qualified archaeologist in consultation with CCSD.
The appropriate Native American representatives shall be consulted in determining
treatment for prehistoric or Native American resources to ensure cultural values ascribed
to the resource,beyond that which is scientifically important,are considered.
Ocean Ourlell system Re6a611espeal 4-3 EM11610i
O0811 Low Flew Pump some(Parkes No,J-19m Uppers ary19
4.Mitigation Marketing and Reporting Program
Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule
CUL-S:Prior to the start of any ground-disturbing activities,OCSD shall retain a qualified Include mitigation measure in construction contractor OCSD; Before Construction
paleontologist meeting the Society of Vertebrate Paleontology(SVP)Standards(SVP, specifications. Construction
20101).The qualified paleontologist shall contribute to any construction worker cultural Retain copies of presentations anchor noted of cultural Contractor;
resources sensitivity training either In person or via a training module provided to the resources sensitivity training in the project file. Qualified
qualified archaeologist.The training session shall focus on the recognition of the types of Retain documentation demonstrating attendance. Paleontologist
paleontological resources that could be encountered within the project area and the
procedures to be followed if they are found.The qualified paleontologist shall also
conduct periodic spot checks in order to ascertain when older deposits are encountered
and where monitoring shall be required.
CUL-6:Prior to the start of any ground-disturbing activities,OCSD shall retain a Include mitigation measure in construction contractor OCSD; Before and During
paleontological monitor to observe all ground-disturbing activities within older Quaternary specifications. Construction Construction
deposits.Paleontological resources monitoring shall be performed by a qualified In the event that paleontological resources are Contractor'
paleontological monitor or cross-trained archaeological/paleontological monitor,under discovered,documentation of the assessment will be Qualified
the direction of the qualified paleontologist The monitor shall have the authority to prepared and retained in the project file. Paleontologist
temporarily hall or divert work away from exposed fossils in order to recover the fossil
specimens.Monitoring may be reduced or discontinued by the qualified paleontologist,in Paleontological monitoring reports and logs will be
coordination with OCSD,based on observations of subsurface soil stratigraphy andlor retained in project file.
other factors and if the qualified paleontologist determines that the possibility of The qualified paleontologist shall prepare a final
encountering fossiliferous deposits is low.The monitor shall prepare daily logs detailing monitoring a report to be submitted to OCSD and filed
the types of activities and soils observed,and any discoveries.The qualified with the local repository.
paleontologist shall prepare a final monitoring a report to be submitted to OCSD and filed paleontological monitoring reports and logs will be
with the local repository.Any macerate!significant fossils shall be curaled at an retained in project flit.
accredited facility with removable storage.
CUL-T:If construction or other project personnel discover any potential fossils during Include mitigation measure in construction contractor OCSD; During Construction
construction,regardless of the depth or presence of a monitor,wort,in the vicinity(within specifications. Construction
100 feet)of the find shall cease until the qualified paleontologist has assessed the In the event that fossils are discovered,documentation Contractor;
discovery and made recommendations as to the appropriate treatment. will be prepared and retained in the project file. Qualified
Paleontological reports and logs will be retained in Paleontologist
project file.
Retain copies of compliance in the project file.
1 Society of Vertebrate Paleontology(SVP),2010.Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources.Available at
hftp://vertpaleo.org/Membenhip/Member-Ethics/SVP_Impact_Mitigation_Gi idelines.aspx.
Ocean Oullall aydem Rehabiliandeni 4-4 E4411610CB
00.111.new case coal(Prejoh W J-19m sop arn6v ID9
4.Mltigadon Waltoring and Reloading Program
Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule
CUL-8:If human remains are encountered,OCSD or its contractor shall halt work in the Include mitigation measure in construction contractor OCSD; During Construction
vicinity(within 100 feet)of the find and contact the Orange County Coroner in specifications. Construction
acceptance with PRC Section 5097.98 and Health and Safety Code Section 7050.5.If In the event that human remains are discovered,the Contactor;
the County Coroner determines that the remains are Native American,the NAHC will be Orange County Coroner will be contacted and Orange County
notified in accordance with Health and Safety Code Section 7050.5,subdivision(c),and documentation will be prepared and retained in the Coroner
PRC Section 5097,98.The NAHC will designate a Most Likely Descendent(MILD)for the project file.
remains per PRC Section 5097.98.Until the landowner has conferred with the MILD,
OCSD shall ensure that the immediate vicinity where the discovery occurred is not Retain copies of compliance with NAHC In the project
disturbed by further activity,is adequately protected according to generally accepted file.
cultural or archaeological standards or practices,and that further activities take into
account the possibility of multiple burials,
Geology,Soils,and Seismicity
GEO-1:OCSD shall conduct site-specific,design-level geotechnical investigations to Retain copies of the geotechnical investigation in the OCSD; Before Construction
evaluate the geological and seismic hazards of:slope instability;liquefaction;total and project file. Construction
differential settlement,and surface displacement due to faulting or seismically induced OCSD shall verify that recommendations have been Contractor
lateral spreading or flow.Following geotechnical investigations,a geotechnical repot incorporated into the project design prior to initiation of
shall be prepared by a structural and geotechnical engineer.The geotechnical report the project.
shall include recommendations for foundation design or other measures to mitigate
these hazartls.Final design of the new joint low flow pump station/plant water pump Include the geotechnical report as part of the
station(LOFLO PS/PWPS)facility shall be consistent with the most meant version of the construction documents.
California Building Code(CBC),Seismic Hazards Mapping Act,and Zone 4 Fortran site inspections to ensure wntractor
requirements to mitigate potential risks from fault rupture,expansive soils,liquefaction compliance with geotechnical report recommendations.
hazards,and ground accelerations,and shall incorporate recommendations contained in
the geotechnical report.The final design shall be stamped by a professional engineer.
Noise
N-1:Stationary construction equipment that generate noise or vibration(e.g., Include mitigation measure in construction contractor OCSD; During Construction
compressors,generators,cement mixing,general truck idling)shall W placed on the specificatlons. Construction
construction site as far as possible from the nearest residential land uses. Appoint a construction monitor to verify contractor Contractor
compliance with noise measures.
Retain copies of monitoring records in the project file.
N-2:Sound dampening devices shall be placed around or adjacent to pile driving Include mitigation measure in construction contractor OCSD; During Construction
activities to minimize noise impacts to the surrounding community. specifications. Construction
Appoint a construction monitor to verify contractor Contractor
compliance with noise measures.
Retain copies of monitoring records in the project file.
Ocean Ounell aydem Reca611ummad 4-5 E44/16100P
Oura l Low Flew Pump crime(PmIad No,J-19m $¢peasiu A9
<.MNlgatbn Monitoring and Recoiling Program
Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule
N-3:Construction activities shall be limited to between the hours of 7:00 a.m.and 8:00 Include mitigation measure in project design OCSD; During Construction
p.m.and as necessary to comply with local ordinances.Any nighttime or weekend specifications. Construction
construction activities would be subject to local permitting. Include mitigation measure In construction contractor Contractor
specifications.
Perform construction site inspections to ensure
compliance with noise ordinances.
Retain copies of site inspection logs or reports in
project files.
N41:All equipment used during construct on shall be muffled and maintained in good Include mitigation measure in construction contractor OCSD; During Construction
operating condition.All internal combustion engine driven equipment shall be fitted with specifications. Construction
intake and exhaust mufflers that are in good condition. Appoint a construction monitor to verify contractor Contractor
compliance with noise measures.
Retain copies of monitoring records in the project file.
N-5:Nearby sensitive receptors affected by construction shall be notified concerning the a Include mitigation measure in construction contractor 01 Before Construction
timing and construction schedule for the proposed project,and shall be provided with a specifications. Construction
phone number to call with questions or complaints. Appoint a construction monitor to verify contractor Contractor
compliance with noise measures.
Retain copies of monitoring records In the project file.
Appoint a Noise Concern Coordinator to respond to
construction noise complaints.
Maintain log of concerns fled with the Coordinator and
the resolution of each complaint.
Retain copies of the notification and concem log In the
project file
Retain copies of notifications to all landowners and
occupants of properties
Ocean Outten ayclem Recaleca tioN 4-6 E44116100P
00811 Lou Flew Pump came(Pri No,J-117m seppenOn A9
Attachment A
Ocean Outfall System Rehabilitation/Outfall
Low Flow Pump Station (Project No.
J-11713) Initial Study/Mitigated Negative
Declaration (Revised)
ESA
OCEAN OUTFALL SYSTEM REHABILITATION/OUTFALL LOW
FLOW PUMP STATION (PROJECT NO. J-117B)
Initial Study/Mitigated Negative Declaration
Prepared for July 2017
Orange County Sanitation District
r ESA
J
OCEAN OUTFALL SYSTEM REHABILITATION/OUTFALL LOW
FLOW PUMP STATION (PROJECT NO. J-117B)
Initial Study/Mitigated Negative Declaration
Prepared for July 2017
Orange County Sanitation District
626 Wllshlre Boulevard ESA
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TABLE OF CONTENTS
Ocean Outfall System Rehabilitation/Outfall Low
Flow Pump Station (Project No. J-11713)
Initial Study/Mitigated Negative Declaration
Paae
Section1: Introduction............................................................................................................1
1.1 Statutory Authority and Requirements....................................................................1
1.2 Purpose...................................................................................................................1
1.3 Incorporation by Reference.....................................................................................2
Section 2: Project Description ...............................................................................................2
2.1 Project Location and Setting...................................................................................2
2.2 Description of Project Elements..............................................................................5
2.3 Project Construction................................................................................................9
2.4 Project Operation and Maintenance.....................................................................10
2.5 Project Approvals..................................................................................................10
Section 3: Initial Study Checklist.........................................................................................11
3.1 Background...........................................................................................................11
3.2 Environmental Factors Potentially Affected..........................................................12
Section 4: Environmental Analysis......................................................................................13
4.1 Aesthetics..............................................................................................................14
4.2 Agricultural and Forest Resources........................................................................17
4.3 Air Quality..............................................................................................................19
4.4 Biological Resources.............................................................................................38
4.5 Cultural Resources................................................................................................43
4.6 Geology, Soils, and Seismicity 52
4.8 Hazards and Hazardous Materials........................................................................64
4.9 Hydrology and Water Quality................................................................................68
4.10 Land Use and Land Use Planning......................................................................73
4.11 Mineral Resources..............................................................................................75
4.12 Noise...................................................................................................................76
4.13 Population and Housing......................................................................................84
4.14 Public Services....................................................................................................86
4.15 Recreation...........................................................................................................88
4.16 Transportation and Traffic...................................................................................89
4.17 Tribal Cultural Resources....................................................................................92
4.18 Utilities and Service Systems..............................................................................94
4.19 Energy.................................................................................................................97
4.20 Mandatory Findings of Significance....................................................................99
Oman Oufful Bytom R h.billWWn/ I E /161M
Wtlel —Flow PJmpB fton(Pm�No.J19B) July M17
Page
Appendices
A. Air Quality Modeling Data.............................................................................................A-1
B. Biological Data Search Results....................................................................................B-1
C. Greenhouse Gas Modeling Data..................................................................................C-1
List of Figures
Figure 1 Regional Location ......................................................................................................3
Figure2 Site Location...............................................................................................................4
Figure 3 Joint LOFLO PS/PWPS Facility Layout.....................................................................6
List of Tables
Table 1 Ambient Air Quality Standards for Criteria Pollutants..............................................21
Table 2 Air Quality Data Summary(2012—2014)for Project Area.....................................23
Table 3 South Coast Air Basin Attainment Status................................................................24
Table 4 SCAQMD Air Quality Significance Thresholds........................................................28
Table 5 Proposed Project: Regional Construction Emissions..............................................31
Table 6 Proposed Regional Operational Emissions 32
Table 7 Proposed Project Unmitigated Localized Daily Construction Emissions.................34
Table 8 Proposed Project Unmitigated Localized Daily Operational Emissions..................35
Table 9 Previous Cultural Resources Investigations including the Project Area..................44
Table 10 Previously Recorded Cultural Resources within 0.5 Mile of the Project Area.........44
Table 11 Estimated Construction-and Operations-Related GHG Emissions........................62
Table 12 Huntington Beach Exterior Noise Standards...........................................................77
Table 13 Construction Equipment Noise Emission Levels.....................................................79
Table 14 Huntington Beach Exterior Noise Standards...........................................................80
Table 15 Vibration Source Levels for Construction Equipment..............................................81
Oman ON 11 By tom R habililab n/ II E54/161M
Ouftll—Flow Pump Blellon(Prox No.J117B) July 2017
Section 1 : Introduction
The Orange County Sanitation District(OCSD)proposes to implement Ocean Outfall System
Rehabilitation/Outfall Low Flow Pump Station(Project No.J-11713; referred to herein as the
"proposed project")at their Plant 2 wastewater treatment facility located in Huntington Beach,
California.The existing Ocean Outfall System(OOS)at Plant 2 consists of various facilities
including the Ocean Outfall Booster Station(GOBS).After over 25 years of operation,much of
the COBS and the Effluent Pump Station Annex(EPSA)equipment at Plant 2 are at the end of
their useful life. In addition,the COBS is currently oversized for dry weather flows due to
advances in water reclamation,necessitating construction of the Low Flow Pump Station as well
as a new Plant Water Pump Station.
1.1 Statutory Authority and Requirements
In accordance with the California Environmental Quality Act(CEQA)(Public Resources Code
Sections 2 1 000-21 1 77)and pursuant to Section 15063 of Title 14 of the California Code of
Regulations(CCR), OCSD,acting in the capacity of Lead Agency,is required to undertake the
preparation of an Initial Study(IS)to determine if the proposed project would have a significant
environmental impact. If a Lead Agency finds that there is no evidence that a project,either as
proposed or as modified to include the mitigation measures identified in the IS,may cause a
significant effect on the environment,the Lead Agency must find that the project would not have
a significant effect on the environment and must prepare a Negative Declaration or Mitigated
Negative Declaration(MND) for that project. Such determination can be made only if`there is no
substantial evidence in light of the whole record before the Lead Agency"(Section 21080(c),
Public Resources Code).
The environmental documentation prepared in accordance with CEQA is intended as an informal
document undertaken to provide an environmental basis for subsequent discretionary actions
upon the project.The resulting documentation is not a policy document and its approval and/or
certification neither presupposes nor mandates any actions on the part of those agencies from
whom permits and other discretionary approvals would be required.The environmental
documentation and supporting analysis is subject to a public review period. During this review,
public agency comments on the document should be addressed to the OCSD. OCSD will consider
any comments received as part of the proposed project's environmental review and include them
with the CEQA documentation for consideration by the OCSD Board of Directors.
1.2 Purpose
Acting as the CEQA Lead Agency,OCSD has prepared this IS/MND to provide the public and
responsible agencies with information about the potential environmental impacts associated with
implementation of the proposed project.This IS/MND was prepared in compliance with Sections
15070 to 15075 of the CEQA Guidelines of 1970(as amended)and CCR,Title 14,Division,
Chapter 3. In accordance with Section 15070 of the CEQA Guidelines,an MND shall be prepared
if the IS identifies potentially significant effects,but revisions in the project plans would avoid or
mitigate the effects to a point where clearly no significant effects would occur.
Oman ONfall Sy mRehappupoon/ t ES4/161M
Outlell Low Flow Pump Soellon wm� No.J199) July 2017
1.3 Incorporation by Reference
Documents relating to this IS/MND have been cited and incorporated,in accordance with
Sections 15148 and 15150 of the CEQA Guidelines.This incorporation eliminates the need for
inclusion of voluminous engineering and technical reports within the IS/MND.The information
presented herein for the proposed project is summarized from the Draft Preliminary Design
Report for Contract No.J-117B, Outfall Low Flow Pump Station(Brown and Caldwell 2016)and
Draft Preliminary Design Report Addendum, Plant Water Pump Station(Brown and Caldwell
2017).
Section 2: Project Description
2.1 Project Location and Setting
The proposed project would occur entirely within the existing OCSD Plant 2 wastewater
treatment facility,located in northern Orange County at 22212 Brookhurst Street,Huntington
Beach, CA 92646(Figure 1). Plant 2 is bounded by Hamilton Avenue to the north and
Brookhurst Street to the west.The Santa Ana River and Santa Ana River Trail are located
immediately east of the facility. Huntington Beach Wetlands,Pacific Coast Highway,and the
Pacific Ocean area located south of Plant 2.Residential neighborhoods are located to the north
and west,and south of the Talbert Regional Park and open space on the east side of the Santa Ana
River.
The project area is specifically located within the eastern portion of Plant 2,immediately north of
the existing OOBS and immediately south of the proposed Orange County Water District
(OCWD)Groundwater Replenishment System(GWRS)Effluent Reuse Pump Station.The
project area is depicted on Figure 2 and totals approximately 2 acres. This project area captures
the footprint and associated construction work area needed to construct the new pump station
facility. As described herein,the proposed project also includes improvements at the existing
OOBS,Central Power Generation Building(Cen Gen),EPSA,and Standby Power Facility(SPF).
The City of Huntington Beach General Plan identifies the Plant 2 site as having a Public(P) land
use designation and is zoned for Industrial Limited(IL) and Residential Agriculture with an Oil
Overlay(RA-0).Plant 2 is also located within the City of Huntington Beach's Coastal Zone and
is subject to the City's Local Coastal Program.
The closest residences to the project area are single family homes located approximately 1,300
feet to the west and across Brookhurst Street, and single family homes located approximately
2,800 feet to the south and across the Santa Ana River.Recreational uses along the Santa Ana
River bike path are located within 50 feet east of the project area.
Oman ON 11 BytomR haulflu on/ 2 E54/161M
Outhild Flow Pump B�ellon(Proa No.J19B) July 2017
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Proposed Project Location
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2.2 Description of Project Elements
The proposed project involves construction of a new joint Outfall Low Flow Pump Station
(LOFLO PS)/Plant Water Pump Station(PWPS)facility and rehabilitation of the existing COBS,
Cen Gen,EPSA, and SPF to repair and improve the reliability and efficiency of the OOS at Plant
2(Brown and Caldwell 2016,2017).The elements of the proposed project are described further
below.
2.2.1 New Joint Low Flow Pump Station/Plant Water Pump Station
Facility
A newjoint LOFLO PS/PWPS facility would be constructed in an east-west orientation within
Plant 2,north of the existing OOBS and Cen Gen. Figure 3 depicts the proposed layout of the
newjoint LOFLO PS/PWPS facility. In addition to the LOFLO PS and PWPS,the facility would
include a common electrical room,electrical transformers,and an outdoor strainer area.The
building housing the pump stations and common electrical room would be approximately 7,200
square feet(excluding the outdoor strainer area and electrical transformers)and approximately 40
feet above grade in height.The building architecture would be a fluted exterior concrete finish
similar to that of the existing buildings at Plant 2.The total footprint of the facility(including the
outdoor strainer area and electrical transformers)would be approximately 12,800 square feet.The
facility will also include:
• Motor stands to allow motors to be temporarily stored during maintenance activities
• Bridge cranes for moving motors,valves,and piping spools within the pump rooms
• Track access to allow loading of heavy items onto a truck using the bridge crane
• Skylights over the pumps for removal using a mobile crane
• Enhanced natural lighting using transoms and skylights
• Stair access to the lower room roof for maintenance of heating,ventilating,and air
conditioning(ITVAC)equipment
Oman OuMol Bytom R haulilabn/ rJ E54/161M
Outllil—Flow Pump BRson(Proloo No.J19B) July 2017
IF. _ j aroma¢ /A:
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Ocean Outfall System Rehabilitation/Outtall Low Flow Pump Station(Project No.J-11]Bl.161W9
SOURCE:Brown end Caldwell,201T.
Figure 3
Joint LOFLO PS/PWPS Facility Layout
The LOFLO PS would be constructed to handle daily flows to the ocean.The new LOFLO PS
would be designed to fill the gap where the existing pumps cannot operate efficiently within their
manufacturer-recommended operating parameters.The new LOFLO PS would consist of up to
four vertical-column,propeller-type,variable speed pumps.Each pump would have a capacity of
approximately 40 million gallons per day(mgd);thus,the combined capacity of the four pumps
would be up m approximately 120 mgd.The feed to the LOFLO PS would be a 120-inch-
pipeline, 145 feet in length from ajunction structure to be constructed at the existing 120-inch-
diameter trickling filter/solids contact secondary effluent pipeline located east of the proposed
facility and running parallel to the Santa Ana River.An 84-inch-diameter discharge pipeline from
the LOFLO PS would be constructed and connected to the north end of the common discharge
header from COBS. The discharge pipeline would be approximately 155 feet in length.
The PWPS would be constructed to prevent non-reclaimable plant water from mixing with
reclaimable flows. This PWPS would replace the existing PWPS facilities at Plant 2located
southwest of the project area. The new PWPS would consist of up to four vertical turbine,
variable speed pumps. A fifth pump bay is included in case a future pump is needed.Each pump
would have a capacity of approximately 2.67 mgd; thus,the combined capacity of the four pumps
would be up to approximately 10 mgd. The feed to the PWPS would be a 36-inch-steel pipeline,
73 feet in length from the same junction structure to be constructed at the existing 120-inch-
diameter trickling filter/solids contact secondary effluent pipeline noted above for the LOFLO
PS.Effluent from the PWPS would be conveyed using a new 24-inch-diameter pipeline and route
the flow through the four new strainers and ultimately discharge to a 24-inch-diameter pipeline
that will be constructed and connected to the existing 12-inch Plant Water loop and Con Gen
cooling water feed located in the basement of the OOBS and Cen Gen.
The new PWPS would combine the plant water loop and Cen Gen cooling water systems into one
with shared pumps and strainers.An outdoor strainer area would be located adjacent to and west
of the PWPS and north of the LOFLO PS. The new strainers installed in this area would include
screens to filter water flowing throughout the system.There would be a total of four strainers,two
in operation and two on standby.The strainers would be sized to accommodate the PWPS
maximum design flow of 11 mgd with two units on standby.A clearance of 3 to 5 feet between
each strainer will be maintained to allow for adequate space for operators and maintenance.
Similar to the existing strainer setup,a check valve would be located on the discharge header to
prevent backflow into the strainers.A bridge crane would be installed to remove the strainers,
strainer covers, and other equipment such as valves for maintenance as needed.The strainers will
have both inlet and outlet piping located through the side of the strainer body. If the PWPS needs
to be taken out of service,it will be possible to use temporary piping and pumps to convey
Trickling Filter Solids Contact(TF/SC)effluent from the shared junction stracture on the 120-
inch pipeline to the 24-inch PWPS discharge header pipe and plant water loop piping.
The common electrical room and switchgear would be located south of the PWPS and east of the
LOFLO PS. The electrical room would be sized to accommodate electrical gear including
variable frequency drives(VFDs)corresponding to four 400 horsepower motors of the PWPS and
four 200 horsepower motors of the LOFLO PS. The common electrical room would be air-
conditioned with a redundant air-handling system installed over the room.
Oman Outful Bytom Rehabilitation/ 7 E54/161M
Ouftil—Flu-Pump B fton(Pro)ocl No.J19B) July 2017
Thejoint LOFLO PS/PWPS facility would share plant water,reclaimed water,high-pressure air,
and provisions for discharging the drainage to the plant-wide drain system. All of these systems
are available either within the vicinity of the proposed facility or at GOBS. The facility would be
provided with mechanical ventilation consisting of a ducted air supply system and wall-mounted
exhaust fans.
2.2.2 Rehabilitation of Existing Ocean Outfall Booster Station and
Central Generation Building
The proposed project includes rehabilitation of both the existing GOBS and Can Gen.
Rehabilitation of the existing GOBS would consist of:mechanical rehabilitation work,including
the rehabilitation of Pumps I through 4,and demolishment of Pump 5;GOBS pumps ancillary
system upgrades to the backup cooling water pumps,pump discharge isolation valves,check
valve, drain valve,and some piping;replacement of sump pumps;miscellaneous improvements
such as the installation of machine guards at the pump mechanical seal access openings;
architectural and structural improvements to the GOBS building; and improvements to HVAC
and plumbing.
Rehabilitation would also include electrical upgrades of the existing 12 kilovolt systems at the
GOBS and Can Gen. These updates would increase safety,upgrade to current standards, and
provide better operational flexibility. The new electrical lineup would have two immediate bus
ties and three sources of power feeding it: (1)one from Electrical Service Center;(2)one from
Cen Gen; and(3)one from the SPF.The new switchgear lineup would provide power to most of
the facilities in Plant 2 that currently receive power from Cen Gen,including:
• Distribution Center A which feeds the primary treatment processes
• Distribution Center B which feeds the aeration processes
• The reconfigured GOBS pumps and LOFLO PS
• Distribution Center D which feeds the Operations Center,City Water Pump Station,
Maintenance and Warehouse areas
• Distribution Center E,the EPSA
• Distribution Center H,which are the Headworks processes
2.2.3 Rehabilitation at Effluent Pump Station Annex
Rehabilitation at EPSA and SPF would include the following:
• Provide emergency egress lighting and exit signage throughout the generator,electrical,
and pump buildings.
• Provide a security camera system on the exterior east side of EPSA to monitor the plant
east exterior fence line.
Oman Ouflul Bytom Rahabililabn/ H E54/161M
Ouftil—Flu-Pump B tlon(Proa No.J19B) July 2017
2.3 Project Construction
The proposed project would be constructed using a traditional bottom-up approach utilizing
traditional construction methods and equipment. Construction would require extensive
dewatering because of the high groundwater table at the site and temporary shoring systems due
to the close proximity of existing facilities.The general sequence would include the following
steps:
1. Existing utility locating and site demolition
2. Establishing required dewatering setup
3. Soil Stabilization Mixing in-situ for seismic forces and liquefaction mitigation
4. Excavation coordinated with shoring systems installation
5. Wet well construction
6. Influent pipeline installation
7. Pump station floor slab and foundations construction
8. Installation of the Junction Structure and connection to the 120-inch-diameter SE pipeline
9. Superstructure construction
10. Mechanical,electrical, and instrumentation installation and piping tie-ins
11. Retirement of the existing PWPS and Con Gen cooling pump stations
12. Site restoration and improvements
13. Startup and commissioning
The construction period for the proposed project is approximately 4 years. Construction of the
proposed project is expected to begin in October 2018.The construction schedule was developed
based on the following assumptions:
• Construction of the LOFLO PS/PWPS joint facility and COBS rehabilitation would be
concurrent.
• Construction activities would proceed continuously through completion without
unanticipated shutdowns or delays required for completion of other on-site projects.
• Connections to the 120-inch-diameter TF/SC pipeline and 84-inch-diameter OOBS pump
discharge header would occur during appropriate weather seasons and conditions without
delay to completion of the project.
Oman OuMol Bytom R haplfio Wn/ 9 E34/161M
Outlell Lrvf Flow Pump Salon pump No.J19B) July 2017
• Only one of the OOBS pumps would be taken out of service during anticipated wet
weather conditions.
• Major works requiring more than one pump out of service would be planned well ahead
and contingency measures implemented.
• The Cen Gen electrical modifications would be performed in parallel to GOBS
rehabilitation work.
2.3.1 Construction Equipment and Workforce
The total construction crew for the proposed project is expected to range from 10 to 30 workers,
but would vary depending on activity.Construction of the proposed project would include
operation of heavy equipment,including bore/drill rigs, excavators,entries,forklifts,graders,and
various types of trucks.Excavation of the proposed project would generate approximately 7,500
cubic yards of soil,which would be exported off site.Approximately 30 daily truck trips are
anticipated to haul the exported soil off-site.
2.3.2 Construction Staging Area and Site Access
During construction of the proposed project,staging of equipment and materials would occur
within a 110,489 square-foot area located north of the GOBS and Cen Gen. Access to the project
area would be provided via the Banning Gate entrance located off Brookhurst Street on the west
side of Plant 2.
2.4 Project Operation and Maintenance
Operation of the proposed project is estimated to commence in January 2023,and operate as
needed 24 hours per day, 7 days a week. Operation and maintenance of the joint LOFLO
PS/PWPS facility is anticipated to require less than one full-time employee for general ongoing
equipment maintenance.
2.5 Project Approvals
• Santa Ana Regional Water Quality Control Bond—Region 8
o NPDES Permit(for dewatering)
• City of Huntington Beach
o Coastal Development Permit
• South Coast Air Quality Management District
o Permit to Construct
Oman ON 11 By tom R habililab n/ 10 E54/161M
Ouftil—Flu-Pump B tlon(Proa No.J19B) July 2017
Section 3: Initial Study Checklist
3.1 Background
1. Project Title:
Ocean Outfall System Rehabilitation/Outfall Low Flow Pump Station(Project No. J-117B)
2. Lead Agency Name and Address:
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley,CA 92708
3. Contact Person and Phone Number:
Mr.Kevin Hadden
714 593-7462
4. Project Location:
Orange County Sanitation District
Treatment Plant No. 2
22212 Brookhund Street
Huntington Beach,CA 92646
S. Project Sponsor's Name and Address:
Orange County Sanitation District
6. General Plan Designatlon(s):
Public(P)
7. Zoning:
Industrial Limited(IL)
Residential Agriculture with an Oil Overly (RA-0)
8. Description of the Project:
The proposed project includes construction of a new pump station facility consisting of an
LOFLO PS and a PWPS,rehabilitation of the existing COBS and Cen Gen,and miscellaneous
minor works at the EPSA and SPF.
9. Surrounding Land Uses and Setting:
The proposed project would occur entirely within the existing OCSD Plant 2 wastewater
treatment facility.The Santa Ana River and Santa Ana River Trail are located immediately east
of the facility. Huntington Beach Wetlands,Pacific Coast Highway, and the Pacific Ocean area
located south of Plant 2. Residential neighborhoods are located to the north and west, and south
of the Talbert Regional Park and open space on the east side of the Santa Ana River.
10.Other public agencies whose approval Is required (e.g., permits):
Santa Ana Regional Water Quality Control Board—Region 8,City of Huntington Beach, South
Coast Air Quality Management District
Oman OuVol S"m RhabililaWn/ 11 E34/161"
Outlill m Flow Pump s,eoon(Pm(xc1 No.J117e) July M17
3.2 Environmental Factors Potentially Affected
The environmental factors checked below include impacts that are"Less Than Significant with
Mitigation Incorporated."There are no environmental factors that have an impact that is
identified as a"Potentially Significant Impact'because all potential significant impacts can be
reduced to less than significant with the incorporation of mitigation measures.
❑ Aesthetics ❑ Agriculture and Foreaby Resources ❑ Air Quality
® Biological Resources ® Cultural Resources ® Geology/SoilslSeismicky
❑ Greenhouse Gas Emissions ❑ Hazards&Hawrdous Materials ❑ HydrobgyMater Quality
❑ Land UselPlanning ❑ Mineral Resources ® Norse
❑ PBpulationlHousing ❑ Public Services ❑ Recreation
❑ TransportztioNrraRc ❑ Tdbal Cultural Resources ❑ UtilitieslService Systems
® Mandatory Findings of Significance
DETERMINATION:
On the basis of this IS:
❑ I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the
environment,there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent.A MITIGATED
NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment,and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a"potentially significant impact'or
"potentially significant unless mitigated"impact on the environment,but at least one effect
1)has been adequately analyzed in an earlier document pursuant to applicable legal
standards,and 2)has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is required,
but it must analyze only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the
environment,because all potentially significant effects(a)have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and
(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION,including revisions or mitigation measures that are imposed upon the
propo
sed project,�nothing further is required.
th
Gil 1/G ��[ /� 7— 6 " 2017
Signature Date
Carla Dil lon Orange County Sanitation District
Printed Name For
OwnOulfidS R.hokollr . 12 EWISHOW
Oudsl-n Flow Pump sWon NPMW No.J-11]B) June.17
Section 4: Environmental Analysis
Sections 4.1 through 4.20 analyze the potential environmental impacts associated with the
project. The environmental issue areas that are evaluated are:
• Aesthetics • Mineral Resources
• Agriculture and Forestry Resources • Noise
• Air Quality • Population/Housing
• Biological Resources • Public Services
• Cultural Resources • Recreation
• Geology,Soils,and Seismicity • Transportation/Traffic
• Greenhouse Gas Emissions • Tribal Cultural Resources
• Hazards/Hazardous Materials • Utilities/Services Systems
• Hydrology/Water Quality • Energy
• Land Use/Planning • Mandatory Findings of Significance
The environmental analysis in the following sections is patterned after the IS Checklist
recommended by the CEQA Guidelines, as amended,and used by OCSD in its environmental
review process. For the preliminary environmental assessment undertaken as part of this IS's
preparation, a determination that there is a potential for significant effects indicates the need to
more fully analyze the development's impacts and to identify mitigation.
For the evaluation of potential impacts,the questions in the IS Checklist are stated and an answer
is provided according to the analysis undertaken as part of the IS. The analysis considers the
long-term,direct,and indirect impacts of the development. To each question,there are four
possible responses:
• No Impact The development will not have any measurable environmental impact on the
environment.
• Less than significant impact.The development will have the potential for impacting the
environment,although this impact will be below established thresholds that are
considered to be significant.
• Less than significant with mitigation incorporated.The development will have the
potential to generate impacts,which may be considered as a significant effect on the
environment,although mitigation measures or changes to the development's physical or
operational characteristics can reduce these impacts to levels that are less than significant
• Potentially significant impact. The development could have impacts,which may be
considered significant,and therefore additional analysis is required to identify mitigation
measures that could reduce potentially significant impacts to less than significant levels.
The following is a discussion of potential project impacts as identified in the IS/Environmental
Checklist. Explanations are provided for each item.
Oman OunaII By tom Rehabiluabon/ 13 ESA/161M
Otnall—Flow Pump Stellon(Prol No.J19B) July 2017
4.1 Aesthetics
L.Than
Potentially Slgniff in t Less Than
significant with Mutant. significant
Issues(and Supporting Information sources): Impact Incorporated Impact No honest
t. AESTHETICS—Would the project:
a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ® ❑
b) Substantially damage scenic resources,including, ❑ ❑ ❑
but not limited to,trees,rock outcroppings,and
historic buildings within a state scenic highway?
c) Substantially degrade the abating visual character or ❑ ❑ ® ❑
quality of the site and its surroundings?
a) Create a new source of substantial light or glare ❑ ❑ ® ❑
which would adversely affect daytime or nighttime
views in the area?
Environmental Evaluation
Would the project:
a) Have a substantial adverse effect on a scenic vista?
Less than Significant Impact.The project area is not officially designated as a scenic vista.
However,Plant 2 is located within the City of Huntington Beach's Coastal Zone and is adjacent
to visual resources,facilities,and assets that contribute to the aesthetic characterization of the
Coastal Zone(City of Huntington Beach,2011).Adjacent visual resources that contribute to the
coastal scenic vista in the project vicinity include Huntington State Beach,the Pacific Ocean,
Talbert Marsh,and the Santa Ana River.The Santa Ana River Trail extends along the eastern
boundary of Plant 2,adjacent to the project area. Along the Santa Ana River Trail,there me
intermittent views of Plant 2 structures. The views are partially obstructed by existing
landscaping and topography.
Short-term construction impacts would consist of excavation activities and facility construction.
The construction equipment may be visible from public views from the Santa Ana River Trail or
Talbert Marsh Trail. However,construction would be limited to approximately 2 acres within the
active treatment plant.Due to the limited area of disturbance entirely within an existing industrial
complex and the temporary nature of the construction activities,project construction would not
significantly impact surrounding scenic vistas.
The highest point of the proposed joint LOFLO PS/PATS facility would be approximately
50 feet above grade.The Santa Ana River levee is approximately 10 feet above the Plant 2
elevation.Therefore,the new facility will be visible from the bike path along the Santa Ana River
and from longer views from the PCH bridge and from residences on the bluffs across the San
Joaquin Marsh.The tallest structures on Plant 2 are the two 86-foot-tall surge towers located
approximately 1,000 feet south of the proposed LOFLO PS/PWPS facility. Other structures on
the Plant 2 property nearby include the approximate 50-foot-tall solids loading facility and
40-foot-tall digesters.
Oman carol eytem R haofivano/ 14 EM1161M
Wtlell—Flow Pump nation(Proles No.J199) July 2017
Although the facility would be visible from recreational users of the Santa Ana River Trail,
Talbert Marsh Trail,and Talbert Regional Park, it would blend in with the other facilities and
would not obscure views or change the visual character of the treatment plant site.The proposed
facilities would serve the existing treatment plant functions and would be designed to be
architecturally consistent with existing buildings at Plant 2. Therefore,the proposed facilities
would not contrast with existing facilities at Plant 2, and the new pump station facility and
ancillary facilities would not obstruct public views of the neighboring Santa Ana River or
marshlands.Implementation of the proposed project would not have a substantial adverse effect
on a scenic vista,and impacts would be less than significant.
b) Substantially damage scenic resources,including,but not limited to,trees,rock
outcroppings,and historic buildings within a state scenic highway?
Less than Significant Impact.Based on a review of the California Department of Transportation
(Caltrans)List of Scenic Highways,the project area is not located along a State Scenic Highway
(Caltrans,2017).A segment of State Route 1,Pacific Coast Highway(PCH) is approximately
0.50 mile south of the project area along the Pacific Ocean coastline. PCH is an Eligible Scenic
Highway but is not officially designated.Further,the proposed facilities would not be visible
from motorists traveling along this route.Therefore,the proposed project would not impact
scenic resources,which include rock outcroppings,trees,or historic buildings within a designated
State Scenic Highway corridor.No impacts would occur.
c) Substantially degrade the existing visual character or quality of the site and its
surroundings?
Less than Significant Impact.The proposedjoint LOFLO PS/PWPS facility would be
constructed within the existing Plant 2 property.Plant 2 is located within the City of Huntington
Beach's Coastal Zone and is adjacent to visual resources and assets that contribute to the visual
characterization of the Coastal Zone.However,the proposed facilities would have an appearance
similar to existing Plant 2 facilities. All pipelines would be constructed underground and would
not be visible aboveground,resulting in no visual impacts.Although implementation of the
proposed project would construct a new structure on the currently undeveloped portion of Plant 2,
the design and architectural elements of the joint LOFLO PS/PWPS facility would be compatible
with the visual character of Plant 2. Because the proposed facilities are within the Plant 2
boundary and are consistent with the existing Plant 2 uses and design,the proposed project would
not alter or degrade the visual character of the area.Construction impacts would be less than
significant.
d) Create a new source of substantial light or glare which would adversely affect
daytime or nighttime views in the area?
Less than Significant Impact.There are two primary sources of light: light emanating from
building interiors that pass through windows and light from exterior sources(e.g.,street lighting,
puking lot lighting,building illumination,security lighting, and landscape lighting). Depending
upon the location of the light source and its proximity to adjacent light-sensitive uses,light
introduction can be a nuisance,affecting adjacent areas and diminishing the view of the clear
Oman OuMol S"m RehaouWWn/ 155 E54/161M
Outllil—Flu-Pump s llon(Pro)oa No.J19B) July 2017
night sky. Light spillage is typically defined as unwanted illumination from light fixtures on
adjacent properties.
Existing light sources within the project area include existing on-site uses associated with Plant 2
facilities. Security lighting on site has been designed to minimize spill-over light and glaze
impacts to surrounding area.However,the lighting from these sources combined with the
surrounding residential,commercial,and street light sources generally diminishes the quality of
the nighttime sky.
The newjoint LOFLO PS/PWPS facility constructed within Plant 2 would include enhanced
natural lighting using transoms and skylights,emergency egress lighting for the building,and
non-intrusive wallpack lighting for the building exterior and roof,in addition to standard security
lighting. Similar to the existing buildings within Plant 2,the outdoor lighting would be confined
to the immediate area and would not spill over into adjacent areas or create light beams into the
night sky. On-site security lighting would be directed away from the adjacent Santa Ana River
right-of-way.As a result,the proposed project would not introduce substantial sources of lighting
to the project area and impacts regarding lighting would be less than significant.
Buildings with large facades constructed of reflective surfaces(e.g.,brightly colored building
facades,metal surfaces,and reflective glass)could increase existing levels of daytime glare.The
joint LOFLO PS/PWPS facility would not have large reflective surfaces. The proposed structure
would have a concrete finish;therefore,no glaze impacts would occur.
References
California Department of Transportation(Caltrans),2017.Officially Designated Scenic Highway,
Orange County. Available at:
http://www.dot.ca.gov/hq/LmdArch/16_livability/scenic_highways/,accessed March
13,2017.
City of Huntington Beach,2011. City of Huntington Beach General Plan,Coastal Element.
October 2011.
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O ftll Lrvf Flow Pump B�ellon(Prolod No.J19B) July 2017
4.2 Agricultural and Forest Resources
Less Than
poM1nflally Significant Less Than
S1,111.0 with Mltlgagon SlgnMcant
In...and Suppmfing lmfonmadon Sourcesf: Impact Lrcorperated hmWct No impact
2. AGRICULTURAL AND FOREST RESOURCES—
In determining whether impacts to agricultural resources a%significant environmental effects,lead agencies may
refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California
Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.In
determining whether impacts to forest resources,including timberland,are significant environmental effects,lead
agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding
the state's inventory of forest land,including the Forest and Range Assessment Project and the Forest Legacy
Assessment project;and forest carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board.
Would the project:
a) Convert Prime Farmland,Unique Farmland,or ❑ ❑ ❑
Farmland of Statewide Importance(Farmland),as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency,to non-agricultural
use?
b) Conflict with existing zoning for agricultural use,ora ❑ ❑ ❑ S
Williamson Act contract?
of Conflict with existing zoning for,or cause rezoning ❑ ❑ ❑ S
of,forest land(as defined in Public Resources Cade
section 122201 timberland(as defined by Public
Resources Gods section 4526),or timberland zoned
Timberland Production(as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of ❑ ❑ ❑ S
forest land to non-forest use?
e) Involve other changes in the existing environment ❑ ❑ ❑ S
which,due to their location or nature,could result in
conversion of Farmland,to non-agriculturel use or
conversion of forest land to non-forest use?
Environmental Evaluation
Would the project:
a) Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance
(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources Agency,to non-agricultural
use?
No Impact.The project area is currently developed and void of any agricultural uses.The
California Department of Conservation(CDC)Important Farmland Map for Orange County
identified the project area as urban and built-up land. Further,there is no Prime Farmland,Unique
Farmland,or Farmland of Statewide Importance located adjacent to the project area(CDC,2017).
Therefore,no impact to Prime Farmland,Unique Farmland,or Farmland of Statewide Importance
would occur.
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b) Conflict with existing zoning for agricultural use,or a Williamson Act contract?
No Impact.A Williamson Act Contract requires private landowners to voluntarily restrict their
land to agricultural land and compatible open-space uses.The project area is void of agricultural
uses and does not include land enrolled in a Williamson Act Contract(CDC,2004).Therefore,no
impact would occur regarding conversion of existing agriculture uses or Williamson Act
contracts.
c) Conflict with existing zoning for,or cause rezoning of,forest land(as defined in
Public Resources Code section 12220(g)),timberland(as defined by Public
Resources Code section 4526),or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
No Impact.The proposed project would not conflict with existing zoning of forest land or cause
rezoning of forest land,timberland,or timberland zoned for Timberland Production.The
proposed project area is currently zoned as Industrial Limited(IL).The proposed project does not
involve any changes to current General Plan land use or zoning designations for forest land,or
timberland. Additionally,there are no timberland zoned production areas within the project area
or surrounding areas.Therefore, no impact to forest land or timberland would occur.
d) Result in the loss of forest land or conversion of forest land to non-forest use?
No Impact.The project area and surrounding areas contain no forest land.Thus,implementation
of the proposed project would result in no impacts related to the loss or conversion of forest land
to non-forest use.
e) Involve other changes in the existing environment which,due to their location or
nature,could result in conversion of Farmland,to non-agricultural use or
conversion of forest land to non-forest use?
No Impact.Refer to responses 2(a)through 2(d).The project area is developed with wastewater
treatment and conveyance facilities and concrete.No other changes to the existing environment
would occur from implementation of the proposed project that could result in conversion of
farmland to nonagricultural use or forest land to non-forest use. Thus,no impact would occur.
References
California Department of Conservation(CDC),2004.Agricultural Preserves, Williamson Act
Parcels, Orange County, California. 2004.
CDC,2017. California Important Farmland Finder.Available at:
http://maps.conservafion.ca.gov/ciff/ciff.html,accessed Mach 13, 2017.
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4.3 Air Quality
Less Than
Potentially S/enmcant w/fF Less non
significant sttipafion siHnificant
ksuss lane supporting Information Saim ): Impact Incorporated Impact No impact
1. AIR QUALRY—
Where available,the significance criteria established by the applicable air quality management or air pollution cool
district may be rated upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑
applicable air quality plan?
b) Violate any air quality standard or contribute ❑ ❑ ® ❑
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of ❑ ❑ ® ❑
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard(including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant ❑ ❑ ® ❑
concentrations?
e) Create objectionable odors affecting a substantial ❑ ❑ ® ❑
number of people?
Discussion
The project area is located in the City of Huntington Beach within the South Coast Air Basin
(SCAB),which is under the jurisdiction of the South Coast Air Quality Management District
(SCAQMD).The SCAB is a 6,600-square-mile coastal plain bounded by the Pacific Ocean to the
southwest and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east.
The SCAB includes the non-desert portions of Los Angeles,Riverside,and San Bernardino
Counties,and all of Orange County.
The ambient concentrations of air pollutants are determined by the amount of emissions released
by sources and the atmosphere's ability to transport and dilute such emissions.Natural factors
that affect transport and dilution include terrain,wind,atmospheric stability,and sunlight.
Therefore, existing air quality conditions in the area are determined by such natural factors as
topography, meteorology, and climate, in addition to the amount of emissions released by existing
air pollutant sources.
Atmospheric conditions such as wind speed,wind direction, and air temperature gradients interact
with the physical features of the landscape to determine the movement and dispersal of air
pollutants.The topography and climate of southern California combine to make the SCAB an
area of high air pollution potential. The SCAB is a coastal plain with connecting broad valleys
and low hills,bounded by the Pacific Ocean to the west and high mountains around the rest of the
perimeter. The general region lies in the semi-permanent high-pressure zone of the eastern
Pacific,resulting in a mild climate tempered by cool sea breezes with light average wind speeds.
The usually mild climatological pattern is disrupted occasionally by periods of extremely hot
weather,winter storms, or Santa Ana winds.During the summer months,a warm air mass
frequently descends over the cool,moist marine layer produced by the interaction between the
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ocean's surface and the lowest layer of the atmosphere. The warm upper layer forms a cap over
the cool marine layer and inhibits the pollutants in the marine layer from dispersing upward.In
addition, light winds during the summer further limit ventilation. Furthermore, sunlight triggers
the photochemical reactions that produce ozone.
Based on past climate records from the Western Regional Climate Center(WRCC),the average
annual maximum temperature in the area is 68 degrees Fahrenheit(OF)and the average annual
minimum temperature is 550 F. The average precipitation in the area is about 11 inches annually,
occurring primarily from December through March(WRCC, 2016).
Federal and State Ambient Air Quality Standards
Ambient Air Quality Standards
Regulation of air pollution is achieved through both federal and state ambient air quality
standards and emission limits for individual sources of air pollutants.As required by the federal
Clean Air Act(CAA),the U.S.Environmental Protection Agency(USEPA)has identified criteria
pollutants and has established National Ambient Air Quality Standards(NAAQS)to protect
public health and welfare.NAAQS have been established for ozone(OB),carbon monoxide(CO),
nitrogen dioxide(NO2), sulfur dioxide(S02),particulate matter(PMio and PM2_5),and lead(Pb).
These pollutants are called"criteria"air pollutants because standards have been established for
each of them to meet specific public health and welfare criteria.
To protect human health and the environment,USEPA has set"primary"and"secondary"
maximum ambient limits for each of the criteria pollutants.Primary standards were set to protect
human health,particularly sensitive receptors such as children,the elderly,and individuals
suffering from chronic lung conditions such as asthma and emphysema. Secondary standards
were set to protect the natural environment and prevent damage to animals,crops,vegetation,and
buildings.
Regional and Local
The NAAQS establish the level for an air pollutant above which detrimental effects to public
health or welfare may result.The NAAQS are defined as the maximum acceptable concentrations
that, depending on the pollutant,may not be equaled or exceeded more than once per year or in
some cases as a percentile of observations.California has generally adopted more stringent
ambient air quality standards for the criteria air pollutants(i.e.,California Ambient Air Quality
Standards [CAAQS])and has adopted air quality standards for some pollutants for which there is
no corresponding national standard,such as sulfates,hydrogen sulfide,vinyl chloride, and
visibility-reducing particles.Both the national and State ambient air quality standards for
pollutants along with their associated health effects and sources are presented in Table 1.
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TABLE 1
AMBIENT Al QUALITY STANDARDS FOR CRITERIA POLLUTANTS
Averaging State National Pollutant Health and
Pollutant Time Standard Standard Atmospheric Effects Major Pollutant Sources
Good 1 hour 0.09 ppm — High concentrations can directly Formed wren ROG and NOx react in
8 boom 0.07 pp. O.WS piped affect lurgs,causing mutation, the presence of sunlight.Major
Long-term exposure may cause sources include on-rued motor
damage to lung tissue. vehicles.solvent evaporation,and
commencial l wastrel mobile
equipment.
Carbon ) hour 20 ppm 35 piano Classified as a chemical Internal combustion engines,primarily
M1bnoxide 8 hours 9.0 ppm 9 ppm asphyxiant.carbon monoxide gasolineyowered motor vehicles.
(GO) interferes with the transfer IN
fresh oxygen to the blood and
deprives sensitive tissues of
oxygen
Nitrogen ) hour 0.18 plan 0.100 piped trading to eyes and respiratory Motorvehkles,petroleum refining
D1Oo Annual 0.030 Who 0.053 ppm tract'Colors atmosphere hall operations,industrial sources,aircraft,
Arithmetic Mean brown. ships,and raidroads.
Sulfur ) hour 0.25 pp. TS ppb locates upper respiratory track Fuel combustion,chemical plants,
Dioxide 3houm — ON ppm motions to lung tissue.Can outur recovery plants,and metal
(SOo yellow the leaves of plants, processing.
24 hours 0.04 pp. 0.14 ppm destructive to marble,Iran,and
Annual — 0,03 steel.Limits visibility and reduces
Arithmetic Mean VVr sunlight.
Rdsmmlk 24 houre 50 pglms 150 ul May irritate eyes and respiratory Dust and fume-producing industrial
Parboulaw Annual 20 pghns _ tmd,tlecreases in lung capacity, and agricultural operations,
b§tior Arithmetic Mean cancer and increased mortality, combustion,atmospheric
WMID) Produces haze and limits photochemical reactions,and deduced
visibility. activities(a.g.,wind-raised dust and
ocean sprays).
Fine 24 hours — 35 pglms Increases respiratory disease, Fuel combustion in motor vehicles,
Parboulaw Annual 12 ti lms 12 pglms lung damage,cancer,and equipment,and industrial sources;
After Arithmetic Mean premature death.Pasta s residential and agricultural burning;
(PM.5) visibility and results in surface Also,formed from photochemical
soiling. reactions of other pollutants,incuding
NO,sulfur oxides,and organics.
Lead(Ph) 30 Day Average 1.5 pi — Disturbs gastrointestinal system, Present source:lead smelters,battery
and
and
Calendar — 1.5 pglms issues,and neuromuscular and Past sourcee anemia,all �canbuscotlormllng IN leadeltldes.
Quarter neurological dysfunction(in gasoline.
Rolling&Month — 0.15 pi severe cases).
Average
Hydrogen 1 hour 0.03 plan No National Nuisance over(rotten egg smell), Geothermal pourer plands,petroleum
SUVide Stare and headache and breathing production and arguing
difficulties(higher concentrations)
Saturn 24 hour 25 pglms No Nabonal Decrease in ventilatory functions; Industrial processes.
(SO.) Standard aggravation of asthmatic
symptoms;aggravation of candio-
pulmonary disease;vagetation
damage;degradation of visibility;
property damage.
Visibility 8hour Extinction of NO National Reduces visibility,reduced ail See Pi
Reducing 0.2Wkm; Standard safety,lower real estate value,
Panicles visibility of and discourages tourism.
10 miles or
Mo.
NOTE:ppm=pads par million;ppb=pads per billion;pg/r°=micrograms per cubic meter.
SOURCE:CARS,2009,CARE,2016,
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Existing Air Quality
SCAQMD maintains monitoring stations within district boundaries that monitor air quality and
compliance with associated ambient standards. The project area is located in the North Orange
County Coastal Air Monitoring Subregion. Currently,the nearest monitoring station to the project
area is the Costa Mesa—Mesa Verde Drive Station(2850 Mesa Verde Dr. East,Costa Mesa,
CA).This station monitors ambient concentrations of ozone,NO2,CO,and S02,but does not
monitor PM25 or PMio. The nearest monitoring station that monitors ambient concentrations of
PM2.5 and PM10 is the Anaheim station located at 1630 W.Pampas Lane. Historical data of
ambient ozone,NO2,CO, S02, BM10 and PM25 concentrations from these monitoring stations for
the most recent 3 years(2012-2014)are shown in Table 2.
Both CARB and USEPA use this type of monitoring data to designate areas according to their
attainment status for criteria air pollutants. The purpose of these designations is to identify the
areas with air quality problems and thereby initiate planning efforts for improvement.The three
basic designation categories are nonattainment,attainment,and unclassified.Unclassified is used
in an area that cannot be classified on the basis of available information as meeting or not
meeting the standards. In addition,the California designations include a subcategory of
nonattainment-transitional,which is given to nonattainment areas that are progressing and nearing
attainment. The current attainment status for the SCAB is provided in Table 3.
Sensitive Receptors
Sensitive receptors are individuals who are considered more sensitive to air pollutants than others.
The reasons for greater than average sensitivity may include pre-existing health problems,
proximity to emissions sources,or duration of exposure to air pollutants. Schools,hospitals,and
convalescent homes are considered to be relatively sensitive to poor air quality because children,
elderly people,and the infirm are more susceptible to respiratory distress and other air quality-
related health problems than the general public.Residential areas are considered sensitive to poor
air quality because people usually stay home for extended periods of time,with associated greater
exposure to ambient air quality. Recreational uses are also considered sensitive due to the greater
exposure to ambient air quality conditions because vigorous exercise associated with recreation
places a high demand on the human respiratory system. The closest sensitive receptors to the
project area are single family residential land uses located approximately 1,300 feet to the west
and a recreational bike trail approximately 50 feet to the cast.
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TABLE 2
AIR QUALITY DATA SUMMARY(2012-2014)FOR PROJECT AREA
Monitoring Data by Year
Pollutant Standard' 2012 2013 2014
Ozone—Costa Nksa
Highest 1 Hour Average(ppm) 0.090 0.095 0.096
Days over State Standard 0.09 ppm 2 1 1
Highest 8 Hour Average(ppm) 0.076 0.083 0.079
Days over National Standard 0.075 ppm 1 0 4
Days over Stale Standard 0.070 ppm 1 2 6
Carbon N6noxide—Cuffs Nksa
Highest 8 Hour Average(ppm) 1.7 2 1.9
Days over National Standard 9.0 ppm 0 0 0
Days over Stale Standard 9.0 ppm 0 0 0
Mtmgen Dioxide—Costa Nksa
Highest 1 Hour Average(ppm) 0.0744 0.0757 0.061
Days over National Standard 0.100 ppm 0 0 0
Days over State Standard 0.18 ppm 0 0 0
Annual Average(ppm) 0.0104 0.0116 0.011
Days over National Standard 0.053 ppm 0 0 0
Days over State Standard 0.030 ppm 0 0 0
Sulfur Dioxide—Costa Usa
Highest 24 Hour Average(p rn) 0.0062 0.0042 0.009
Days over Stale Standard 0.04 ppm 0 0 0
Particulate Nbrom(PMo)—Anaheim
Highest 24 Hour Average(µglm')h 48 77 85
Days over National Standard 150 µg1m' 0 0 0
(measured)`
Days over State Standard 50'gam' 0 1 2
(measured)c
Annual Average 4tglm3)b 20 µgam' 22.4 25.4 26.8
Particulate b40er(PM 5)—Anaheim
Highest 24 Hour Average(µglm'p 50.1 37.8 56.2
Days over National Standard 35 µg/m' 4 1 6
(measured)-
Annual Average(µg/m3)b 12 µg/m' 10.81 10.1 10.3
NOTES:
ppm=parts per million;pglm'=micrograms per cubic meter.
=Insufficient data available to determine the value.
a Generally,some standards and national standards are not to be exceeded more Man once per year.
d Concentrators and averages represent federal statistics.State and federal statistics may differ because of different sampling methods.
a Measurements are usually Winded every 6 days.Days Over Me standard replaced Me measured number of days that the standam
has been exceeded.
SOURCE:SCAOMD 2014,M13a,2012.
Cman Ourral eytem personator/ 23 EM/161009
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TABLE 3
SOUTH COAST AIR BASIN ATTAINMENT STATUS
Attainment Status
Pollutant California Standards Federal Standards
Ozone E d eme Nonattainment Severe Nonadainment
CO Attainment Unclassified/
Attainment
NOz Attainment Unclassified/
Attainment
S% Attainment Attainment
PMIp Nonattainment Attainment
PMz' Nonattainment Nonattainment
Lead Attainment Nonattainment
SOURCE:CARS,2013;USEPA,2017.
Regulatory Setting
Federal
The principal air quality regulatory mechanism at the federal level is the CAA and in particular,
the 1990 amendments to the CAA and the NAAQS that it establishes.These standards identify
the maximum ambient(background)concentration levels of criteria pollutants that are considered
to be safe,with an adequate margin of safety,to protect public health and welfare.As discussed
previously,the criteria pollutants include ozone,CO,NO2(which is a form of NOx), S02(which
is a form of SOx),PMIO,PM2s, and lead.
The CAA also requires each state to prepare an air quality control plan,referred to as a state
implementation plan(SIP).The CAA Amendments of 1990(CAAA)added requirements for
states with nonattainment areas to revise their SIPS to incorporate additional control measures to
reduce air pollution. The SIP is modified periodically to reflect the latest emissions inventories,
planning documents,and Tales and regulations of the air basins,as reported by their jurisdictional
agencies. USEPA is responsible for reviewing all SIPS to determine whether they conform to the
mandates of the CAA and its amendments, and to determine whether implementing the SIPS will
achieve air quality goals.
USEPA also has regulatory and enforcement jurisdiction over emission sources beyond state
waters (outer continental shelf),and those that are under the exclusive authority of the Federal
government, such as aircraft,locomotives,and interstate trucking.USEPA's primary role at the
state level is to oversee the state air quality programs.USEPA sets federal vehicle and stationary
source emissions standards and provides research and guidance in air pollution programs.
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General Conformity Rule
The General Conformity Rule(40 CFR Part 93)requires that federal agencies demonstrate that
federal actions conform with the applicable State Implementation Plan(SIP)in order to ensure
that federal activities do not hamper local efforts to control air pollution. The EPA general
conformity rate applies to federal actions occurring in nonattainment or maintenance areas when
the total direct and indirect emissions of nonattainment pollutants(or their precursors)exceed
specified thresholds.The de minimis emission thresholds are based on the attainment status of
each air basin. Since the proposed project is located in an air basin that is designated attainment
for all federal criteria pollutants,it is not subject to the General Conformity emissions thresholds.
State
California Air Resources Board
The California Air Resources Board(CARB),a department of the California Environmental
Protection Agency(CaVEPA),oversees air quality planning and control throughout California by
administering the SIP. Its primary responsibility lies in ensuring implementation of the 1989
amendments to the CCAA,responding to the federal CAA requirements,and regulating
emissions from motor vehicles sold in California.It also sets fuel specifications to further reduce
vehicular emissions.
The amendments to the CCAA establish CAAQS,and a legal mandate to achieve these standards
by the earliest practical date.These standards apply to the same criteria pollutants as the federal
CAA,and also include sulfates,visibility reducing particulates,hydrogen sulfide and vinyl
chloride.They are also generally more stringent than the federal standards.
CARB is also responsible for regulations pertaining to TACs.The Air Toxics"Hot Spots"
Information and Assessment Act was enacted in 1987 as a means to establish a formal air toxics
emission inventory risk quantification program.Assembly Bill(AB)2588, as amended,
establishes a process that requires stationary sources to report the type and quantities of certain
substances their facilities routinely release.
California Green Building Standard Code
In January 2010,the State of California adopted the 2010 California Green Building Standards
Code(CALGreen),which became effective in January 2011. Building off of the initial 2008
California Green Building Code,the 2010 CALGreen Code represents a more stringent building
code that requires,at a minimum,that new buildings and renovations in California meet certain
sustainability and ecological standards.The 2010 CALGreen Code has mandatory Green
Building provisions for all new residential buildings that are three stories or fewer(including
hotels and motels)and all new non-residential buildings of any size that are not additions to
existing buildings.
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Local
South Coast Air Quality Management District
Criteria Air Pollutants
The South Coast Air Quality Management District(SCAQMD)attains and maintains air quality
conditions in the SCAB through a comprehensive program of planning,regulation,enforcement,
technical innovation,and promotion of the understanding of air quality issues. The clean air
strategy of SCAQMD includes preparation of plans for attainment of ambient air quality
standards,adoption and enforcement of rules and regulations concerning sources of air pollution,
and issuance of permits for stationary sources of air pollution. SCAQMD also inspects stationary
sources of air pollution and responds to citizen complaints;monitors ambient air quality and
meteorological conditions;and implements programs and regulations required by the CAA,
CAAA,and CCAA.
Air Quality Management Plan
SCAQMD and the Southern California Association of Governments(SCAG)are responsible for
preparing the air quality management plan(AQMP),which addresses federal and state CAA
requirements.The AQMP details goals,policies,and programs for improving air quality in the
SCAB.
The 2012 AQMP was adopted by the SCAQMD Governing Board on December 12,2012, The
purpose of the 2012 AQMP for the SCAB is to set forth a comprehensive and integrated program
that will lead the region into compliance with the federal 24-hour PM2.5 air quality standard,and
to provide an update to the SCAB's commitment towards meeting the federal 8-hour ozone
standards(SCAQMD,2013b).The AQMP would also serve to satisfy recent USEPA
requirements for a new attainment demonstration of the revoked 1-hour ozone standard,as well
as a vehicle miles traveled(VMT)emissions offset demonstration.I Specifically,the AQMP
would serve as the official SIP submittal for the federal 2006 24-hour PM25 standard,for which
USEPA has established a due date of December 14,2012.2 In addition,the AQMP updates
specific new control measures and commitments for emissions reductions to implement the
attainment strategy for the 8-hour ozone SIP.The 2012 AQMP sets forth programs which require
integrated planning efforts and the cooperation of all levels of government: local,regional, state,
and federal. Currently, SCAQMD staff has already begun initiating an early development process
for the next AQMP.
Although the federal 1-hour ozone standard was revoked in 2005,USEPA has proposed to require a new 1-hour
ozone attainment demonstration in the South Coast extreme ozone nonatminment area as a result of a recent court
decision.Although USEPA has replaced the 1-hour ozone standard with a more health protective 8-hour standard,
the CAA anti-backsliding provisions require that California have approved plans for attaining the 1-hour standard.
2 Although the 2012 AQMP was approved by the SCAQMD Board on December 7,2012,the plan did not get
submitted to USEPA by December 14,2012 as it first required approval from CARB.The 2012 AQMP was
subsequently approved by CARB on January 25,2013,and as of February 13,2013,the plan has been submitted by
CARB to USEPA.
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SCAOMD Rules and Reeolations
All projects are subject to SCAQMD rules and regulations in effect at the time of construction.
Specific rules applicable to the construction anticipated under the proposed project would include
the following:
Rule 401 —Visible Emissions.A person shall not discharge into the atmosphere from any single
source of emission whatsoever any air contaminant for a period or periods aggregating more than
3 minutes in any 1 hour that is as dark or darker in shade as that designated No. 1 on the
Ringeltnann Chart,as published by the United States Bureau of Mines.
Rule 402—Nuisance.A person shall not discharge from any source whatsoever such quantities
of air contaminants or other material that cause injury,detriment,nuisance,or annoyance to any
considerable number of persons or to the public,or that endanger the comfort,repose,health,or
safety of any such persons or the public, or that cause,or have a natural tendency to cause, injury
or damage to business or property.The provisions of this rule do not apply to odors emanating
from agricultural operations necessary for the growing of crops or the raising of fowl or animals.
Rule 403—Fugitive Dust.This rule is intended to reduce the amount of particulate matter
entrained in the ambient air as a result of anthropogenic(human-made)fugitive dust sources by
requiring actions to prevent,reduce,or mitigate fugitive dust emissions. Rule 403 applies to any
activity or human-made condition capable of generating fugitive dust.
Rule It 13—Architectural Coatings.No person shall apply or solicit the application of any
architectural coating within the SCAQMD with VOC content in excess of the values specified in
a table incorporated in the Rule.
Toxic Air Contaminants
At the local level,air pollution control or management districts may adopt and enforce CARB
control measures.Under SCAQMD Regulation XIV(Toxics and Other Non-Criteria Pollutants),
and in particular Rule 1401 (New Source Review), all sources that possess the potential to emit
TACs are required to obtain permits from SCAQMD. Permits may be granted to these operations
if they are constructed and operated in accordance with applicable regulations,including new
source review standards and air toxics control measures. SCAQMD limits emissions and public
exposure to TACs through a number of programs. SCAQMD prioritizes TACemitting stationary
sources based on the quantity and toxicity of the TAC emissions and the proximity of the
facilities to sensitive receptors.
The Air Toxics Control Plan(March 2000,revised March 26,2004)is a planning document
designed to examine the overall direction of SCAQMD's air toxics control program. It includes
development and implementation of strategic initiatives to monitor and control air toxics
emissions. Control strategies that are deemed viable and are within SCAQMD's jurisdiction will
each be brought to the SCAQMD Board for further consideration through the normal public
review process. Strategies that are to be implemented by other agencies will be developed in a
cooperative effort,and the progress will be reported back to the Board periodically.
0-an ON 11 sytem Rehabul,WN 27 EM1161M
Ouftil v Flu-Pump s llon(4ro)ol No.J199) July 2017
In May 2015 the SCAQMD completed the Multiple Air Toxics Exposure Study IV(MATES IV)
(SCAQMD,2015a). MATES IV is a monitoring and evaluation study conducted in the SCAB
and is a follow up to previous air toxics studies.The study is a follow up to the 2008 MATES III
study and consists of several elements including a monitoring program,an updated emissions
inventory of toxic air contaminants,and a modeling effort to characterize risk across the SCAB
(SCAQMD,2008a). The study focuses on the carcinogenic risk from exposure to air toxics
(SCAQMD,2008b).However,it does not estimate mortality or other health effects from
particulate exposures.MATES IV shows that the region around the project area has an estimated
carcinogenic risk from between 560 per million near the coast to the south and 801 in a million
near Ellis Avenue at the north(SCAQMD,2015a). These model estimates were based on
monitoring data collected at 10 fixed sites within the SCAB.
Significance Thresholds
Neither OCSD nor the City of Huntington Beach has developed specific air quality thresholds for
air quality impacts. However,as stated in Appendix G of the CEQA Guidelines,the significance
criteria established by the applicable air quality management or air pollution control district may
be relied upon to make the above determinations.As such,the significance thresholds and
analysis methodologies in SCAQMD's CEQA Air Quality Handbook are used in evaluating
project impacts. The SCAQMD has established daily mass thresholds for regional emissions,
which are shown in Table 4.
TABLE 4
SCAQMD AIR QUALITY SIGNIFICANCE THRESHOLDS
Mass Daily Thresholds(Ibsiday)
Pollutant Construction Operations
Oxides of Nitrogen(NOx) 100 55
Reactive Organic Gases(ROG) 75 55
Respirable Particulate Maser(PMm) 150 150
Fine Particulate Matter(PM2 p) 55 55
Oxides of Sulfur(SOx) 150 150
Carbon Monoxide(CO) 550 550
Lead' 3 3
TACs(including carcinogens Maximum Incremental Cancer Risk
and non-carcinogens z 10 in 1 million
Cancer Burden
>0.5 excess cancer cases(in areas>_1 in 1 million)
Chronic S Acute Hazard Index
z 1.0(project increment)
'AS the proposed project mull not lma any major load emissions sources,emissions of lead emuld
not Is,analyzed further in the EIR.
SOURCE:SCAQMD.2a15b.
exam ONPaII Sytem Rehabilitation/ 28 EM1161M
Wtlell Lrvf Flow Pump arnrlon(Project No.J11 no July 2017
Environmental Evaluation
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
Less than Significant Impact. The proposed project is located within the SCAB,which is under
the jurisdiction of the SCAQMD.As such, SCAQMD's 2012 AQMP is the applicable air quality
plan for the proposed project. Projects that are consistent with the regional population,housing,
and employment forecasts identified by SCAG are considered to be consistent with the AQMP
growth projections,since the forecast assumptions by SCAG forms the basis of the land use and
transportation control portions of the AQMP.Additionally,because SCAG's regional growth
forecasts are based upon,among other things,land uses designated in general plans,a project that
is consistent with the land use designated in a general plan would also be consistent with the
SCAG's regional forecast projections, and thus also with the AQMP growth projections.
The proposed project rehabilitates the existing OOBS but does not increase the number ofjobs,
nor does it result in the creation of new housing or potential residential growth. Because the land
use will not change,and has been in operation since before the creation of the 2012 AQMP,the
proposed project would not change the regional growth forecasts as identified in the local General
Plan or those of the 2012 AQMP. Therefore,the proposed project would not conflict with,or
obstruct,implementation of the AQMP and this impact would be less than significant.
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation?
Less than Significant Impact.The proposed project would not violate any air quality standard or
contribute substantially to an existing air quality violation for both construction and operational
emissions.
Construction
Construction emissions are considered short term and temporary,but have the potential to
represent a significant impact with respect to air quality. Particulate matter(i.e.,PM10 and PMz s)
are among the pollutants of greatest localized concern with respect to construction activities.
Particulate emissions from construction activities can lead to adverse health effects and nuisance
concerns,such as reduced visibility and soiling of exposed surfaces. Particulate emissions can
result from a variety of construction activities,including excavation, grading,demolition,vehicle
travel on paved and unpaved surfaces, and vehicle and equipment exhaust. Construction
emissions of PM can vary greatly depending on the level of activity,the specific operations
taking place,the number and types of equipment operated, local soil conditions,weather
conditions,and the amount of earth disturbance.
Emissions of ozone precursors ROG and NOx are primarily generated from mobile sources and
vary as a function of vehicle trips per day associated with delivery of construction materials,the
importing and exporting of soil,vendor trips,and worker commute trips,and the types and
number of heavy-duty, off-road equipment used and the intensity and frequency of their
Oman OuMol Bytom R haulfiftWn/ 29 EM1161M
Ouftil—Flu-Pump B llon(Proa No.J19B) July 2017
operation. A large portion of construction-related ROG emissions also result from the application
of asphalt and architectural coatings and vary depending on the amount of coatings and paving
applied each day.
The maximum daily construction emissions for the proposed project during each year of
construction were estimated using CalEEMod,which is designed to model construction emissions
for land use development projects based on building size, land use and type,and disturbed
acreage,and allows for the input of project-specific information.Proposed project-generated
emissions of criteria air pollutants(e.g.,PM)o)and precursors(i.e.,ROG and NOx)were modeled
based on general information provided in the proposed project description and by OCSD,and
default SCAQMD-recommended settings and parameters attributable to the proposed land use
types and site location.
It is mandatory for all construction projects in the Basin to comply with SCAQMD Rule 403 for
controlling fugitive dust. Incorporating Rule 403 into the proposed project would reduce regional
respirable particulate matter(PM(o)and fine particulate matter(PM2,5)emissions from
construction activities. Specific Rule 403 control requirements include,but are not limited to,
applying water in sufficient quantities to prevent the generation of visible dust plumes,applying
soil binders to uncovered areas,reestablishing ground cover as quickly as possible,utilizing a
wheel washing system to remove bulk material from tires and vehicle undercarriages before
vehicles exit the project area,covering all trucks hauling soil with a fabric cover and maintaining
a freeboard height of 12 inches,and maintaining effective cover over exposed areas. Compliance
with Rule 403 was accounted for in the construction emissions modeling. Site watering and
application of soil binders would reduce the particulate matter from becoming airborne,while
washing of transport vehicle tires and undercarriages would reduce re-entrainment of construction
dust onto the local roadway network.
Table 5 summarizes the modeled worst-case daily emissions of criteria air pollutants and ozone
precursors associated with the proposed project's construction activities(refer to Appendix A for
a detailed summary of the CalEEMod modeling assumptions, inputs,and outputs).As shown in
Table 5, none of the maximum daily level of construction-generated emissions of criteria
pollutants would exceed their respective SCAQMD's daily significance thresholds over the entire
construction period. Thus,air quality impacts during construction of the proposed project would
be less than significant.
Oman 0N11 Bytom R habililaWn/ 30 EM1161M
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TABLE 5
PROPOSED PROJECT: REGIONAL CONSTRUCTION EMISSIONS
Estimated Maximum Daily Emissions(lbs/day)
Construction Activity ROG Ni CO so, PM,e Phis
Demolitioni Preparation 4 35 22 0.1 1.8 1.5
Demolition/Grading/Drainage,
Utilities,and Sub-grade T 74 49 0.1 4.1 3.0
Demolition/Drainage,Utilities,and
Sub�grade/Building Construction 6 59 49 0.1 3.3 2.9
DemolitbirlDramage,Utilities,and
Sub-grade/Building
Construction/Architedural Coating 9 59 50 0.1 3.4 2.9
Demolition/Paving 4 38 31 0.1 2.2 1.8
Maximum Regional Daily
Emissions 9 74 So 0.1 4.1 3.0
Regional Significance Threshold 75 too 550 150 150 55
Significant Impact? No No No No No No
NOTE MechanioallElecbiwl Equipment and Systems is assumed to share equipment with other phases:emissions would be accounted
for within the above listed phases.
Source:Refer to Appendix A
Operations
Implementation of the proposed project would result in long-term regional emissions of criteria
air pollutants and ozone precursors associated with area sources,such as natural gas consumption,
landscaping, applications of architectural coatings,and consumer products,in addition to
operational mobile emissions. Since the new pump system may operate alongside the older
system for an undetermined amount of time,the annual operational criteria pollutant emissions
associated with the existing uses at the Plant 2 site are not subtracted from the proposed project's
operational emissions calculations.The proposed project's operational emissions fall well below
the thresholds for the associated criteria pollutants so operating the new system and older one in
tandem will not cause a significant increase in operational emissions.Furthermore,the new
LOFLO PS/PWPS system is expected to be more efficient than the system it is replacing and will
effectively lower the plant's operational emissions once the older system is phased out
completely.Regional operational emissions were modeled using CalEEMod Version 2016.3.1
and are summarized in Table 6.
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Wtlell I.—Flom Pump thellon(Poled No.J11 no July 2017
TABLE 6
PROPOSED REGIONAL OPERATIONAL EMISSIONS
Estimated Maximum Daily Emissions Oloslday)
Operational Activities
ROG NO, CO S02 PM10 PM2.5
Area(Consumer Products,landscaping) <1 <1 <i <1 <0.1 <0.1
Energy(Natural Gas) <i <1 <1 <1 <0.1 <0.1
Motor Vehicles <1 <1 1 <1 0.2 <0.1
Total Project On-Site and OR-Site Emissions <i <i 1 <i <0.1 <OA
Maximum Net Regional(On-Site and ON-Site)Emissions 0 41 1 41 0.2 0.1
SCAOMD Numeric Indicators 55 55 550 ISO ISO 55
Significant Impact? No No No No No No
scums:Refer Appendix A
As shown in Table 6,the proposed project would result in long-term regional emissions of criteria
air pollutants and ozone precursors that are below SCAQMD's applicable thresholds. The
proposed project's operational emissions would not result in or substantially contribute to
Regional emission concentrations that exceed the NAAQS and CAAQS.Therefore,operational
emissions would not violate any air quality standard or contribute substantially to an existing or
projected air quality violation,and impacts would be less than significant.
c) Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is in non-attainment under an applicable federal or state
ambient air quality standard(including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
Less than Significant Impact. A cumulative impact arises when two or more individual effects
which,when considered together,are considerable or which compound or increase other
environmental impacts. Cumulative impacts can result from individually minor but collectively
significant impacts,meaning that the proposed project's incremental effects must be viewed in
connection with the effects of past,current, and probable future projects.
The project area is located within the SCAB,which is considered the cumulative study area for
air quality.Because the SCAB is currently classified as a state nonattainment area for ozone,
PMIo,and PM2,5, cumulative development consisting of the proposed project along with other
past,present,and reasonably foreseeable future projects in the SCAB as a whole could violate an
air quality standard or contribute to an existing or projected air quality violation.However,based
on SCAQMD's cumulative air quality impact methodology, SCAQMD recommends that if an
individual project results in air emissions of criteria pollutants(ROG, CO,NOx, SOx,PMIo, and
PM2,5)that exceed the SCAQMD's recommended daily thresholds for project-specific impacts,
then it would also result in a cumulatively considerable net increase of these criteria pollutants for
which the proposed project region is in non-attainment under an applicable federal or state
Oman ONPall eytem RehabifWWn/ 32 EM1161M
Wtlell—Flow Pump Slellon(Pneos No.J199) July 2017
ambient air quality standard.As shown in Table 5,the project's construction emissions would not
exceed the SCAQMD's daily threshold for any criteria pollutants and would not contribute to a
considerable net increase in area emissions.
In addition,the operational emissions associated with the proposed project would not exceed the
SCAQMD's thresholds of significance for any of the long-term operational criteria pollutants(see
Table 6).Furthermore,the proposed project would also be consistent with SCAQMD's AQMP.
Thus,operation of the proposed project would not conflict with SCAQMD's air quality planning
efforts for nonattainment pollutants and would not lead to a cumulatively considerable net
increase in nonattainment pollutants during operational activities.
Overall,the net increase of proposed project's construction emissions would not exceed the
SCAQMD's daily thresholds for any criteria pollutants,and therefore,would not contribute
considerably to cumulative emissions. Operational emissions associated with project operations
would be less than the SCAQMD's daily thresholds for the criteria pollutants,and thus the
project's contribution to long-tern cumulative air quality impacts would be less than cumulatively
considerable. Therefore,the project would result in a less than significant cumulative impact
during operational activities.
d) Expose sensitive receptors to substantial pollutant concentrations?
Less than Significant Impact. Sensitive receptors at nearby residences or on the recreational bike
path will not be exposed to a significant level of pollutant concentrations.
CO Hotspots
CO hotspots are primarily a concern during the operational period of a project where the project
increases local daily traffic by hundreds of thousands of trips for the foreseeable future.The
proposed project will not operate near a major roadway and is contained within the larger OCSD
Plant 2 facility. Operational trips will be limited to maintenance and will not generate much
traffic or associated emissions. Therefore,the project would not result in the formation of a CO
hotspot and impacts would be less than significant.
Construction LST
The daily on-site construction emissions generated by the proposed project were evaluated
against SCAQMD's localized significance thresholds(LSTs)for a 2-acre site to determine
whether the emissions would cause or contribute to adverse localized air quality impacts.The
nearest sensitive receptors to the project area are the single family residential buildings located
approximately 1,300 feet to the west and a recreational bike trail approximately 50 feet to the
east.Additionally,the project area is approximately 2-acre self-contained within the active
treatment plant.Therefore,the analysis compares the on-site construction emissions to the look-
up table thresholds for a 2-acre site at 25 meters within sensitive receptor area(SRA) 18 for
North Coastal Orange County.There is additional designated open space and undeveloped land
east of the project area that is not considered a sensitive receptor.
Oman oNfiu S"m RhamNaWN 33 E54/161M
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As shown in Table 7,the daily unmitigated emissions generated on-site by the proposed project's
worst-case construction scenario would not exceed the applicable SCAQMD LSTs during
construction.Therefore,localized air quality emissions associated with the project would have a
less than significant impact.
TABLE 7
PROPOSED PROJECT UNMITIGATED LOCALIZED DAILY CONSTRUCTION EMISSIONS
Estimated Maximum Daily On-Sita
Emissions(Ibs/day)
Construction Phase NOx CO PM10' PM2.5•
Demolition/Site Preparation 35 21 1.5 1.4
Demolition/Grading/Drainage,utili ies,and 63 45 2.8 2.6
Sub-grade
Demolition/Drainage,Utilities,and Sub- 58 48 2.8 2.7
gradeBuilding Construction
Demolition/Drainage,utilities,and Sub-
grade/Building Construction/Architectural 58 48 2.8 2.7
Coating
Demolition/Paving 37 30 1.8 1.7
Maximum Localized Emissions 63 48 2.8 2.7
SCAOMD Threshold 131 962 7.0 5.0
Significant Impact? No No No No
Source:Refer to Appendix A
NOTE:MecbanicallElectrical Equipment and Systems Is assumed to share equipment afih enter phases;
emissions would be accounted for witb'm the above listed phases.
Emissions account for Implementation of dust control measures as requla d by SCAOMD Rule 403—
Fuginve Dust.
LSTs for a 2-acre s'lle in SRA 18 at a receptor distance of 25 meters.
`According to SCAOMD'a EST mentodology.LSTs are only applicable to Ne on-site cpnstruaion
emissions that are generated by a project and do not apply b emissions generated off site such as
mobile emissions on roadall from worker,vendor,and haul truck trips.
Operational LST
During project operations,the daily amount of localized pollutant emissions generated on-site by
the proposed project would not be substantial.As stated above,the new LOFLO PS/PWPS may
operate simultaneously with the older system while the old facility is intermittently
decommissioned.This temporary overlap would not result in any significant increase in
emissions.This is corroborated by the fact that the project's localized operational emissions are
all less than 1 pound per day for all criteria pollutants.The proposed project on-site operational
emissions are shown in Table 8. Operational emissions were modeled using CalEEMod Version
2016.3.1,and the on-site emissions were used to compare SCAQMD LST thresholds.
Assumptions and modeling output are included in Appendix A.As shown,the proposed project's
total operational-related emissions generated on-site would not exceed SCAQMD's applicable
operational LSTs.Thus,localized air quality impacts during operations would be less than
significant.
Oman Otrall aytem Rehabilitation/ 34 EM1161M
Wtlell Lrve Flow Pump Sti lion(Pmlxcl No.J199) July 2017
TABLE 8
PROPOSED PROJECT UNMITIGATED LOCALIZED DAILY OPERATIONAL EMISSIONS
Estimated Maximum Daily On-Site
Emissions(lbsiday)
Operational Activities NO, co PM10a PM2.5-
Area(Consumer Products,landscaping) <i <1 <0.1 <0.1
Energy(Natural Gas) <i <1 <o.1 <0.1
Total Project On-She Emissions <i <i <0.1 <0.1
SCAOMD Numeric Indicators 131 962 2 2
SignilicaM Impact? No No No No
Source:Refer to Appendix A
Emissions account for Implementation of dust control measunts as reaulred by SCADMD Rule 403—
Fugove Dust.
LSTs fora 2-aae s8e in SRA 18 at a receptor distance of 25 metals.
Construction TACs
Construction of the proposed project would result in short-term emissions of diesel PM,a known
toxic air contaminant(TAC). Diesel PM poses a carcinogenic health risk that is measured using
an exposure period of 70 years.The exhaust of off-road heavy-duty diesel equipment would emit
diesel PM timing excavation and backfilling; installation of utilities,materials transport and
handling and other miscellaneous activities. SCAQMD has not adopted a methodology for
analyzing such impacts and has not recommended that health risk assessments be completed for
construction-related emissions of TACs for short duration construction activities.
According to the Office of Environmental Health Hazard Assessment(OEHHA),carcinogenic
health risk assessments,which determine the exposure of sensitive receptors to TAC emissions,
should be based on a 70-year exposure period;however, such assessments should be limited to
the period or duration of activities associated with the proposed project.The construction period
for the proposed project would be at most 2 weeks(significantly less than the 70-year period used
for risk determination).Because off-road heavy-duty diesel equipment would be used only for
short time periods,there is a minimum amount of on-site equipment anticipated for use during
construction activities,and the PMm emissions associated with project exhaust are minimal,
project construction would not expose sensitive receptors to substantial emissions ofTACs. This
impact would be less than significant.
Operational TACs
Typical sources of acutely and chronically hazardous TACs include industrial manufacturing
processes,automotive repair facilities, and dry cleaning facilities.The project is a small addition to
a preexisting industrial plant and would likely have little impact on the planes overall TAC
emissions.For this reason,the project's effect on operational TAC emissions would be less than
significant.
Oman banal aytem Rehabilitation/ 355 EM1161M
Wtlell uxx Flnspump slellon(Prox No.J199) July 2017
e) Create objectionable odors affecting a substantial number of people?
Less than Significant Impact.During construction of the proposed project,exhaust from
equipment and activities associated with the application of architectural coatings and other
interior and exterior finishes may produce discernible odors typical of most construction sites.
Such odors would be a temporary source of nuisance to adjacent uses,but would not affect a
substantial number of people.As odors associated with project construction would be temporary
and intermittent in nature,the odors would not be considered to be a significant environmental
impact.Therefore, impacts associated with objectionable odors would be less than significant.
Land uses that are associated with odor complaints typically include agricultural uses,wastewater
treatment plants,food processing plants,chemical plants,composting,refineries,landfills,
dairies,and fiberglass molding.Though the proposed LOFLO PS/PWPS facility would be
implemented on a wastewater treatment site,the proposed facility itself would not emit any odors.
Therefore,the proposed project would result in less than significant odor impacts associated with
operational activities.
References
California Air Resources Board(CARB),2009. Ambient Air Quality Standards.Available at:
https://www.mb.ca.gov/reseuchlmgslaags.htm.Accessed March,2017.
CARB,2013. South Coast Air Basin Attainment Status.Available at:
https://www.mb.ca.gov/aqd/almanac/almanacl3/almanac2Ol3all.pdf.Accessed March
2017.
CARB,2016. California Ambient Air Quality Standards. Available at:
https://www.mb.ca.gov/reseuch/mgs/cmgs/caaqs.htm. Accessed March 2017.
Orange County Water District(OCWD),2016. Groundwater Replenishment System Final
Expansion Project,Addendum No.6,Final Program Environmental Impact
Report/Environmental Impact Statement&CEQA-PLUS Federal Consultation Review.
South Coast Air Quality Management District(SCAQMD),2008a.MATES III Report,2008.
Available at: http://www.agmd.gov/home/library/air-quality-data-smdies/health-
studies/mates-iii/mates-iii-final-report. Accessed February 2017.
SCAQMD,2008b. MATES III Carcinogenic Risk Interactive Map.Available at
http://www3.aqmd.gov/webappl/matesiii/.Accessed February 2017.
SCAQMD,2012.Historical Air Quality Data Data By Year,2012.Available at:
hhp://www.agmd.gov/does/default-source/air-quality/historical-data-by-year/2012-air-
quality-data-table.pdflsfvrsn=8.Accessed March 2017.
SCAQMD,2013a.Historical Air Quality Data Data By Year,2013.Available at:
htq)://www.agmd.gov/docs/default-source/air-quality/historical-data-by-
year/ag13card.pdVsfvrsn=9.Accessed March 2017.
SCAQMD,2013b.Air Quality Management Plan. February.Available at:
http://www.agmd.gov/does/default-source/clen-air-plans/air-quality-management-
Oman ON 11 S"m RmabiluaWn/ 36 EMI161M
O mufl_vy Flow Pump�llon(Proled No.J11m) July 2017
plans/2012-air-quality-management-plan/final-2012-aqmp-(february-2013)/main-
document-final-2012.pdf.
SCAQMD,2014. Historical Air Quality Data Data By Year,2014.Available at:
http://www.agmd.gov/docs/default-sowce/air-quality/historical-data-by-year/aq l4card-
gmes.pdPsfvrsn=l 1.Accessed Much 2017.
SCAQMD,2015a. Multiple Air Toxics Exposure Study IV(MATES W),2015. Available at:
http://www.agmd.gov/docs/default-sowce/air-quality/air-toxic-studies/mates-iv/mates-iv-
final-draft-report-4-1-15.pdVsfvrsn=7.Accessed February 2017.
SCAQMD,2015b.SCAQMD Air Quality Significance Thresholds.March. Available at:
http://www.agmd.gov/docs/default-sowce/cegaihmdbook/scagmd-air-quality-significance-
thresholds.pdf?sfvrsn=2.Accessed Much,2017.
U.S. Environmental Protection Agency(USEPA),2017.Nonattainment Areas for Criteria
Pollutants,2017.Available at:https://www.epa.gov/green-book.Accessed Much 2017.
Western Regional Climate Center(WRCC),2016. Southern California Climate Summaries.
February.Available at:http://www.wrcc.dri.edu/summary/Climsmsca.html
Oman OuMol Bytom R habililabn/ 37 E54/161M
Outllil—Flu-Pump B tlon(Proa No.J19B) July 2017
4.4 Biological Resources
Less Than
essentially Significant with Less man
Significant Nlflgah^n Slgnlgcant
Issues(and Supporting Information Sourcesf: h^Wct Incargamsed Impact No Inal
4. BIOLOGICAL RESOURCES—Would the project:
a) Have a substantial adverse effect,either directly or ❑ ® ❑ ❑
through habitat modifications,on any species
identified as a candidate,sensitive,or special-status
species in local or regional plans,policies,or
regulations,or by the California Department of Fish
and Wildlife(CDFW)or U.S.Fish and Wildlife
Service(USFWS)?
b) Have a substantial adverse effect on any riparian ❑ ❑ ❑
habitat or other sensitive natural community
identified in local or regional plans,policies,
regulations,or by the CDFW or USFWS?
c) Have a substantial adverse effect on federally ❑ ❑ ❑
protected wetlands as defined by Section 404 of the
Clean Water Act(including,but not limited to,marsh,
vernal pool,coastal,etc.)through direct removal,
filling,hydrological interruption,or other means?
d) Interfere substantially with the movement of any ❑ ❑ ❑ IK
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors,or impede the use of native wildlife nursery
sites?
in Conflict with any local policies or ordinances ❑ ❑ ❑
protecting biological resources,such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑
Conservation Plan,Natural Community Conservation
Plan,or other approved local,regional,or state
habitat conservation plan?
The following analysis is based on a review of publicly available data from the CDFW's
California Natural Diversity Database(CNDDB)(CDFW,2017) and the USFWS's Information
for Planning and Consultation(Hall Tool(USFWS,2017)(see Appendix B). In addition,the
Orange County Water District Groundwater Replenishment System Final Expansion Project,
Addendum No. 6(OCWD,2016),California Native Plant Society's(CNPS)Inventory of Rare
and Endangered Plants of California(CNPS,2017),and data available on eBird(2017)were
reviewed to support the following the analysis.Environmental Science Associates biologist
Tommy Molten performed a site visit on May 12,2017 to identify and assess avian nesting
activity within 500 feet of the project area.
Plant 2 is located within the U.S. Geological Survey(USGS)Newport Beach Quadrangle at
Township 6 South,Range 10 West,and Section 20.Plant 2 is currently developed with
wastewater treatment structures,offices,paved parking areas and roadways.No native soils are
present on the project area as the entire area has been covered with asphalt and concrete.A stand
of ornamental Into palms(Washingtonia sp.)occurs to the immediate north of the project area,
which is the only existing vegetation immediately adjacent to the project area.Planted native
shrubs such as big saltbush(Atliplex lentiformis)occur to the east of the project area along the
Oman ONPall easier percussion/ 38 EM1161M
Wtlell Law flow Pump Station lFmlxol No.J11 no July 2017
paved Santa Ana River Trail.Land uses immediately surrounding Plant 2 include residential
development to the north and west,the Santa Ana River and Trail to the east,and Talbert Mush
and the Pacific Ocean to the south. Sensitive biological resource areas located in the vicinity of
Plant 2 include: the Santa Ana River and open space(Banning Ranch and Talbert Regional Park)
to the east; the Talbert Mush to the south; and a California least tern(Sterna antillarum browni)
and western snowy plover(Charadrius nivosus ssp. nivosus)nesting site to the south.There is no
USFWS-designated Critical Habitat within the project area. Critical Habitat for the coastal
California gnatcatcher(Palioptila californica californica)is designated approximately 1,000 feet
east of the project area(Unit 7 located within Banning Ranch); Critical Habitat for the western
snowy plover is designated approximately 0.5 mile south of the project area(Unit CA 47 located
on north side of Santa Ana River mouth)(USFWS,2017).
Environmental Evaluation
Would the project:
a) Have a substantial adverse effect,either directly or through habitat modifications,
on any species identified as a candidate,sensitive,or special-status species in local or
regional plans,policies,or regulations,or by the CDFW or USFWS?
Less than Significant Impact with Mitigation Incorporated.Based on a review of the CNDDB
and B'aC Tool,a review of the Groundwater Replenishment System Final Expansion Project,
Addendum No. 6,and a site visit,there is low potential for special-status plant species or wildlife
species to occur on Plant 2(CDFW,2017; OCWD,2016;USFWS,2017). The project area lacks
suitable habitat to support special-status plant and most special-status wildlife species that were
identified in the database search.However,the native vegetation located between the project men
and Santa Ana River, as well as the ornamental fan palms and communication tower north of the
project area provide nesting opportunities for songbirds and raptors.A common raven(Corvus
corax)was observed within a nest located on the communication tower immediately adjacent to
the project area during the May 2017 site visit,suggesting the nest may be active. One other nest
was observed on the communication tower,however no avian activity was documented around
this nest.No other bird nests were observed within 500 feet of the project during the May 2017
site visit.
While the proposed project would not involve removal of any vegetation or the communication
tower,there is potential for nesting birds to be indirectly impacted as a result of construction
noise, if construction occurs during the breeding season.Nesting activity typically occurs from
February 15 to August 31 for songbirds and January 15 to August 31 for mptors.Disturbing or
destroying active nests is a violation of the Migratory Bird Treaty Act.In addition,nests and eggs
me protected under California Fish and Game Code Section 3503 and 3503.5.As such,indirect
impacts(e.g.by noise causing abandonment of the nest)to nesting birds is considered a
potentially significant impact. Implementation of Mitigation Measure BI0-1 would reduce
impacts to nesting birds to less than significant by requiring identification and avoidance of active
nests(and an appropriately-sized buffer)if it is infeasible to schedule construction outside the
avian nesting season.
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Mitigation Measures
BI0-1: To the extent feasible,grading and excavation activities shall be scheduled
outside the nesting season(September 1 to February 14 for songbirds; September 1 to
January 14 for raptors)to avoid potential impacts to nesting birds. If avoidance of the
nesting season is not feasible during grading and excavation activities,suitable nesting
habitat within 500 feet of construction activities shall be surveyed for the presence of
nesting birds by a qualified biologist. If any active nests are detected,a buffer of 300 feet
for songbirds(or 500 feet for mptors)around the nest adjacent to construction will be
delineated,flagged,and avoided until the nesting cycle is complete.The buffer may be
modified and/or other recommendations proposed as determined appropriate by the
qualified biologist to minimize impacts.Nest buffer distance will be based on species,
specific location of the nest,the intensity of construction activities, existing disturbances
unrelated to the proposed project present in the project area,and other factors.The
qualified biologist will be responsible for coordinating with USFWS and CDFW to
ensure proper measures are implemented to minimize impacts to any active nest sites that
would be subject to disturbance.
Significance after Mitigation
With the implementation of Mitigation Measures BIO-1,the proposed project would result in a
less than significant impact to nesting birds.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans,policies,regulations,or by the
CDFW or USFWS?
No Impact.The majority of Plant 2 Site is improved with paved surfaces;the project area
consists solely of developed land.Adjacent land cover Types in the vicinity of the project area
include ornamental,disturbed habitat,and open water associated with the Santa Ana River.No
sensitive vegetation communities were identified in the project area. Therefore,implementation
of the proposed project would result in no impacts to sensitive natural communities.
c) Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal
pool,coastal,etc.)through direct removal,filling,hydrological interruption,or
other means?
No Impact.Plant 2 is developed with water and wastewater treatment facilities.The locations
where the proposed project facilities and improvements would occur are paved and in a disturbed
condition.Because of the developed conditions within the project area,a wetland delineation was
not conducted for the proposed project.The Santa Ana River occurs to the east of the project
area,but will not be directly impacted by the proposed project.Therefore,no impacts would
occur.
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d) Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife
corridors,or impede the use of native wildlife nursery sites?
No Impact.Plant 2 is a developed property that has been improved with buildings,water and
wastewater treatment facilities,roadways and parking areas.As a result,the project area lacks
suitable habitat or provide linkages to suitable habitat to support wildlife movement.The Talbert
Marsh is located approximately 650 feet from the construction activities and the California least
tem/westem snowy plover nesting site is located approximately 0.5 mile from where the
construction would occur.At these distances,the construction noise levels would be minimal and
would not pose a potential disruption to nesting birds. The implementation of the proposed
project would not result in significant adverse impacts to migratory birds or result in significant
adverse impacts to wildlife movement.
e) Conflict with any local policies or ordinances protecting biological resources,such
as a tree preservation policy or ordinance?
No Impact.The City of Huntington Beach does not have local policies or ordinances protecting
biological resources that apply to the project area.Therefore,implementation of the proposed
project would not be in conflict with local polices or ordinances that provide for the protection of
biological resources.
I) Conflict with the provisions of an adopted Habitat Conservation Plan,Natural
Community Conservation Plan,or other approved local,regional,or state habitat
conservation plan?
No Impact.The project area is located within the Orange County Habitat Conservation
Plan/Natural Community Conservation Plan(HCP/NCCP).However,the project area is not
within an area that is specifically protected or has additional conditions for conservation.
Construction activities would be contained entirely within the Plant 2 property,and the proposed
project would not conflict with the provisions of the management of designated areas.No impacts
would occur.
References
California Department of Fish and Wildlife(CDFW),2017.California Natural Diversity
Database and Rarefind. Available by subscription. CDFW: Sacramento,California.
Accessed March 13,2017.
California Native Plant Society(CNPS),2017. Inventory of Rare and Endangered Plants of
California.California Native Plant Society. Available at http://cnps.web.aplus.net/cgi-
bin/inv/inventory.cgi). Accessed March 13,2017.
eBird,2017. Online Database of Bird Distribution and Abundance. Species Maps. eBird,Ithaca,
New York. Available at:http://www.ebird.org.Accessed March 13,2017.
Oman 0N11 Bytom Rthabililabn/ 41 E54/161M
Cuthil v Flow Pump Salon(Proa No.J19B) July 2017
Orange County Water District(OCWD),2016. Groundwater Replenishment System Final
Expansion Project,Addendum No. 6, Final EIR.August 2016.
U.S. Fish and Wildlife Service(USFWS),2017. Information for Planning and Consultation
(IPaC). Resource List.Accessed April 17,2017.
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4.5 Cultural Resources
Less Than
Potentialry, srgnMcantwrth Lass Than
Sla.si Mass. SlgnMcant
blues(and Supporting fnfonnatton Souces): Impact Inonrpowted Impact flo lmpaM
5. CULTURAL RESOURCES—Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
§15064.5?
of Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains,including those interred
outside of dedicated cemeteries?
Discussion
The following analysis is based on a records search at the South Central Coastal Information
Center(SCCIC),a historic map and aerial photograph review, geoarchaeological review, and
Native American outreach.
A records search for the project area was conducted on June 21,2016 at the SCCIC,located at
California State University,Fullerton.The records search included a review of all recorded
cultural resources within an approximate 0.5-mile radius of the project area,as well as a review of
cultural resource reports on file. The Historic Properties Directory was also examined for any
documented historic-period built resources within or adjacent to the project area.
Archival Research Results
A total of eight cultural resources studies have been conducted within an approximate 0.5-mile
radius of the project area(Table 9).Of the eight previous studies,one study,OR-2033,included
the project area.
Previously Recorded Cultural Resources
The records search indicated that three cultural resources have been previously recorded within
an approximate 0.5-mile radius of the project area(Table 10).No cultural resources have been
previously recorded within the project area.
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TABLE 9
PREVIOUS CULTURAL RESOURCES INVESTIGATIONS INCLUDING THE PROJECT AREA
SCIC#
Author (OR-) Title Year
Scientific Resource 257 Archaeological Survey Report on Lot 10, Ted No.653 Located at 1978
Surveys,Inc. 2182 Pacific Avenue in the Costa Mesa Area ofthe County of Orange,
California
Unknown 1731 Index into the Artifacts Collected During the Second Part of the WPA 1961
Pmjact
Mason,Roger D. 2033' Research Design for Evaluation of Coastal Archaeological Sites in 1987
Northern Orange County, Caldomia
Drover,Christopher E. 2129 A Cultural Resources Inventory for the Newport Banning Ranch,City of 1999
Newport Beach,Orange County
LSA Associates.Inc. 3535 Cultural Resource Assessment Survey,for the 403-Acre Banning 2008
Ranch Property,City of Newport Beach,Orange County, California
Michael Brdndman 3618 Cultural Resources Records Search Results and Site Visit for Cingular 2007
Associates Wireless Candidate Lsam a308&d(Indianapolis and Magnolia), South
of Atlanta Avenue, West of Blackford Street,Huntington Beach,
Orange County,California
ATC Associates 3995 Record Search and Field Reconnaissance for the proposed AT&T 2011
Wireless Telecommunications Site LA3086,located at 21261
Bloodiest Street,Huntington Beach,California
BonTena Consulting 4328 Archaeological Resources Assessment Newport Banning Ranch, 2010
Newport Beach,Celdomla
"Indicates study overlaps the prolad area
TABLE 10
PREVIOUSLY RECORDED CULTURAL RESOURCES WITHIN 0.5 MILE OF THE PROJECT AREA
Primary Trinomial(CA- Date
111(P-30) ORA-) Other Designation Description Rewarded!
000165 CA-0RA-165 Banning Extract,Portion A Prehistoric archaeological site consisting 1960
of stone bowl fragments,lithic fragments,
and pestles
000845 CA-ORA-845 ACE-SAR-8 Prehistoric archaeological site consisting 1998;
of a single shell midden 1979
000906 CA-ORA-906 - Prehistoric archaeological site consisting 19m;
of a single shell midden 1979
Historic Map and Aerial Review
Historic maps and aerial photographs were examined in order to provide historical information
about the project area and to contribute to an assessment of the project area's archaeological
sensitivity.Available maps include: the 1868 U.S. Surveyor General's survey plat map of
Townships 5 and 6 South,Range 10 West the 1895 and 1901 Santa Ana 1:62,500 topographic
quadrangles;the 1902 Corona 1:125,000 topographic quadrangle;and the 1935 Newport Beach
1:31,600 topographic quadrangles;and 1965 and 1975 Newport Beach 7.5-minute topographic
Oman aural ay tam Rehabiludani 44 EM1161M
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quadrangle. Historic aerial photographs were available for the years from 1938, 1953, 1963,
1972, 1994,2002,2003,2004,2005,2009,and 2010(historicaerials.com,2016).
The 1868 U.S. Surveyor General's survey plat map shows the project area as being located within
Rancho Las Bolsas. The plat map indicates salt marshes within the current location of OCSD
Plant 2.The available historic maps and aerial photographs indicate that the project area and
surrounding area was largely used for agricultural purposes throughout the 20'"century,and did
not become urbanized until the latter half of the century. The Santa Ana River is shown confined
with artificial levees in the 1938 historic aerial photograph.OCSD's Plant 2 is not shown on the
1953 aerial.Plant 2 is shown on the 1965 Newport Beach 7.5-minute topographic quadrangle.
Based on a detailed review of the 1972 and 2016 aerials of Plant 2,there me structures shown on
the 1972 aerial that remain visible on the 2016 aerial photograph.
Geology, Soils, and Geomorphology
Plant 2 is on the distal portion of a landform dominated by a low-gradient, sandy alluvial fan that
merges with marine deposits at the coast. During the late Pleistocene,Plant 2 was approximately
5.5 miles(9.0 km)inland. Historically,the project area consisted largely of salt marsh,which
would have been at orjum above sea level,and was divided by small channels. The area was for
cultivation of celery in historic times.
Plant 2 was initially developed for sanitation in 1954,but the parcel,including the project area,
was progressively developed towards the north over the next 5 decades. The project area is
covered with a paved surface that is at elevation of 3 to 4 meters above mean sea level(arcs]),
suggesting the project area contains several meters of fill overlying the native salt marsh deposits.
Some of the fill material may have originated as dredge spoils from channelization of the Santa
Ana River.Near surface geology of the project area is mapped as late Holocene to latest
Pleistocene alluvial fan deposits(Morton,2004;Morton and Miller,2006). These deposits consist
of gravel, sand,and silt transported and deposited by the Santa Ana River.
Soils at Plant 2 me mapped primarily as Bolsa silt loam(NRCS,2016).Bolsa series soils are
deep, somewhat poorly drained soils developed in mixed alluvium parent material on flood plains
and basins.The typical soil pedon consists of a plowed A-horizon(Apl,Apt)developed at the
top of relatively mattered alluvial parent material(Cl through C6)extending more than 69 inches
deep.The absence of a B-horizon is likely due to the short geological time that has passed since
deposition of the parent material,although agricultural activity has the potential to have disrupted
the development of a recognizable B-horizon as well.The A-horizon in Bolsa soils ranges from
sandy loam to silty clay loam,while the C-horizon is mainly silt loam and silty clay loam but may
contain thin strata of sandier material(USDA, 1997).
Significantly,many Bolsa soil pedons contain buried A-horizons(paleosols).These buried
A-horizons represent periods of time in the past during which landform conditions were relatively
stable,and during which deposition and erosion were sufficiently balanced to allow for
development and retention of a soil weathering profile.From an archaeological perspective,
periods of landform stability, such as those signified by buried A-horizons,should be correlated
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with the accumulation and preservation of cultural remains. Therefore,Bolsa soils are considered
to have a high sensitivity for buried archaeological resources.
Although paved and filled,Plant 2 appears to retain high sensitivity for buried archeological
resources. During the latest Pleistocene and Holocene,the geomorphic setting of Plant 2 changed
from inland to coastal,and rising sea level resulted in fluvial deposition capable of burying
archaeological resources.Plant 2 was largely salt marsh into the early 20th century,but this is an
area that would have offered important resources. Owing to its marshy environment,this azea
may not have been favored for any substantial occupation,but nonetheless is likely to have been
visited for resource procurement and could contain artifacts associated with those activities.
Additionally,the saturated conditions offered within this setting may have aided in the
preservation of relatively rare organic artifacts.
Paleontological Records Search
Dr. Samuel A. McLeod,Ph.D., of the Natural History Museum of Los Angeles County,
Vertebrate Paleontology Section,conducted a thorough search on June 16,2016 of the
paleontology collection records for the locality and specimen data for the project area.No
vertebrate fossil localities lie within the project area;however,there are localities nearby from the
same sedimentary units that may occur subsurface in the project area.The closest vertebrate fossil
locality from Quaternary Terrace deposits is LACM 7366. LACM 7366 produced specimens of
marine,freshwater,and terrestrial specimens including leopark shark, Triakis,three-spined
stickleback, Gasterosteus,garter snake, Thamnophis,desert shrew,Notiosorex,and most
prominently,pocket gopher, Thomomys. A series of fossil localities,LACM 7422-7425,are
located north-northwest of LACM 7366. These localities produced fossil specimens of mammoth,
Mammuthus,bison,Bison,and horse,Equus,from Alluvium or dune deposits.The closest
vertebrate fossil locality from Quaternary deposits,LACM 6370,produced a specimen of a fossil
horse,Equus.Fossil locality LACM 3267 located northeast,produced a specimen of a fossil
elephant,Proboscidea in Quaternary deposits.Fossil locality LACM 4219 produced fossil
specimens of turtle, Chelonia,and camel, Camelidae.Vertebrate fossil locality LACM 1339,
located north of the project area,produced fossil specimens of mammoth,Mammuthus,and
camel, Camelidae,bones from sands approximately 15 feet below the top of the mesa that is
overlain by shell bearing silts and sands.
The project area has surface deposits of younger Quaternary Alluvium,derived as fluvial deposits
from the Santa Ana River to the east of the project.No fossil vertebrate localities are located
nearby these deposits, and they are unlikely to contain significant vertebrate fossils,at least in the
uppermost layers. Small bills and bluffs both east and west of the project area,however,define
the Santa Ana River floodplain drainage and are mapped as having exposures of marine
Quaternary Terrace deposits. These or other older Quaternary deposits may occur in the project
area at unknown depth.There is a low potential to uncover significant vertebrate fossil remains
during surface grading or shallow excavations in the project azea.However,excavations that
extend down into the older Quaternary deposits may encounter significant fossil vertebrate
specimens.
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Environmental Evaluation
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as
defined in§15064.5?
Less than Significant Impact.Based on a historical evaluation(OCWD,2016),Plant 2 is not
directly associated with important events in the history of pumping or treating water,or with the
lives of persons significant in the history of water systems in Orange County.No structures
within Plant 2 are currently listed in either the National Register or the California Register.No
known historical resources are located on Plant 2.The proposed project would not demolish any
existing structures and would serve to support the existing function of the wastewater treatment
plant. Architectural designs of the proposed new structures would be compatible with the
surrounding structures.Therefore,the proposed project would not result in a substantial adverse
change to the significance of a historic resource.
b) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to§15064.5?
Less than Significant Impact with Mitigation Incorporated.No archaeological resources are
known within the project area;however,the project area is considered highly sensitive for
subsurface archaeological resources.The geoarchaeological review indicates that the portion of
the project area within Plant 2 was largely salt marsh into the early 20th century and would have
offered important resources.Owing to its marshy environment,this area may not have been
favored for any substantial occupation,but nonetheless is likely to have been visited for resource
procurement and could contain artifacts associated with those activities. Additionally,the
saturated conditions offered within this setting may have aided in the preservation of relatively
rare organic artifacts. Since the proposed project includes ground-disturbing activities,there is a
potential for discovery of subsurface archaeological deposits that could qualify as historical or
unique archaeological resources under CEQA. This potential impact to unknown unique
archaeological resources is considered significant.Implementation of Mitigation Measures CUL-
1 through CUL-4 would reduce impacts to archaeological resources to less than significant by
requiring protection and proper handling of such resources,should any resource be uncovered
during ground disturbance activities.
Mitigation Measures
CUL-1: Prior to earth moving activities,a qualified archaeologist meeting the Secretary
of the Interior's Professional Qualifications Standards for archaeology(36 CFR Part 61)
shall conduct cultural resources sensitivity training for all construction personnel.
Construction personnel shall be informed of the types of cultural resources that may be
encountered,and of the proper procedures to be enacted in the event of an inadvertent
discovery of archaeological resources or human remains. OCSD shall ensure that
construction personnel are made available for and attend the training and retain
documentation demonstrating attendance.
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CUL-2: Prior to the start of any grounddistarbing activities,OCSD shall retain an
archaeological monitor to observe all ground-disturbing activities.Archaeological
monitoring shall be conducted by a monitor familiar with the types of archaeological
resources that could be encountered and shall work under the direct supervision of the
qualified archaeologist.Monitoring may be reduced or discontinued by the qualified
archaeologist,in coordination with OCSD,based on observations of subsurface soil
stmtigraphy and/or the presence of older C-horizon deposits. The monitor shall be
empowered to halt or redirect ground-disturbing activities away from the vicinity of a
discovery until the qualified archaeologist has evaluated the discovery and determined
appropriate treatment. The monitor shall keep daily logs detailing the types of activities
and soils observed, and any discoveries. After monitoring has been completed,the
qualified archaeologist shall prepare a monitoring report that details the results of
monitoring. The report shall be submitted to OCSD, SCCIC,and any Native American
groups who request a copy.
CUL-3: Prior to issuance of a grading permit and prior to start of any ground-disturbing
activities,OCSD shall retain a Native American monitor to observe all ground-disturbing
activities. The monitor shall be obtained from a Tribe that is traditionally and culturally
affiliated with the area,according the Native American Heritage Commission(NAHC)
list.The monitor shall be empowered to halt or redirect ground-disturbing activities away
from the vicinity of a discovery until the qualified archaeologist has evaluated the
discovery and determined appropriate treatment. Monitoring may be reduced or
discontinued, in coordination with OCSD and the qualified archaeologist,based on
observations of subsurface soil stratigraphy and/or the presence of older C-horizon
deposits.
CUL-4: In the event of the discovery of archaeological materials,OCSD or its contractor
shall immediately cease all work activities in the area(within approximately 100 feet)of
the discovery until it can be evaluated by the qualified archaeologist. Prehistoric
archaeological materials might include obsidian and chert flaked-stone tools(e.g.,
projectile points,knives,scrapers)or tool-making debris;culturally darkened soil
("midden")containing heat-affected rocks,artifacts,or shellfish remains; and stone
milling equipment(e.g.,mortars,pestles,handstones,or milling slabs);and battered stone
tools,such as hammerstones and pitted stones. Historic-period materials might include
stone or concrete footings and walls;filled wells or privies; and deposits of metal,glass,
and/or ceramic refuse. Construction shall not resume uttit the qualified archaeologist has
conferred with OCSD on the significance of the resource.
If it is determined that the discovered archaeological resource constitutes a historical
resource or unique archaeological resource under CEQA, avoidance and preservation in
place shall be the preferred manner of mitigation. Preservation in place maintains the
important relationship between artifacts and their archaeological context and also serves
to avoid conflict with traditional and religious values of groups who may ascribe meaning
to the resource.Preservation in place may be accomplished by,but is not limited to,
avoidance,incorporating the resource into open space,capping,or deeding the site into a
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permanent conservation easement In the event that preservation in place is demonstrated
to be infeasible and data recovery through excavation is the only feasible mitigation
available,an Archaeological Resources Treatment Plan that provides for the adequate
recovery of the scientifically consequential information contained in the archaeological
resource shall be prepared and implemented by the qualified archaeologist in consultation
with OCSD. The appropriate Native American representatives shall be consulted in
determining treatment for prehistoric or Native American resources to ensure cultural
values ascribed to the resource,beyond that which is scientifically important,are
considered.
Significance after Mitigation
With the implementation of Mitigation Measures CUL-1 through CUL4,the proposed project
would result in a less than significant impact to archaeological resources.
c) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
Less than Significant Impact with Mitigation Incorporated.Based on the results of the
paleontological database search,there are no known fossil localities in the project area and there
is a low potential to uncover significant vertebrate fossil remains during surface grading or
shallow excavations.However,excavations that extend down into the older Quaternary deposits
may encounter significant fossil vertebrate specimens.Given the proposed project includes
ground-disturbing activities,there is a potential for discovery of fossils that may be considered
significant paleontological resources.This potential impact to unknown paleontological resources
is considered significant. hnplementation of Mitigation Measures CUL-5 through CUL-7 would
reduce impacts to paleontological resources to less than significant by requiring protection and
proper handling of such resources,should any resource be uncovered during ground disturbance
activities.
Mitigation Measures
CUL-5: Prior to the start of any ground-disturbing activities,OCSD shall retain a
qualified paleontologist meeting the Society of Vertebrate Paleontology(SVP) Standards
(SVP,2010). The qualified paleontologist shall contribute to any construction worker
cultural resources sensitivity training either in person or via a training module provided to
the qualified archaeologist.The training session shall focus on the recognition of the
types of paleontological resources that could be encountered within the project area and
the procedures to be followed if they are found.The qualified paleontologist shall also
conduct periodic spot checks in order to ascertain when older deposits are encountered
and where monitoring shall be required.
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CUL-6: Prior to the start of any ground-disturbing activities,OCSD shall retain a
paleontological monitor to observe all grounddistarbing activities within older
Quaternary deposits.Paleontological resources monitoring shall be performed by a
qualified paleontological monitor,or cross-trained archaeological/paleontological
monitor,under the direction of the qualified paleontologist.The monitor shall have the
authority to temporarily halt or divert work away from exposed fossils in order to recover
the fossil specimens.Monitoring may be reduced or discontinued by the qualified
paleontologist,in coordination with OCSD,based on observations of subsurface soil
stratigraphy and/or other factors and if the qualified paleontologist determines that the
possibility of encountering fossiliferous deposits is low. The monitor shall prepare daily
logs detailing the types of activities and soils observed, and any discoveries. The
qualified paleontologist shall prepare a final monitoring a report to be submitted to
OCSD and filed with the local repository. Any recovered significant fossils shall be
curated at an accredited facility with retrievable storage.
CUL-7: If construction or other project personnel discover any potential fossils during
construction,regardless of the depth or presence of a monitor,work in the vicinity
(within 100 feet) of the find shall cease until the qualified paleontologist has assessed the
discovery and made recommendations as to the appropriate treatment.
Significance after Mitigation
With the implementation of Mitigation Measures CUL-5 through CUL-7,the proposed project
would result in a less than significant impact to paleontological resources.
d) Disturb any human remains,including those interred outside of dedicated
cemeteries?
Less than Significant Impact with Mitigation Incorporated.No human remains are known to
exist within or adjacent to the project area,and it is unlikely that the proposed project would
disturb unknown human remains. However,because the proposed project involves ground-
disturbing activities,it is possible that such actions could unearth,expose,or disturb previously
unknown human remains.Disturbance of human remains would result in a potentially significant
impact.Implementation of Mitigation Measure CUL-8 would reduce impacts to human remains
to less than significant,should any remains be uncovered during ground disturbance activities,by
requiring protection and proper handling of such resources in accordance with California Health
and Safety Code Section 7050.5 and Public Resources Code Section 5097.98.
Mitigation Measures
CUL-8: If human remains are encountered,OCSD or its contractor shall halt work in the
vicinity(within 100 feet)of the find and contact the Orange County Coroner in
accordance with PRC Section 5097.98 and Health and Safety Code Section 7050.5. If the
County Coroner determines that the remains are Native American,the NAHC will be
notified in accordance with Health and Safety Code Section 7050.5, subdivision(c),and
PRC Section 5097.98.The NAHC will designate an MLD for the remains per PRC
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Section 5097.98.Until the landowner has conferred with the MUD, OCSD shall ensure
that the immediate vicinity where the discovery occurred is not disturbed by further
activity,is adequately protected according to generally accepted cultural or
archaeological standards or practices,and that further activities take into account the
possibility of multiple burials.
Significance after Mitigation
With the implementation of Mitigation Measure CUL-8, the proposed project would result in a
less than significant impact to human remains,if encountered during ground-disturbing activities.
References
Morton,D.M.,2004.Preliminary Digital Geological Map of the 30'X 60' Santa Ana Quadrangle,
southern California,version 2.0. U.S. Geological Survey,Open-File Report OF-99-172.
Available at: https://pubs.usgs.gov/of/1999/o199-172/sanana2dmu.pdf.
Morton,D.M.,and Miller,F.K.,2006. Geologic map of the San Bernardino and Santa Ana 30'x
60'quadrangles,California.U.S.Geological Survey,Open-File Report OF-2006-1217,
scale 1:100,000. Available at: http://ngmdb.usgs.gov/ngmbin/pdp/mi_viewer.pl?id=14379.
Natural Resources Conservation Service(NRCS),2016.Web Soil Survey.Available at:
http://websoilsurvey.sc.egov.usda.gov/App[WebSoilSurvey.aspx.
Orange County Water District(OCWD),2016. Groundwater Replenishment System Final
Expansion Project,Addendum No.6,Final Program Environmental Impact
Report/Environmental Impact Statement&CEQA-PLUS Federal Consultation Review.
Society of Vertebrate Paleontology(SVP),2010. Standard Procedures for the Assessment and
Mitigation of Adverse Impacts to Paleontological Resources.Available at:
http://vertpaleo.orgfMembenhip/Member-
Ethics/SVP_hnpact_Mitigation_Guidelines.aspx.
U.S. Department of Agriculture(USDA), 1997.Bolsa Series.Available at:
https://soilseries.se.egov.usda.gov/OSD Docs/B/BOLSA.htrnl.
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4.6 Geology, Soils, and Seismicity
Lass Than
Potentlalry S1gnMoant with Lass man
sfgnMom MMgatlm slgnMcant
Issues(and supporting lnrorvnaflon sources): falsest Incerponpot hump! No haMM
6. GEOLOGY,SOILS,and SEISMICITY—
Would the project:
a) Expose people or structures to potential substantial
adverse effects,including the risk of loss,injury,or
death involving:
i) Rupture of a known earthquake fault,as ❑ ® ❑ ❑
delineated on the most recent Alquist-Paolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?(Refer to
Division of Mines and Geology Special
Publication 42.)
ii) Strong seismic ground shaking? ❑ ® ❑ ❑
iin Seismic-related ground failure,including ❑ ® ❑ ❑
liquefaction?
iv) Landslides' ❑ ❑ ❑
b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑
c) Be located on a geologic unit or soil that is unstable, ❑ ® ❑ ❑
or that would become unstable as a result of the
project,and potentially result in on-or off-site
landslide,lateral spreading,subsidence,liquefaction,
orcollapse?
d) Be located on expansive soil,as defined in ❑ ® ❑ ❑
Table 18-1-B of the Uniform Building Cade(1994),
creating substantial risks to life or properly?
e) Have soils incapable of adequately supporting the use ❑ ❑ ❑
of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
The following analysis is based on the evaluation of the following:
• Review of readily available background materials including published geologic and seismic
hazards maps and stereoscopic aerial photographs.
• Review of the geology and soils information provided in the Orange County Water District
Groundwater Replenishment System Final Expansion Project,Addendum No. 6(OC",
2016).
• Review of information presented in Faulting Study Results Proposed Low-Flow and Plant
Water Pump Stations Ocean Outtiall System Rehahilitation Orange County Sanitation District
Plant No. 2, Technical Memorandum(Kleinfelder,2017).
Environmental Evaluation
Would the project:
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a) Expose people or structures to potential substantial adverse effects,including the
risk of loss,injury,or death involving:
i) Rupture of a known earthquake fault,as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist
for the area or based on other substantial evidence of a known fault?(Refer
to Division of Mines and Geology Special Publication 42.)
Less than Significant with Mitigation incorporated.
The Alquist-Priolo Earthquake Zoning Act(Alquist-Priolo Act)requires the delineation of fault
zones along active faults in California.The purpose of the Alquist-Priolo Act is to regulate
development on or near active fault traces to reduce hazards associated with fault rupture.The
Alquist-Priolo Earthquake Fault Zones(AP Zones)are the regulatory zones that include surface
traces of active faults. Active or potentially active faults within Orange County are the San
Andreas fault, San Jacinto fault,Whittier-Elsinore fault,Newport-Inglewood fault and Palos
Verdes fault. The project area is located within an area with active splays of the Newport-
Inglewood fault.
The project area is not within a designated AP Zone. However,recent geotechnical studies
conducted on the project area by Kleinfelder(2017)have identified the presence of fault traces
associated with the Newport-Inglewood fault zone directly under the project area.The Newport-
Inglewood fault zone located in the Los Angeles Basin consists of a series of short,
discontinuous,northwest-trending right-lateral faults,relatively shallow anticlines and subsidiary
normal and reverse faults extending approximately 36 miles from the Santa Monica Mountains to
offshore Newport Beach.Four faults were identified within the project area. All faults offset the
early Holocene aquitard layer,as well as several overlying layers, indicating that these faults are
active(Kleinfelder,2017).Thus,the project area could be subject to ground fault rupture
resulting from a seismic event.
The Alquist-Priolo Act requires that structures designed for human occupancy be located at least
50 feet from a known fault,or 25 feet if detailed assessments determine the hazard is avoided at
25 feet. Since human occupancy of the new joint LOFLO PSIPWPS facility would specifically be
less than 2,000 man hours per year noted in the Alquist-Priolo Act,the 50-foot buffer is not
applicable to the proposed project.
The California Building Code(CBC),which has been codified in the California Code of
Regulations(CCR)as Title 24,Part 2 specifically establishes minimum standards to safeguard the
public health, safety and general welfare through structural strength,means of egress facilities,
and general stability by regulating and controlling the design,construction, quality of materials,
use and occupancy, location, and maintenance of all building and structures within its
jurisdiction.The CBC(Section 1613.1)includes earthquake design requirements that take into
account the occupancy category of the structure,site class,soil classifications,and various
seismic coefficients which are used to determine a Seismic Design Category(SDC)for a project.
The SDC is a classification system that combines the occupancy categories with the level of
expected ground motions at the site and ranges from SDC A(very small seismic vulnerability)to
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SDC E(very high seismic vulnerability and near a major fault). Design specifications are then
determined according to the SDC.
The design of the newjoint LOFLO PS/PWPS facility would comply with the standards of the
CBC for unoccupied structures located over fault zones.Adherence to the CBC standards would
ensure the strongest structure feasible at the proposed location,with no increased risk to human
life. It should be noted that while the newjoint LOFLO PS/PWPS facility would provide vital
function in wastewater discharge,Plant 2 has redundancies in place that could accommodate the
function of discharge to the ocean outfall in the event of a facility outage. Should the structure be
damaged by surface rupture,Plant 2 would continue to function.
Mitigation Measure GEO-1 requires OCSD to design the newjoint LOFLO PS/PWPS facility to
meet CBC standards for construction of non-occupied structures within a fault zone. Mitigation
Measure GEO-1 would also ensure the facility would be constructed in accordance with
recommendations of the design-level geotechnical investigations. Implementation of Mitigation
Measure GEO-1 would ensure that impacts from seismic activity would be less than significant.
ill Strong seismic ground shaking?
Less than Significant with Mitigation incorporated.The project area is located in a seismically
active region and is subject to strong ground shaking. Ground shaking is partly related to the size
of an earthquake,the distance from the epicenter,and the response of the geologic materials at the
site. As a rule,the greater the earthquake magnitude and the closer the fault rupture to the site,the
greater the intensity of ground shaking and potential damage to facilities.As discussed,the
Newport-Inglewood fault zone is a known active fault within the project area and is capable of
producing earthquakes.The Newport-Inglewood-Rose Canyon fault is capable of generating a
magnitude(Mw)7.1 earthquake and has an estimated slip rate of 0.5 to 2.0 millimeters per year.
Earthquakes are unavoidable hazards;however,the resultant damage can be minimized through
appropriate seismic design and engineering. As discussed under i)above, OCSD would design
the new joint LOFLO PS/PWPS facility in conformance with applicable standards established by
the CBC.These design standards consider proximity to potential seismic sources and the
maximum anticipated groundshaking possible,and compliance with these building safety design
standards would reduce potential impacts associated with groundshaking. Implementation of
Mitigation Measure GEO-1 would ensure that impacts would be less than significant.
III) Seismic-related ground failure,including liquefaction?
Less than Significant with Mitigation Incorporated.Liquefaction is a phenomenon where
unconsolidated and/or near saturated soils loses cohesion and are converted to a fluid state as a
result of severe vibratory motion.The relatively rapid loss of soil during strong earthquake
shaking results in the temporary fluid-like behavior of the soil.
The project area is located within a liquefaction hazard zone due to its younger alluvial soils(City
of Huntington Beach,2009;DOC, 1997;OCWD, 2016).Thus,in the event of a large earthquake
with a high acceleration of seismic shaking,the potential for liquefaction exists. Given this
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potential,if liquefiable soils are not taken into consideration in the design of proposed joint
LOFLO PS/PWPS facility and during construction site preparation activities,liquefiable soils
could have the potential to impact the structural components of the proposed project.Therefore,
implementation of the proposed project could expose people or structures to potential significant
impacts,including the risk of loss,injury,or death involving liquefaction.Implementation of
Mitigation Measure GEO-I would ensure that impacts would be less than significant.
Mitigation Measures
GEO-1: OCSD shall conduct site-specific, design-level geotechnical investigations to
evaluate the geological and seismic hazards of. slope instability;liquefaction;total and
differential settlement,and surface displacement due to faulting or seismically induced
lateral spreading or flow.Following geotechnical investigations,a geotechnical report
shall be prepared by a structural and geotechnical engineer.The geotechnical report shall
include recommendations for foundation design or other measures to mitigate these
hazards.Final design of the newjoint LOFLO PS/PWPS facility shall be consistent with
the most recent version of the California Building Code(CBC), Seismic Hazards
Mapping Act,and Zone 4 requirements to mitigate potential risks from fault rupture,
expansive soils,liquefaction hazards,and ground accelerations,and shall incorporate
recommendations contained in the gemechnical report. The final design shall be stamped
by a professional engineer.
Significance after Mitigation
Implementation of Mitigation Measure GEO-1 would include design measures to reduce the risk
for geologic hazards, such as those from ground-failure,liquefaction,and expansive soils.
Therefore,the proposed project would not expose people or structures to potential adverse effects
involving seismic-related ground failure,including liquefaction,and impacts would be less than
significant.
iv) Landslides?
No Impact.The implementation of the proposed project would not result in landslides.
Landslides are deep-seated ground failures(several tens to hundreds of feet deep)in which a
large section of a slope detaches and slides downhill.The project area is located in a relatively
flat area that has previously been graded and developed. There is no known history of landslides
in the general area of the project. Further,the project area is not within a State-Designated
Seismic Hazard Zone for Earthquake-Induced Landslides(DOC, 1997).Therefore,landslides are
not considered a potential hazard within the project area and no impacts would occur.
b) Result in substantial soil erosion or the loss of topsoil?
Less than Significant Impact. Soil exposed by construction activities for the proposed project
could be subject to erosion if exposed to heavy rain,winds,or other storm events.Further,as
construction could disturb one or more acres of soil, OCSD would be required to comply with the
National Pollutant Discharge Elimination System(NPDES)Construction General Pemut. In
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compliance with this permit,a Storm Water Pollution Prevention Program(S WPPP)would be
prepared and implemented,which would require erosion control, sediment control,non-
stormwater and waste and material management Best Management Practices(BMPs)to minimize
the loss of topsoil or substantial erosion.
Furthermore,implementation of the proposed project would need to comply with SCAQMD Rule
403 for dust control that would ensure the prevention and/or management of the loss of topsoils
and erosion during construction.Therefore,potential loss of topsoil and substantial soil erosion
during construction and operation of the proposed project would be less than significant.
c) Be located on a geologic unit or soil that is unstable,or that would become unstable
as a result of the project,and potentially result in on-or off-site landslide,lateral
spreading,subsidence,liquefaction,or collapse?
Less than Significant with Mitigation Incorporated.Non-seismically-induced geologic
hazards such as landslides,lateral spreading, settlement,and slope failure can be caused by
unstable soils. Subsidence of the ground surface occurs under static conditions(i.e.,due to
consolidation settlement from overlying load or long-term water or mineral extraction),but can
also be accelerated and accentuated by earthquakes. The extraction of fluid resources from
subsurface sedimentary layers(i.e.,water or oil)can result in subsidence from the removal of
supporting layers in the geologic formation. Settlement of loose,unconsolidated soils generally
occurs slowly,but can cause significant structural damage if structures are not properly designed.
The project area is not in an area that is subject to subsidence identified in the City of Huntington
Beach General Plan(City of Huntington Beach,2009). Therefore,no impacts related to
subsidence are anticipated.
Refer to response a)iii)and a) iv)above for discussions of potential impacts related to
liquefaction and landslides. The proposed project is located in an area defined as having the
potential for liquefaction or collapse.The proposed project would involve grading activities and
would construct subterranean facilities that could induce unstable soil activity.Therefore,the
project could be located on unstable soils resulting in potentially significant impacts.
Mitigation Measure
See Mitigation Measure GEO-l.
Significance after Mitigation
Implementation of Mitigation Measures GEO-1 would include design measures to reduce the risk
of unstable soils resulting from liquefaction or collapse. Therefore,the proposed project would
not expose people or structures to potential adverse effects from unstable soils and impacts would
be less than significant.
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d) Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building
Code(1994),creating substantial risks to life or property?
Less than Significant Impact with Mitigation Incorporated.Expansive soils are characterized
by their ability to undergo significant shrink or swell due to variations in moisture content.This
can result from precipitation, landscape irrigation,utility leakage,roof drainage,perched
groundwater,drought,or other factors.The predominate soil association within the project area is
the Heuneme-Bolsa Association, a nearly level,excessively drained fine sand loams located on
alluvial fans and floodplains. The soils are characterized has having a moderate-to-high shrink-
swell potential(OCWD,2016). Therefore, impacts related to expansive soils are potentially
significant.
Mitigation Measures
See Mitigation Measure GEO-1.
Significance after Mitigation
Implementation of Mitigation Measure Geo-1 would include design measures to reduce the risk
for geologic hazards, such as those from expansive soils.Therefore,the proposed project would
not expose people or structures to potential adverse effects involving expansive soils,and impacts
would be less than significant.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of
waste water?
No Impact.The proposed project does not include septic tanks or alternative waste disposal
systems.As a result,there is no potential for soil failure associated with the installation of septic
tanks or alternative waste disposal systems.No impact would occur.
References
City of Huntington Beach,2009. City of Huntington Beach, Environmental Hazards Element.
Amended 2009.
Department of Conservation(DOC), 1997.State of California Seismic Hazard Zones, Newport
Beach Quadrangle Offrcial Map.April 17, 1997.
Kleinfelder,2017.Faulting Study Results Proposed Low-Flow and Plant Water Pump Stations
Ocean Outfdl System Rehabilitation Orange County Sanitation District Plant No. 2,
Technical Memorandum. Revised April 17,2017.
Orange County Water District(OCWD),2016. Groundwater Replenishment System Final
Expansion Project,Addendum No. 6, Final EIR.August 2016.
0-an oucau sy,:rem Rtamivaroni 57 esa(1s1ms
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4.7 Greenhouse Gas Emissions
Lau Thal
Peartlaw Agnlpcaatwhh Lass Than
slgaMOM MMeas. stgnMcaat
lssuea(aad supporting ln/crma0on sources): Impact Incorplail easier No anpaM
]. GREENHOUSE GAS EMISSIONS—
Would the project:
a) Generate greenhouse gas emissions,either directly or
indirectly,that may have a significant impact on the
environment?
b) Conflict with an applicable plan,policy,or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
Discussion
"Global warming"and"global climate change"we the terms used to describe the increase in the
average temperature of the earth's near-surface air and oceans since the mid-20th century and its
projected continuation.According to the International Panel on Climate Change(IPCC)warming of
the climate system is now considered unequivocal(IPCC,2007).Natural processes and human
actions have been identified as the causes of this warning.The IPCC has concluded that variations
in natural phenomena such as solar radiation and volcanoes produced most of the warming from
pre-industrial times to 1950 and had a small cooling effect afterward.After 1950,increasing GHG
concentrations resulting from human activity such as fossil fuel burning and deforestation are
believed to be responsible for most of the observed temperature increase.Increases in GHG
concentrations in the earth's atmosphere me thought to be the main cause of human-induced climate
change.Certain gases in the atmosphere naturally trap heat by impeding the exit of solar radiation
that is reflected back into space after striking the earth. This is sometimes referred to as the
"greenhouse effect"and the gases that cause it are called"greenhouse gases."Some GHGs occur
naturally and me necessary for keeping the earth's surface inhabitable.However,increases in the
concentrations of these gases in the atmosphere during the last 100 years have decreased the amount
of solar radiation that is reflected back into space,intensifying the natural greenhouse effect and
increasing average global temperatures.
Carbon dioxide(CO2),methane(CH.),nitrous oxide(N20),hydrofluorocarbons(HFCs),
perfluorocarbons(PFCs),and sulfur hexafluoride(SF6)are the principal GHGs.When
concentrations of these gases exceed natural concentrations in the atmosphere,the greenhouse
effect may be intensified. CO2,CHa and N20 occur naturally,and through human activity.
Emissions of CO2 are largely by-products of fossil fuel combustion,whereas CH4 results from
off-gassing3 associated with agricultural practices and landfills. Other human-generated GHGs
include fluorinated gases such as SFCs,PFCs and SFe,which have much higher heat-absorption
potential than CO2,and are byproducts of certain industrial processes.
CO2 is the reference gas for climate change because it is the predominant GHG emitted.The
effect that each of the aforementioned gases can have on global warming is a combination of the
3 Off-gassing is defined as the release of chemicals under normal conditions oftempeature and pressure.
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mass of their emissions and their global warming potential(GWP). GWP indicates, on a pound-
for-pound basis,how much a gas contributes to global warning relative to how much warming
would be caused by the same mass of CO2.For example,CH4 and N20 are substantially more
potent GHGs than CO2,with GWPs of 21 and 310 times that of CO2,respectively.
In emissions inventories,GHG emissions are typically reported in terms of pounds or metric tons
Of CO2 equivalents(CO2e).CO2e is calculated as the product of the mass emitted of a given GHG
and its specific GWP.While CIL and N20 have much higher GWPs than CO2,CO2 is emitted in
such vastly higher quantities that it accounts for the majority of GHG emissions in CO2e,both
from residential/commercial developments and human activity in general.
Executive Order S-3-05
In 2005, in recognition of California's vulnerability to the effects of climate change,Governor
Schwarzenegger established Executive Order S-3-05,which set forth a series of target dates by
which statewide emissions of GHGs would be progressively reduced,as follows:
• By 2010,reduce GHG emissions to 2000 levels;
• By 2020,reduce GHG emissions to 1990 levels; and
• By 2050,reduce GHG emissions to 80 percent below 1990 levels.
California Health and Safety Code, Division 25.5- California Global Warming
Solutions Act of 2006
In 2006, the California State Legislature adopted AB 32(codified in the California Health and
Safety Code [HSC], Division 25.5—California Global Warming Solutions Act of 2006),which
focuses on reducing GHG emissions in California to 1990 levels by 2020. HSC Division 25.5
defines GHGs as CO2,CH4,N20, HFCs,PFCs,and S176 and represents the first enforceable
statewide program to limit emissions of these GHGs from all major industries with penalties for
noncompliance.Under HSC Division 25.5,CARB has the primary responsibility for reducing
GHG emissions and is required to adopt rules and regulations directing state actions that would
achieve GHG emissions reductions equivalent to 1990 statewide levels by 2020.
As required by HSC Division 25.5,CARB approved the 1990 GHG emissions inventory,thereby
establishing the emissions limit for 2020. The 2020 emissions limit was originally set at
427 million metric tons(MMT)CO2e. CARB also projected the state's 2020 GHG emissions
under business-as-usual(BAU)conditions—that is, emissions that would occur without any
plans,policies,or regulations to reduce GHG emissions. CARE originally used an average of the
state's GHG emissions from 2002 through 2004 and projected the 2020 levels at approximately
596 MMTCO2e.In 2014,CARB revised the target using updated GWP values from the IPCC
Fourth Assessment Report(AR4)and determined that the 1990 GHG emissions inventory and
2020 GHG emissions limit is 431 MMTCO2e. CARB also updated the State's 2020 BAG
emissions estimate to account for the effect of the 2007-2009 economic recession,new estimates
for future fuel and energy demand,and the reductions required by regulation that were recently
adopted for motor vehicles and renewable energy. CARB's revised 2020 BAU emissions estimate
using the GWP values from the IPCC AR4 is 509.4 MMTCO2e.
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In 2016,the California State Legislature adopted Senate Bill(SB)32 and its companion bill AB
197,both were signed by Governor Brown. SB 32 and AB 197 amends HSC Division 25.5 and
establishes a new climate pollution reduction target of 40 percent below 1990levels by 2030 and
includes provisions to ensure the benefits of state climate policies reach into disadvantaged
communities. CARB is in the process of preparing and adopting the 2017 Climate Change
Scoping Plan Update to reflect the 2030 target established in Executive Order B-30-15 and
SB 32.
Senate Bill 375
SB 375,which establishes mechanisms for the development of regional targets for reducing
passenger vehicle greenhouse gas emissions,was adopted by the State on September 30,2008.
On September 23,2010,CARB adopted the vehicular greenhouse gas emissions reduction targets
that had been developed in consultation with the metropolitan planning organizations(MPOs);
the targets require a 7 to 8 percent reduction by 2020 and between 13 to 16 percent reduction by
2035 for each MPO. SB 375 recognizes the importance of achieving significant greenhouse gas
reductions by working with cities and counties to change land use patterns and improve
transportation alternatives.Through the SB 375 process,MPOs,such as the Southern California
Council of Governments(SCAG)will work with local jurisdictions in the development of
sustainable communities strategies(SCS)designed to integrate development patterns and the
transportation network in a way that reduces greenhouse gas emissions while meeting housing
needs and other regional planning objectives. SCAG's reduction target for per capita vehicular
emissions is 8 percent by 2020 and 13 percent by 2035(CARB, 2010). The MPOs will prepare
their first SCS according to their respective regional transportation plan(RTP)update schedule
with the SCAG RTP/SCS adopted on April 4,2012.
South Coast Air Quality Management District
As a method for determining significance under CEQA, SCAQMD developed a draft tiered
flowchart in 2008 for determining significance thresholds for GHGs for industrial projects where
SCAQMD is acting as the lead agency. In December 2008, SCAQMD adopted a 10,000
MTCO2e/year threshold for industrial facilities,but only with respect to projects where
SCAQMD is the lead agency. SCAQMD has not adopted a threshold for residential or
commercial projects at the time of this writing.
The SCAQMD flowchart uses a tiered approach in which a proposed project is deemed to have a
less than significant impact related to GHG emissions when any of the following conditions are met
• GHG emissions are within GHG budgets in an approved regional plan
• Incremental increases in GHG emissions due to the project we below the defined
Significance Screening Levels,or Mitigated to Less than the Significance Screening
Level
• Performance standards are met by incorporating project design features and/or
implementing emission reduction measures
• Carbon offsets are made to achieve target significance screening level
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Environmental Evaluation
Would the project:
a) Generate greenhouse gas emissions,either directly or indirectly,that may have a
significant impact on the environment?
Less than Significant Impact. According to SCAQMD methodology,because GHG emissions
are a cumulative impact,project significance is determined by the combined amortized
construction and operational emissions.
Construction-related GHG emissions for the proposed project were estimated using CalEEMod
Version 2016.3.1 with the same assumptions as the air quality analysis.The proposed project's
total estimated GHG emissions during construction would be approximately 1,128 MTCO2e.
This would equal approximately 37.6 MTCO2e per year after amortization over 30 years per
SCAQMD methodology.
Area and indirect sources associated with the proposed project would primarily result from
electricity consumption,water transport(the energy used to pump water to and from the project
area),and solid waste generation.
Similar to the air quality analysis,the annual operational GHG emissions associated with the
project are presented as an addition to preexisting emissions due to the potential overlap in
operation while the old facility is intermittently decommissioned.
Currently,while SCAQMD has issued proposed standards and guidelines,there is no adopted
state or local standard for determining the cumulative significance of the proposed project's GHG
emissions on global climate change. However,the SCAQMD has proposed a screening level of
10,000 MTCO2e per year for industrial projects(SCAQMD,2008).It is estimated that this
screening threshold would capture 90 percent of the GHG emissions from new industrial projects.
Since the City also has not adopted any significance criteria or guidelines for GHG analysis,the
annual threshold of 10,000 MTCO2e proposed by the SCAQMD was used as a screening level
for determining the significance of the proposed project's GHG emissions.
As shown in Table 11,the proposed project's total annual GHG emissions, as calculated using
CalEEMod Version 2016.3.1,would be approximately 128 MTCO2e per year(detailed
calculations are included in Appendix C),which would not exceed SCAQMD's proposed
screening level of 10,000 MTCO2e per year for industrial projects. Therefore,the change in GHG
emissions resulting from project implementation is considered to be less than significant.
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TABLE 11
ESTIMATED CONSTRUCTION-AND OPERATIONS-RELATED OHO EMISSIONS
Emission Source Estimated Emissions Core(MT/year)
Construction
Annual Mitigated Construction(Amortized over 30 years 34
Operations
Area Sources <0.1
Energy Consumption 43
Mobile Sources 30
Solid Waste 7
Water Consumption 14
Total(Construction and Operational Emissions 128
Greater than 10,000 MTCO2e? No
NOTES:
-GHG emissions for intermittent construction phases(e.g.demolition,drainage)calculated proportionally to number of
work days,not total days
SOURCE:Refer to Appendix C
b) Conflict with an applicable plan,policy,or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Less than Significant Impact.The proposed project would not conflict with any plan,policy,or
regulation aimed at reducing the emissions of greenhouse gas emissions.
Consistency with CARB Scoping Plan
The proposed project has no direct conflict with CARB's(2008) Scoping Plan.As shown in
Table 11,total GHG emissions are well below the threshold of 10,000 MTCO2e per year for
industrial projects.Additionally,the project's operational impact will lessen once the old facility
is completely decommissioned.The amortized construction emissions of approximately 34
MTCO2e represents a negligible and temporary fraction that will not interfere with CARB's
planned reduction in emissions stated in the Scoping Plan. Furthermore,the proposed project
would not conflict with or impede the future statewide GHG emission reductions goals.CARB
has outlined a number of potential strategies for achieving the 2030 reduction target of 40 percent
below 1990 levels. These potential strategies include renewable resources for half of the State's
electricity by 2030,reducing petroleum use in cars and trucks,and reducing the carbon content of
transportation fuels.The proposed project would comply with these future regulations,as
promulgated by USEPA,CARB,CEC,or other agency. As a result,the proposed project would
be expected to exhibit declining GHG emissions trajectory in-line with future state GHG
reductions goals codified in HSC Division 25.5 for 2030. Once completely phased out,the new
facility will operate more efficiently than the system it replaced and further contribute to
reduction goals. As a result,this impact would be less than significant.
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Consistency with City of Huntington Beach Energy Action Plan
The City of Huntington Beach(2011) Energy Action Plan addresses GHG reductions through
2020,consistent with AB 32's goal of reducing GHG emissions to 1990 levels.As demonstrated
above,the proposed project would not exceed the SCAQMD's 10,000 MTCO2e threshold
developed to help the region attain 1990 GHG emission levels by 2020.Therefore, the proposed
project would not interfere with the City of Huntington Beach Energy Action Plan as the
proposed project would not excessively increase GHG emissions within the City.
Consistency with SB 375
The key goal of the Sustainable Communities Standard(SCS)is to achieve GHG emission
reduction targets through integrated land use and transportation strategies.The focus of these
reductions is on transportation and land use strategies that influence vehicle travel.The proposed
project would not increase vehicle traffic within the City or the region.Therefore, the proposed
project would not conflict with the implementation of SB 375.No mitigation is required.
References
CARB.2008, Climate Change Scatting Plan,
www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf,December 2008.
CARB,2010. Sustainable Communities and Climate Protection Act of 2008,SB 375.Available at:
https:/Aw .mb.ca.gov/cc/sb375/sb375.htm.Accessed March 2017.
City of Huntington Beach.2011,Energy Action Plan.
http://acfion.themffgynetwork.com/home/showdoc=ent?id=26.
Intergovemmemal Panel on Climate Change(IPCC),2007.Fourth Assessment Report of the IPCC.
Available at:
https://www.ipee.ch/publications_and_data/publications_ipcc_fourth_assessment_report syn
thesis_mport.htm.Accessed February 2017.
SCAQMD.2008,Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and
Plans, December 2008.htq)://www.agmd.gov/dots/default-
source/cega/handbook/greenhouse-gases-(ghg)-cega-significance-
thresholds/ghgboardsynopsis.pdflsfvrsn=2.
Oman Oucol By tom RahabiloWun/ 63 EM1161M
Ouftil—Flu-Pump B tlon(Proa No.J19B) July 2017
4.8 Hazards and Hazardous Materials
Less Than
Potentially s moul nt with Less man
slgnMOM lowered. sl'suffi t
lea...(.ad supporting Information sources): Impact incorporated Impact Ito Imes"
8. HAZARDS AND HAZARDOUS MATERIALS—
Would the project:
a) Create a significant hazard to the public or the ❑ ❑ ® ❑
environment through the routine transport,use,or
disposal of hazardous materials?
b) Create a significant hazard to the public or the ❑ ❑ ® ❑
environment through reasonably foreseeable upset
and accident conditions Involving the release of
hazardous materials Into the environment?
c) Emit hazardous emissions or handle hazardous or ❑ ❑ ❑
acutely hazardous materials,substances,or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is'I ncluded on a list of ❑ ❑ ❑
hazardous materials sites compiled pursuant to
Government Code Section 6591 and,as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan ❑ ❑ ❑
or,where such a plan has not been adopted,within
two miles of a public airport or public use airport,
would the project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip, ❑ ❑ ❑
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with ❑ ❑ ® ❑
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of loss, ❑ ❑ ❑
injury,or death involving wildland fires,including where
midlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Environmental Evaluation
Would the project:
a) Create a significant hazard to the public or the environment through the routine
transport,use,or disposal of hazardous materials?
Less than Significant Impact.Construction activities associated with the proposed project
would involve transport,use,and disposal of hazardous materials such as solvents,oils,grease,
and cleaning fluids.In addition,mold-contaminated materials,asbestos,and lead may be
encountered during rehabilitation work at the existing Cen Gen and GOBS. Operation and
maintenance activities associated with the proposed LOFLO PS/PWPS facility would also require
limited use of hazardous materials,such as diesel fuel for temporary bypass pump operations.
Hazardous materials would be stored in appropriate containers within the pump station facility
and would be used in accordance with state and local regulations.
Oman Ourall S"ar leM1abililaWn/ 64 EM1161M
Wtlmll oNi Flow Fump Saellon(Fmlxol No.J199) July 2017
All transport,use,and disposal of hazardous materials would comply with federal, state and local
laws regulating the management and use of such materials(e.g.,U.S. Occupational Safety and
Health Standards). Construction specifications prepared for the proposed project would identify
BMPs to ensure the lawful transport,use,and disposal of hazardous materials.Therefore,by
complying with relevant federal, state,and local laws,the proposed project would not result in a
significant hazard to the public or to the environment through the routine transport,use,or
disposal of hazardous materials during operation of the proposed project. Impacts would be less
than significant.
b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment?
Less than Significant Impact.As discussed above,while hazardous materials may be used or
encountered during construction and operation of the proposed project,the transport,use,and
disposal of hazardous materials would be required to comply with existing federal,state and local
regulations regarding the use and disposal of these materials. In the event of an accidental release
during construction or operation of the proposed project,containment and clean up would be in
accordance with existing applicable regulatory requirements.Construction specifications
prepared for the proposed project would identify BMPs to ensure the lawful transport,use,and
disposal of hazardous materials.Therefore,potential impacts to the public or the environment
related to reasonably foreseeable accident conditions involving hazardous materials would be less
than significant.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances,or waste within 0.25 mile of an existing or proposed school?
No Impact.The project area is not located within 0.25 mile of a school.The John H. Eader
Elementary School is located 0.4 miles northwest of Plant 2 at 9291 Banning Ave.Nonetheless,
in the event of an accidental release during construction, containment and clean up would occur
in accordance with existing applicable regulatory requirements to protect school attendees.
Operation of the proposed project would require the use of limited quantities of diesel fuel for
short term temporary bypass pump operations. Fuels would be stored and used in accordance with
existing local and state regulations and would not impact John H.Eader Elementary School.
Therefore,no impacts would occur regarding accidental release of hazardous materials within
0.25 mile of a school.
d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and,as a result,would it create a
significant hazard to the public or the environment?
No Impact.The proposed project would be implemented entirely within Plant 2.A review of the
Department of Toxic Substances Control's(DTSC)Hazardous Waste and Substances List—Site
Cleanup(Cortese List)indicates that identified hazardous material sites are not located within the
project area(DTSC,2007a).A database search of hazardous materials sites using the online
Oman Oulfall Sy mRehabilllaWn/ 655 EMI161M
Outlell Low Flow Pump B1e11on(Fm� No.J117B) July 2017
DTSC EnviroStor and State Water Resources Control Board(SWRCB)GeoTracker databases
identified the project area as having a permitted underground storage tank(UST)and two closed
leaking underground storage tank(LUST)cases(DTSC,20071b; SWRCB,2015).
Typically,sites are deemed closed once they have demonstrated that the levels of existing
contamination present no significant risk to human health or the environment. The LUSTS at
Plant 2 are closed cases because the tanks and affected soils have been removed and determined
to have no residual soil contamination,if any exists,that pose a threat to human health or the
environment. Further,no known releases have occurred from the existing permitted UST.No
additional contaminated sites were identified within 0.25-mile radius of the project area and
project area is not listed on any other regulatory agency list as having had a known release of
hazardous materials.Therefore,no significant hazards to the public or the environment would
occur.
e) For a project located within an airport land use plan or,where such a plan has not
been adopted,within 2 miles of a public airport or public use airport,would the
project result in a safety hazard for people residing or working in the project area?
No Impact.The nearest airport to the project area is the John Wayne Airport,located
approximately 8 miles to the northeast at 18800 MacArthur Blvd in the City of Costa Mesa.
Therefore,the proposed project is not located within an airport land use plan or within 2 miles of
a public airport or public use airport.No impact would occur.
f) For a project within the vicinity of a private airstrip,would the project result in a
safety hazard for people residing or working in the project area?
No Impact.No private airstrips exist in the vicinity of the project area.Therefore,the proposed
project would not result in a safety hazard for people residing or working in the project area.No
impact would occur.
g) Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
Less than Significant Impact.Construction and operation of the proposed project would occur
entirely within Plant 2. OCSD currently implements an Integrated Emergency Response Program
(IERP)in accordance with Occupational Safety and Health Administration(OSHA)regulations
to cover worker safety,spill prevention, emergency response and bazardous materials
management for activities at Plant 2.The IERP includes safety procedures for operations and
maintenance workers,which includes safety training,hazard communications,and personal
protective equipment.Construction of the proposed project is not anticipated to physically
interfere with an adopted emergency response plan or evacuation plan because all construction
activities and staging areas including internal roadways would be within Plant 2. Construction
activities would not interfere with emergency response access to Plant 2 or project area.Impacts
would be less than significant regarding interference with an adopted emergency response plan or
emergency evacuation plan.
Oman OuVol Bytom R haulfiftWn/ 66 E54/161M
Ouftil—Flu-Pump B llon(Proa No.J19B) July 2017
h) Expose people or structures to a significant risk of loss,injury,or death involving
wildland fires,including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact.The project area is located within the developed Plant 2 property adjacent to the
coastal zone and is not located within or in the vicinity of a high fire hazard zone.The proposed
project is not located adjacent to wildlands or near a substantial amount of dry brush that could
expose people to wildfire risks.No impacts would occur.
References
Department of Toxic Substances Control(DTSC),2007a.DTSC's Hazardous Waste and
Substances Site List-Site Cleanup(Cortese List).Available at:
http://www.dtsc.ca.gov/SiteClewup/Cortese_List.cfm, accessed Marc 14,2017.
DTSC,2007b. EnviroStor,Map Location of Interest.Available at:
hhp://www.envirostor.dtsc.ca.gov/public/,accessed March 14,2017.
State Water Resources Control Board(SWRCB),2015. GeoTmcker. Available at:
https://geotracker.waterbouds.ca.gov/, accessed March 14,2017.
Oman OuMol Bytom Rehabililabn/ 67 E54/161M
Cuftil vFlu-Pump B tlon(Proa No.J19B) July 2017
4.9 Hydrology and Water Quality
Less Than
Potengalty SlgnMcaat with Lass man
slgnMOM Mwgaeon sterna nr
houses(and supporting lnronnarlon sources): Impaor Incarpowrapt Impact rlo lmpaM
9. HYDROLOGY AND WATER QUALITY
-
Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such
that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level(a g.,the
production rate of pre-existing nearby wells would
drop to a level which would not support existing land
uses or planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern of the
site or area,including through the alteration of the
course of a stream or river,in a manner which would
result in substantial erosion or siltation on-or off-site?
it) Substantially alter the existing drainage pattern of the
site or area,including through the alteration of the
course of a stream or river,or substantially increase the
rate or amount of surface runoff in a manner that would
result In flooding on-or off-site?
e) Create or contribute runoff water that would exceed
the capacity of existing or planned stormwaler
drainage systems or provide substantial additional
sources of polluted runoff?
q Otherwise substantially degrade water quality?
g) Place housing within a 100year food hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h) Place within a 100year flood hazard area structures
that would impede or excited flood Flows?
i) Expose people or structures to a significant risk of
loss,injury or death involving Footling,including
Footling as a result of the failure of a levee or dam?
j) Inundation by seiche,tsunami,or mutlflow?
Environmental Evaluation
Would the project:
a) Violate any water quality standards or waste discharge requirements?
Less than Significant Impact.The proposed project would require earthwork activities such as
site preparation,grading, stockpiling of soils and excavation.These construction activities would
involve the disturbance of surface soils. Once disturbed,these soils could be exposed to the
effects of wind and water erosion causing sedimentation in stormwater runoff. Construction
would also involve use of chemicals and solvents such as fuel and lubricating grease for
motorized heavy equipment. Inadvertent spills or releases of such chemicals could cause an
Oman Ourall aytear Rehabilitation/ 68 EMI161M
Wtlell Loi Flow Pump louslon purled No.J1 1la) July 2017
adverse water quality impact.Please refer to the Hazards and Hazardous Materials section for
additional information.
Construction of the proposed project would encompass approximately 2 acres;therefore
construction would be subject to a General Construction Permit under the National Pollutant
Discharge Elimination System(NPDES)permit program of the federal Clean Water Act.As
required under the General Construction Permit,the contractor would prepare and implement a
SWPPP. The SWPPP requires a submittal of a notice of intent(NOD application to the Santa Ana
Regional Water Quality Control Board(RWQCB)prior to construction activities. Implementation
of the SWPPP would be consistent with the Orange County Stormwater Program and Orange
County NPDES Permit,and would begin with the commencement of construction and continue
through the completion of the project. The objectives of a SWPPP is to identify pollutant sources
(such as sediment)that may affect the quality of stormwater discharge and to implement best
management practices(BMPs)to reduce pollutants in stomawater.
Erosion control BMPs identified in the SWPPP would be used to prevent the degradation of water
quality in the construction area. BMPs that could be used to enhance erosion control include
scheduling to avoid wet weather events;hydraulic mulching;hydroseeding;using soil binders;
straw mulching;using geotextiles,plastic covers,and erosion control blankeWmats; and wood
mulching.BMPs would also include practices for proper handling of chemicals such as avoidance
of fueling at the construction site and overtopping during fueling,and installation of containment
pans.Further, implementation of standard construction procedures and precautions as discussed
in Hazards and Hazardous Materials,and compliance with the Orange County Stormwater
Program requirements would also ensure that the water quality impacts related to the handling of
hazardous materials from proposed project construction would be less than significant.
OCSD frequently updates their On-Site Stormwater Management Plan(OSSWMP).The
OSSWMP regulates stormwater management for both OCSD treatment plants and stormwater
management during operation of Plant 2. The OSSWMP is frequently updated and complies with
the Orange County NPDES Permit described above. Therefore,no substantial adverse impacts to
water quality would occur and operational impacts would be less than significant.
b) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level(e.g.,the production rate of pre-
existing nearby wells would drop to a level which would not support existing land
uses or planned uses for which permits have been granted)?
Less than Significant Impact.The proposed project would not result in an impact to
groundwater supplies. During construction,the project area would be watered during dry and
windy conditions to prevent dust and debris from migrating off-site.The demand for construction
watering would be minor and temporary during intermittent construction times.
Groundwater would be encountered in excavations below approximately 3 feet during
construction of the proposed project.Dewatering as part of the proposed project would not
Oman ON 11 By tom Rehabiluabon/ 69 E54/161M
Outlell—Flow Pump Blellon(Prolool No.J19B) July 2017
substantially deplete groundwater supplies or interfere substantially with groundwater recharge.
Impacts would be less than significant.
c) Substantially alter the existing drainage pattern of the site or area,including
through the alteration of the course of a stream or river,in a manner which would
result in substantial erosion or siltation on-or off-site?
Less than Significant Impact.The proposed project would not alter the course of a stream or
river.Earth-moving activities would occur during construction that would slightly alter the
topography of the project area. SWPPP erosion control measures(introduced above)would be
implemented to reduce surface runoff impacts during construction.These control measures
would reduce potential impacts to less than significant.
The proposed project would not involve activities that could substantially impact local drainage
patterns such as substantial grading,topographic alteration,or impacts to drainages or storm drain
facilities.The existing plant-wide drainage system is adequate to capture/convey flows to OCSD
headworks.Therefore,the proposed project would not alter the existing drainage pattern of the
project area or area and substantial erosion of siltation would not occur.Impacts would be less
than significant.
d) Substantially alter the existing drainage pattern of the site or area,including
through the alteration of the course of a stream or river,or substantially increase
the rate or amount of surface runoff in a manner that would result in flooding on-
or off-site?
Less than Significant Impact.As stated above,the proposed project would not substantially
alter the local drainage pattern. Storrwater runoff within the project area is currently captured
and conveyed to the headworks for treatment prior to discharge to the ocean.The proposed
project would use minimal water during construction and operation and would thereby not
generate a large amount of runoff as a result of on-site activities.No stream or river traverses the
project area. The Santa Ana River is located just east of the project area but project
implementation would not substantially increase the rate or amount of surface runoff in a manner
which would result in flooding on-site,off-site, or into the Santa Ana River. BMPs discussed
above would control drainage on-site,thereby reducing its potential to cause flooding from
occurring on or off-site.Therefore,flooding impacts resulting from drainage pattern alteration
would be less than significant.
e) Create or contribute runoff water that would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources of
polluted runoff?
Less than Significant Impact.The proposed project would be served by OCSD's existing
stormwater drainage system. Temporary construction activities such as demolition,grading,and
excavation could introduce additional pollutants and sediment into the surface water mnoff.
Stormwater mnoffgenerated on the project area during operation could result in flooding on-or
off-site. During storm events,some runoff could wash into the adjacent Santa Ana River located
Oman ONfall Sy u m Rohapupoon/ 70 EMI161M
Outlell Low Flow Pump S�ellon pumpec1 No.J19B) July 2017
east of the project area. However,the proposed project would implement BMPs during
construction and operation that would reduce the rate of stonnwater runoff and pollutants.
Therefore,the proposed project would not generate runoff that would exceed the existing
stormwater drainage system or create additional polluted sources of runoff. Impacts regarding
exceedance of storm drain systems and creation of polluted runoff would be less than significant.
I) Otherwise substantially degrade water quality?
Less than Significant Impact.Refer to response a)above.
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation
map?
No Impact.The FEMA Flood Insurance Rate Map(FIRM)for the project area(FIRM No.
06059CO264.1)shows that the project area is located within a Zone X"Other Flood Areas"
location. This area is a 100-year flood zone that is protected by a levee(FEMA,2009);however,
because no housing is proposed,there would be no impacts regarding placement of housing
within a flood zone.
h) Place within a 100-year Bood hazard area structures that would impede or redirect
Bood flows?
Less than Significant Impact.As stated above in response g),the FEMA FIRM for the project
area shows the site is located within the Zone X, 100-year flood zone. The project area is located
adjacent to the Santa Ana River Pacific Ocean wetlands;however,the area is protected from
flooding by walls and levees constructed by the U.S. Army Corps of Engineers(USACE)in
1995. Failure of the levee is not anticipated;therefore less than significant flood hazards would
Occur.
i) Expose people or structures to a significant risk of loss,injury or death involving
flooding,including flooding as a result of the failure of a levee or dam?
Less than Significant Impact.The project area is not located in a City-designated data
inundation flood zone(City of Huntington Beach,2009). Refer to discussion h)above.Therefore,
impacts related to flooding including failure of a levee or dam would be less than significant.
j) Inundation by seiche,tsunami,or mudflow?
Less than Significant Impact.A seiche is the sloshing of a closed body of water from
earthquake shaking(USGS, 2017a).No closed bodies of water are located near the project area.
Therefore,the implementation of the proposed project would not expose people or structures to a
significant risk of loss, injury or death involving inundation by seiche. Impacts would be less than
significant.
Oman Ouaol By tom PoM1aoulallon/ 71 EMI161M
Ouftil d Flow Pump B fton(Prol No.J19B) July 2017
A tsunami is a sea wave of local or distant origin that results from large-scale seafloor
displacements associated with earthquakes,major submarine slides or exploding volcanic islands
(USGS,2017b). An event such as an earthquake creates a large displacement of water resulting in
a rise or mounding at the ocean surface that moves away from this center as a sea wave. The
California Geological Survey(CGS)has created maximum tsunami inundation maps to assist
cities in the development of emergency response plans if such an event were to occur.The project
area is located approximately 0.5 mile north of the Pacific Ocean and based on the tsunami
inundation map,the site is located within the tsunami risk zone.No flood elevations are assigned
to the mapped inundation line.There is no known means available to protect the existing Plant 2
facilities or proposed facilities from a tsunami.However,because the proposed project would not
include people that are permanently located at the facility,potential tsunami impacts would be
less than significant.
Refer to Hazards and Hazardous Materials,discussion iv)above for potential impacts from
landslides and mudflows.
References
City of Huntington Beach,2009. General Plan, Environmental Hazards Element.Amended 2009.
Federal Emergency Management Agency(FEMA),2009.FEMA Flood Map Service Center,
Huntington Beach,CA.Available at:https://msc.fema.gov/portal,accessed March 15,
2017.
U.S.Geological Survey(USGS),2017a. Seismic Seiches.Available at:
https://earthquake.usgs.gov/leam/topics/seiche.php,accessed March 15,2017.
USGS,2017b.Earthquake Glossary, Tsunami.Available at:
https://earthquake.usgs.gov/1eanL/glossary/?tem—tsmmi, accessed Much 15,2017.
Oman ONFiII Bytom R haulilabn/ 72 E54/161M
Ouftll—Flow Pump B,ellon(Pm(xc1 No.J19B) July 2017
4.10 Land Use and Land Use Planning
L.Then
Poteneally signMcantwith Lass Than
signal Mass. SlgnMcant
Issues(.ad Supporfing limormaOon Sourou): appear IncarponlM hala t Ito all
10. LAND USE AND LAND USE PLANNING—
Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan,policy,or
regulation of an agency with jurisdiction over the
project(including,but not limited to the general plan,
specific plan,local coastal program,or zoning
ordinance)adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan
or natural community conservation plan?
Environmental Evaluation
Would the project:
a) Physically divide an established community?
No Impact.The proposed project does not propose any action that could divide an established
community.The physical division of an established community generally refers to the
construction of a feature such as an interstate highway or railroad tracks, or removal of a means
of access, such as a local road or bridge that would impact mobility within an existing community
or between a community and outlying area.Given the proposed project would construct the
facility on the existing Plant 2,the proposed project would result in no impact to the physical
division of an established community.
b) Conflict with any applicable land use plan,policy,or regulation of an agency with
jurisdiction over the project(including,but not limited to the general plan,specific
plan,local coastal program,or zoning ordinance)adopted for the purpose of
avoiding or mitigating an environmental effect?
Less than Significant Impact.The proposedjoint LOFLO PS/PWPS facility would be
consistent with the existing treatment facilities and on-site uses.The project area is located within
the City of Huntington Beach's Coastal Zone and is subject to LCP. The LCP is divided into two
components: (1)a coastal element and(2)an implementation program. The Coastal Element
found in the City of Huntington Beach's General Plan(2011)includes a land use plan and
policies to be used by decision makers when reviewing coastal-related issues and proposed
development within the Coastal Zone boundary. The implementation program includes the zoning
ordinances,zoning district traps, specific plans, and other implementing actions that must comply
with the LCP.The project area is designated under P(Public)land uses and is zoned for IL
(Industrial Limited)and Residential Agriculture with an Oil Overlay(RA-0). The maximum
allowable height in the IL zone is 40 feet;however a variance may be granted for heights up to 50
feet. In addition,the IL zone provides an exception to heights for certain types of structures,
including 4 feet parapet walls. The proposed joint LOFLO PS/PWPS facility would be 40 feet
Oman ONPall S"m Uhabil mmon/ 73 EM1161M
rural—Flow Pump Sonon(Prowo No.J199) July 2017
above grade;therefore,the proposed project would not conflict with the building height
limitations allowed in the IL zoning code(City of Huntington Beach,2017).
The proposed project is located within the LCP Land Use designation 4G-Edison Plant
(permitted uses public and open space conservation)for activities at Plant 2.The project area is
also located in Zone 5 of the Coastal Zone,which extends from Beach Boulevard to the SAR.
The LCP design and development component corresponds with Policy LU 13.18 which requires
design and development to be compatible in scale,mass,character, and architecture with existing
buildings and design characteristics prescribed by the General Plan(City of Huntington Beach,
2013). To be consistent with the General Plan and LCP,OCSD would be required to obtain a
Coastal Development Permit(CDP)from the City of Huntington Beach for construction in the
coastal zone prior to construction of the proposed project.With compliance with the conditions of
approval issued by the City of Huntington Beach in CDP, impacts would be less than significant.
c) Conflict with any applicable habitat conservation plan or natural community
conservation plan?
No Impact.Refer to discussion t)within the Biological Resources section above.
References
City of Huntington Beach,2011. General Plan, Coastal Element.Amended 2011.
City of Huntington Beach,2013. General Plan, Land Use Element.Amended 2013.
City of Huntington Beach,2017. Local Coastal Program.Available at:
http://www.huntingtonbeachca.gov/govemmmt/departments/planning/local-coastal-
program/,accessed March 14,2017.
Oman OuVoll Bytom R haulilabn/ 74 ESA/161M
Ouftll—Flu-Pump B tlon(Proa No.J19B) July 2017
4.11 Mineral Resources
Less Then
Potenaalry SignMeant with Lass man
slgnMon Mass. sgnMcant
blues(and supporting lnrormafion sourtts): hopeat hu"rponfed suspect no impact
11. MINERAL RESOURCES—Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan,specific plan,or other land use plan?
Environmental Evaluation
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value
to the region and the residents of the state?
No Impact.According to USGS' Mineral Resources Data System(USGS,2017),the project area
is not identified as a(mown mineral resource area and does not have a history of mineral
extraction uses. In addition,according to the State of California Department of Conservation,
Division of Oil,Gas,and Geothermal Resources, 18 oil well exists on Plant 2;however,these
wells are"plugged"and therefore are no longer active(DOC,2016).The proposed project would
not result in the loss of availability of a known mineral resource,and no impacts would occur.
b) Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan,specific plan,or other land use plan?
No Impact.The City of Huntington Beach General Plan(City of Huntington Beach, 2006)does
not identify the project area as a mineral resource zone.Therefore,the implementation of the
proposed project would not result in the loss of a locally important mineral resource recovery site.
No impacts would occur.
References
California Department of Conservation(DOC),2016.Division of Oil,Gas,and Geothermal
Resources Well Finder.Available at:
http://www.conservation.ca.gov/dog/Pages[Wellfinda.mpx, accessed March 15, 2017.
City of Huntington Beach,2006. General Plan, Natural Resources Element. Amended 2006.
U.S. Geologic Survey(USGS),2017.Mineral Resources Data System.Available at:
https://=data.usgs.gov/mineral-resowces/=ds-m.html,accessed March 15,2017.
Oman Outoll 6ytem R habilsmpn/ 755 E54/161M
WtlellL Flow Pump slellon pvmlxcl No.J11 on July 2017
4.12 Noise
Lau Than
Personalty ASnMaant with Lass man
slynMOM Metals n Sl'muffi r
as...(.ad supporting Information sources): lmpaot InoarPorared hnWa NO lmpler
12. NOISE—Would the project result in:
a) Exposure of persons to or generation of,noise levels ❑ IR
in excess of standards established in the local general
plan or noise ordinance,or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive IR
groundbome vibration or groundborn ,noise levels?
c) A substantial permanent increase in ambient noise IR
levels in the project vicinity above levels existing
Without the project?
d) A substantial temporary or periadic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or,where such a plan has not been adopted,within
two miles of a public airport or public use airport,
would the project expose people residing or working in
the project area to excessive noise levels?
f) For a project located in the vicinity of a private airship,
would the project expose people residing or working in
the project area to excessive noise levels?
Discussion
Noise is defined as unwanted sound. Sound becomes unwanted when it creates a nuisance that
interferes with normal activities,or when it causes physical harm and adversely affects human
health.The standard unit of measurement of the loudness of sound is the decibel (dB). The zero
point on the dB scale is based on the lowest sound level that a healthy,unimpaired human ear can
detect. Changes of 3 dB or fewer are only perceptible in laboratory environments.An increase of
10 dB represents a 10-fold increase in acoustic energy,while 20 dB is 100 times more intense,
and 30 dB is 1,000 times more intense.Each 10-dB increase in sound level is perceived as
approximately a doubling of loudness.
Numerous methods have been developed to measure sound over a period of time,including:
Equivalent Sound Level(Leq),Community Noise Equivalent Level(CNEL),Day/Night Average
Sound Level(Li and Maximum Noise event(Lmax).Noise level can vary pending on the noise
source and duration. Below is description of the units of measure used in this analysis to describe
the noise environment.
• Leq: Time variations in noise exposure are typically expressed as a statistical description of
the sound pressure level that is exceeded over some fraction of a given observation period
(called Leq). For example,the noise levels exceeded on 10 percent of readings is called L10,
the median(50th percentile)reading is called L50,etc.
• CNEL: Because community receptors are more sensitive to unwanted noise intrusion during
the evening and at night,state law requires that,for planning purposes,an artificial dB
increment penalty be added to quiet-time noise levels in a 24-hour noise descriptor called
CNEL.
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• Ldn: Another commonly used method is the day/night average level or Ldn.
• Ldn is a measure of the 24-hour average noise level at a given location. It was adopted by
USEPA for developing criteria for the evaluation of community noise exposure.
• Lmax: The maximum noise level recorded during a noise event is typically expressed as
Lmax.
The attenuation of sound is highly dependent on the conditions of the land between the noise
source and receiver.To account for this ground-effect attenuation(absorption),two types of site
conditions are commonly used in noise models,soft-site and hard-site conditions. Soft-site
conditions account for the sound propagation loss over natural surfaces such as normal earth and
ground vegetation.For point sources,a drop-off rate of 7.5 dBA/for each doubling of distance
from the point source is typically observed over soft ground with landscaping,as compared with a
6.0 dBA/for each doubling of distance over hard ground such as asphalt,concrete, stone and very
hard packed earth.
City of Huntington Beach Noise Ordinance
Chapter 8.40 of the City of Huntington Beach Municipal Code contains the City's Noise
Ordinance. Table 12 identifies the exterior noise standards established in the City of Huntington
Beach Noise Ordinance.
TABLE 12
HUNTINGTON BEACH EXTERIOR NOISE STANDARDS
Noise Zone Exterior Noise Time Period
Standards
1-All residential properties. 55 db(A) 7:00 a.m.—10:00 p.m.
50 db(A) 10:00 p.m.-7:00 a.m.
2-AII professional office&public 55 db(A) Anytime
institution properties.
3—All commercial properties with 60 db(A) Anytime
the exception of professional
office properties.
4-All industrial properties. 70 db(A) Anytime
SOURCE:City of Huntington Beach Municipal Coils Section 8.40.070
The exterior noise levels shown in Table 12 are meant to be further applied as noise standards
based on the duration of the noise;i.e.,the louder the noise,the shorter the time it can last.
According to Section 8.40.060 of the City Noise Ordinance,it is unlawful for any person at any
location within the incorporated area of the City to create noise levels that,when measured on
any residential,public institutional,professional,commercial,or industrial property,to exceed the
exterior noise standards shown in Table 12,
a) For a cumulative period of more than 30 minutes in any hour
b) Plus 5 dB(A)for a cumulative period of more than 15 minutes in any hour
c) Plus 10 dB(A)for a cumulative period of more than 5 minutes in any hour
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d) Plus 15 dB(A)for a cumulative period of more than)minute in any hour
e) Plus 20 dB(A)for any period of time.
Construction Noise
According to Section 8.40.090(d)of the City of Huntington Beach Noise Ordinance,noise
sources associated with construction,repair,remodeling,or grading of any real property are
exempt from the City Noise Ordinance,provided said activities do not take place between the
hours of 8:00 P.M. and 7:00 A.M.on weekdays or Saturdays,or at any time on Sunday or a
federal holiday.
Environmental Evaluation
Would the project:
a) Exposure of persons to or generation of,noise levels in excess of standards
established in the local general plan or noise ordinance,or applicable standards of
other agencies?
Less than Significant Impact. The proposed project would not expose persons to or generate
noise levels in excess of established standards.The closest sensitive receptors to the project area
are single family residences located approximately 1,300 feet to the west and residential uses
located approximately 2,800 feet to the south.An existing block wall along Brookhurst Street
assists in minimizing noise levels at the nearest sensitive receptors.
Construction
Short-term construction noise impacts are related primarily to the use of heavy construction
equipment. Construction equipment can be considered to operate in two modes: stationary and
mobile. Stationary equipment operates in one location for one or more days at a time,with a
fixed-power operation.Mobile equipment moves around a construction site with power applied in
cyclic fashion(such as bulldozers,graders,and loaders).Individual pieces of construction
equipment anticipated during construction of the proposed project could produce maximum noise
levels of 75 dBA to 90 dBA Lma„at a reference distance of 50 feet from the noise source, as
shown in Table 13. These maximum noise levels would occur when equipment is operating at
full power. The estimated usage factor for the equipment is also shown in Table 13. The usage
factors are based on Federal Highway Administration's (FHWA)Roadway Construction Noise
Model (RCNM)User's Guide(FHWA,2006).
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TABLE 13
CONSTRUCTION EQUIPMENT NOISE EMISSION LEVELS
Noise Level at 50 Feet
Construction Equipment (dBA.Lmaxl Estimated Usage Factor,%
Air Compressor 78 50
Compactor 83 20
Concrete Mixer Truck 79 40
Concrete Saw 90 20
Crane 81 40
Drill Rig Truck 79 20
Excavator 81 40
Forklift 75 10
Generator Set 81 50
Grader 85 40
Off-Highway Trucks 76 20
Paver 77 50
Paving Equipment 90 20
Pile Driver(Sonic) 74 50
Roller 80 20
Rough Terrain Forklift 75 10
Rubber Tired Loader 79 50
Skid Steer Loader 80 40
SweeperlScrubber 82 10
Source:FHWA,2006.
Construction equipment would intermittently operate over an 8-hour period. Over the course of a
construction day,the highest noise levels would be generated when multiple pieces of
construction equipment are being operated concurrently. The project's estimated construction
noise levels were calculated for a scenario in which all construction equipment was assumed to be
operating simultaneously and located at the construction area nearest to the affected receptors to
present a conservative impact analysis.The estimated noise levels at the off-site sensitive
receptors were calculated using the FHWA's RCNM,and were based on the concurrent operation
of six pieces of equipment which is considered a worst-case evaluation because the project would
use less overall equipment on a daily basis,and as such would generate lower noise levels.The
peak day construction noise levels experienced by the off-site sensitive receptors would be up to
49 dBA,L,at the single-family residential uses located west of the project area. Receptors are
almost fully shielded from the construction site by existing structures and walls;and such
shielding is included in the analyses representing a 10 dBA reduction in noise levels.
Under the City of Huntington Beach Noise Ordinance,construction noise would be exempt when
it occurs between the hours of 7:00 a.m.and 8:00 p.m.,Monday through Friday.All of the
construction activity at OCSD Plant No.2 Site would be conducted between the hours of 7:00
a.m. and 5:00 p.m.Monday through Friday. Therefore,there would not be any conflict with the
noise ordinance and potential construction noise impacts would be less than significant.
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Operations
Chapter 8.40 of the Huntington Beach Municipal Code serves as the City's Noise Ordinance,
which establishes noise standards to control unnecessary, excessive,and annoying noise levels in
the City.Table 14, Huntington Beach Exterior Noise Standards,presents the applicable exterior
noise standards for the designated noise zones established in the City's Noise Ordinance.
TABLE 14
HUNTINGTON BEACH EXTERIOR NOISE STANDARDS
Noise Zone Exterior Noise Time Period
Standards
1-All residential properties. 55 dB(A) 7:00 a.m.-10:00 p.m.
50 dB(A) 10:00 p.m.-7:00 a.m.
2—Al professional office 8 public 55 dB(A) Anytime
institution properties.
3—All Commercial properties with 60 dB(A) Anytime
the exception of professional
office properties.
4—Al industrial properties. 70 dB(A) Anytime
SOURCE:City of Hunfinglon Beach Municipal Code Section 0.40.050
Once the proposed pump stations are operational,noise levels generated at the project area would
mainly occur from the pump stations.
The analysis of the pump station-related noise is based upon reference noise measurement
conducted on July 15,2016,at a pump station located in the Ol facility at 18700 Ward
Street,Fountain Valley,CA.Pump station-related noise levels were measured inside of the pump
station and outside of the pump station at 5 feet from a]ouver.4 The pump station-related noise
level was then calculated,in terms of hourly Lq, for sensitive receptor locations based on the
standard point source noise-distance attenuation factor of 6.0 dBA for each doubling of distance.
Noise level of 80 dBA was measured inside of the pump station and noise level of 66 dBA was
measured at 5 feet from the louver outside of the pump station. The pump station house with
louvers would provide approximately 14 dBA noise reduction.
The nearest single-family residential uses west of the project area would be located
approximately 1,300 feet from the proposed pump stations.Based on a noise level source strength
of 66 dBA at a reference distance of 5 feet,and accounting for distance attenuation(minimum 39
dBA insertion loss)and barrier insertion loss by the existing structures and block walls along
Brookhurst Street(minimum 10 dBA insertion loss),pump station related noise would be reduced
to 10 dBA at the nearest noise sensitive uses.All of the proposed facilities would be designed to
insulate noise of the machinery such that elevated noise levels would be contained on-site.
Operation of the project would not expose persons to,or generate noise levels in excess of
4 A louver is a window blind or shutter with horizontal slats that are angled to admit light and air,but to
keep out rain and direct sunshine.
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standards established in the noise ordinance,or applicable standards of other agencies,Therefore,
impacts would be less than significant.
b) Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels?
Less than Significant Impact. Common sources of vibration impacts from construction
activities include;blasting,pile-driving and operation of heavy earth-moving equipment.
Sensitive receptors for vibration include structures(especially older masonry structures),people
and vibration sensitive equipment. Presently,the State of California, City of Fountain Valley or
the City of Huntington Beach does not quantify the level at which excessive groundbome
vibration occurs. Groundbome vibration levels resulting from construction activities have been
estimated by the Federal Transit Authority(FTA)in its Transit Noise and Vibration Impact
Assessment(FTA,2006). The manual provides practical guidance to evaluating vibration impacts
from construction activities. The manual establishes numeric thresholds for construction related
and transportation related vibration impacts. There are several different methods that used to
quantify vibration impacts. The peak particle velocity(PPV)is defined to describe vibration
impacts to buildings. The FTA Guidance Manual determines that potential damage to non-
engineered timber and masonry buildings could occur at 0.20 per second PPV for transient
sources. The Peak Particle Velocity levels of vibration impacts are shown in Table 15.
TABLE 15
VIBRATION SOURCE LEVELS FOR CONSTRUCTION EQUIPMENT
Approximate PPV(intsac)
25 50 60 75 100
Equipment Feet Feet Feet Feet Feet
Pile Dnver(Sonic)
Upper range 0.734 0.260 0.197 0.141 0.092
Typical 0,170 0,060 0,046 0.033 0.021
Large Bulldozer 0.089 0.031 0.024 0.017 0.011
Loaded Trucks 0.076 0.027 0.020 0.015 0.010
Jackhammer 0.035 0,012 0,009 0.007 0.004
Small Bulldozer 0.003 0.001 0.0008 0.0006 0.0004
SOURCE:FTA,Mrs.
Vibration can result from the use of heavy construction equipment such as a dozer and a loaded
track.As shown in Table 15,the significance threshold of 0.20 PPV that could result in damage
to unreinforced buildings would dissipate beyond 25 feet from the construction activity. The
closest residential uses would be approximately 1,300 feet from where the headworks
improvements would occur. At this distance,the residential uses would not exceed the vibration
impact significance threshold of 0.20 PPV.Potential vibration impacts would be less than
significant.
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c) A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project?
Less than Significant Impact.The proposed project would rehabilitate the existing GOBS on
the Plant 2 site. Similar to its existing operational noise environment,the primarily source for
long-term operational noise would be from the operation of mechanical equipment.The operation
of proposed pump stations on Plant 2 would not substantially increase existing operation noise
levels within the project vicinity. All of the proposed facilities would be designed to insulate
noise of the machinery such that elevated noise levels would be contained on-site.As such,there
would not be a substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the proposed project,and impacts would be less than significant.No
mitigation measures are required.
d) A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project?
Less than Significant Impact with Mitigation Incorporated.As discussed previously under a),
due to the distances of the existing off-site sensitive uses to the project area,the project's
construction activities would not expose these sensitive receptors to significant noise.The
construction equipment would intermittently operate over an 8-hour period.The peak day
construction noise levels experienced by the off-site sensitive receptors would be up to 49 dBA,
Ls at the single-family residential uses located west of the project area(refer to discussion under
threshold a)above).
A project would normally have a significant impact on noise levels from construction if the
project would exceed the ambient noise levels by 5 dBA or more at a noise-sensitive use.Based
on the measured noise levels at the nearest off-site sensitive receptors to the project area,it was
determined that construction noise levels would not exceed the ambient noise levels by 5 dBA at
the off-site sensitive receptors. Implementation of Mitigation Measures N-1 through N-5 would
ensure that noise would be minimized.
Percussive construction methods such as pile-driving could result in nuisance noise that may be
audible by neighboring land uses.Implementation of Mitigation Measure N-2 would ensure that
excessive or annoying noise levels are minimized.Thus,short-term noise impacts from
construction would be less than significant at these sensitive off-site locations.
Mitigation Measures
N-1: Stationary construction equipment that generate noise or vibration(e.g.,compressors,
generators,cement mixing,general truck idling) shall be placed on the construction site as
far as possible from the nearest residential land uses.
N-2: Sound dampening devices shall be placed around or adjacent to pile driving activities
to minimize noise impacts to the surrounding community.
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N-3: Construction activities shall be limited to between the hours of 7:00 a.m. and 8:00
p.m. and as necessary to comply with local ordinances.Any nighttime or weekend
construction activities would be subject to local permitting.
N-4: All equipment used during construction shall be muffled and maintained in good
operating condition.All internal combustion engine driven equipment shall be fitted with
intake and exhaust mufflers that are in good condition.
N-5:Nearby sensitive receptors affected by construction shall be notified concerning the
timing and construction schedule for the proposed project,and shall be provided with a
phone number to call with questions or complaints.
Significance after Mitigation
With the implementation of Mitigation Measures N-1 through N-5, implementation of the
proposed project would result in a less than significant impact involving ambient noise levels in
vicinity of the proposed project.
e) For a project located within an airport land use plan or,where such a plan has not
been adopted,within 2 miles of a public airport or public use airport,would the
project expose people residing or working in the project area to excessive noise
levels?
No Impact.As described above in impact analysis e),Hazards and Hazardous Materials,the
nearest airport to the project area is the John Wayne Airport,located approximately 8 miles to the
northeast.Therefore,the proposed project is not located within an airport land use plan or within
2 miles of a public airport or public use airport.No impact would occur.
f) For a project located in the vicinity of a private airstrip,would the project expose
people residing or working in the project area to excessive noise levels?
No Impact.The project area is not located within the vicinity of a private airstrip.No impacts
would occur.
References
Federal Highway Administration(FHWA),2006.Roadway Construction Noise Model User's
Guide.
Federal Transit Authority(FTA),2006. Transit Noise and Vibration Impact Assessment.
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4.13 Population and Housing
Less Than
PotenNaliy SianMsant with Lass man
significant Mass. SlanMcanf
houses(and Supportlna Inflammation Sources): Impact lncarporatet Impact NO Impart
13. POPULATION AND HOUSING—Would the project:
a) Induce substantial population growth in an area,either
directly(for example,by proposing new homes and
businesses)or indirectly(for example,through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people,necessitating
the wnstruction of replacement housing elsewhere?
Environmental Evaluation
Would the project:
a) Induce substantial population growth in an area,either directly(for example,by
proposing new homes and businesses)or indirectly(for example,through extension
of roads or other infrastructure)?
Less than Significant Impact.A project could induce population growth in an area directly or
indirectly. For example,direct population growth can occur by introducing new business or
residential areas and indirect growth by extending roads or other infrastructure. The proposed
project does not include construction of new homes or businesses that would result in a direct
increase in population or create a substantial numbers of jobs.While the proposed project could
result in temporary employment during construction,the on-site workforce for construction is
expected to be negligible for a short duration. The construction workers would likely come from
the existing labor pool in the general vicinity.
The proposed project is designed to accommodate flows to the existing DOS and provide
upgrades to increase efficiency for internal plant operations.The proposed project would not
increase the facility's treament capacity or require capacity amendments to the faeility's NPDES
permit. Rather,the proposed project would allow OCSD to continue to provide wastewater
treatment services in its service area and to meet forecasted demand and potential growth in the
service area,consistent with the District's approved Strategic Plan. The implementation of the
proposed project would result in less than significant impacts related to inducement of population
growth.
b) Displace substantial numbers of existing housing,necessitating the construction of
replacement housing elsewhere?
No Impact.There are no existing residences on Plant 2,and no residences would be condemned
or displaced by the proposed project. Therefore,the proposed project would not displace people
or housing, and there would be no impact.
Oman ONPall aytem Rtmapitaxni tM EM1161M
Wtlell Lrvf Flow Pump swlon purowl No.J117B) July 2017
c) Displace substantial numbers of people,necessitating the construction of
replacement housing elsewhere?
No Impact.The proposed project would not remove housing and would not displace people,
necessitating the construction of replacement housing elsewhere.Therefore,no impacts would
occur.
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4.14 Public Services
Less Than
Polenhaliy significant with Lass Than
Sh,hicant MMgaflon st'reffi t
Wues(.ad supporfing lnformi sources): he's, moarpowfed lal No hnpact
14. PUBLIC SERVICES—Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities,need for new or
physically altered government facilities,the
construction of which could cause significant
environmental impacts,in order to maintain
acceptable service ratios,response times,or other
Performance objectives for any of the following public
services:
i) Fire protection? ❑ ❑ ❑
it) Police protection? ❑ ❑ ❑
iii) Schools? ❑ ❑ ❑
iv) Parks? ❑ ❑ ❑
v) Other public facilities? ❑ ❑ ❑
Environmental Evaluation
Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new
or physically altered governmental facilities,need for new or physically altered
government facilities,the construction of which could cause significant
environmental impacts,in order to maintain acceptable service ratios,response
times,or other performance objectives for any of the following public services:
i) Fire protection?
No Impact.The Huntington Beach Fire Department(HBFD)provides fire protection
within the City(City of Huntington Beach,2017a). The nearest station to the project area
is Station 4 located approximately 1 mile northwest at 21441 Magnolia St. The proposed
project would not change existing demand for fire protection services because operation
would not result in a substantial increase in employees or population. Therefore,the
proposed project would not substantially increase the need for new fire department staff
or new facilities and no impacts would occur.
ii) Police protection?
No Impact.The City of Huntington Beach is provided with police protection services by
the Huntington Beach Police Department(HBFD)(City of Huntington Beach,2017b).
The police station is located 3.5 miles northwest of the project area at 2000 Main Street.
The proposed project does not include new homes or businesses that would require any
additional services or extended response times for police protection services beyond
those required with the existing on-site uses.Therefore,the HBPD would not be required
Oman ONPall Seom ReM1abilini 86 EM1161M
Wtlall—Flow Fump Soltion(Polxol No.J199) July 2017
to expand or construct new police stations to serve the proposed project.No impacts
would occur with the proposed project because additional fire protection facilities would
not be needed.
iu) Schools?
No Impact.The project area lies within the Huntington Beach Union High School
District(HBUHSD) service area(HBUHSD,2017).The student generation rates within
(HBUSD)would not be substantially affected or altered by the redevelopment of the
proposed project.The proposed project would not affect local school enrollment.No
school facilities would be impacted by the proposed project.In addition,no construction
impacts would occur with the proposed project because school facilities would not be
needed.
IV) Parks?
No Impact.The proposed project would not interfere with or have adverse impacts on
parks. The proposed project would not involve new housing or employment opportunities
that would prompt the need for new parks.The project area is located adjacent to the Santa
Ana River and Talbert Regional Park;however,construction and operation of the proposed
project would not impact the use of nearby recreational uses.
v) Other public facilities?
No Impact.The proposed project would not introduce inhabitants to the project area that
would require additional public facilities.No impacts would occur with the proposed
project because public facilities would not be needed.
References
City of Huntington Beach,2017a.Fire Department.Available at:
http://www.huntingtonbeachca.gov/govmmmt/departments/fire/, accessed March 15,
2017.
City of Huntington Beach,2017b. Police Department.Available at:
http://www.huntingtonbeachea.gov/govmmmt/departments/pd/,accessed March 15,2017.
Huntington Beach Union High School District(HBUHSD),2017. Huntington Beach Union High
School District.Available at: http://www.hbuhsd.edu/,accessed March 15,2017.
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4.15 Recreation
Less Than
ppranaany signMcant with Lass man
SIpnMOM MMgagon SlgnMcant
Wpea)and Supporting Information Sources): Impact Incarponted hnpect No sai
15. RECREATION:
a) would the project increase the use of existing
neighborhood and regional pains or other recreational
facilities such that substantial physical delerioretion of
the facility would occur or be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
Environmental Evaluation
Would the project:
a) Would the project increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
No Impact.Orange County Parks(OC Parks)maintains the parks and provides recreational
services for the project area.The newest recreational facility is the Santa Ana River Trail and
Talbert Marshlands located adjacent to the project area.The proposed project would not directly
introduce new residents within the City. Therefore,the proposed project would not increase the
use of these existing recreational facilities within the City and would result in no impact to the
physical deterioration of recreational facilities.
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse physical effect on
the environment?
No Impact.The implementation of the proposed project would not require recreational facilities
to serve the project.Therefore,the proposed project would not result in an adverse physical effect
on the environment from the construction or expansion of additional recreational facilities
because the proposed project would not require recreational facilities.
Oman Ouml aytem lunabililai 88 EM1161M
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4.16 Transportation and Traffic
Lau Then
Potentially Agnhicant with Lass man
sranMo d Values. sgnMcant
Wues/antl supporting ln/onnathm sources): repeat Inorponted Impact No hnpsM
16. TRANSPORTATIONITRAFFIC—
Would the project:
a) Conflict with an applicable plan,ordinance or policy
establishing measures of effectiveness for the
performance of the circulation system,taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant
components of the circulation system,including but not
limited to intersections,stmets,highways and freeways,
pedestrian and bicycle paths,and mass transit?
b) Conflict with an applicable congestion management
program,including,but not limited to level of service
standards and travel demand measures,or other
standards established by Me county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns,including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g.,sharp curves or dangerous intersections)or
incompatible uses(e.g.,farm equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies,plans,or programs
regarding public transit,bicycle,or pedestrian facilities,
or otherwise decrease the performance or safety of
such facilities?
Environmental Evaluation
Would the project:
a) Conflict with an applicable plan,ordinance or policy establishing measures of
effectiveness for the performance of the circulation system,tatting into account all
modes of transportation including mass transit and non-motorized travel and
relevant components of the circulation system,including but not limited to
intersections,streets,highways and freeways,pedestrian and bicycle paths,and
mass transit?
Less than Significant Impact.Construction of the proposed project would temporarily increase
local traffic due to the transport and delivery of construction equipment and materials. Project
area access would be provided via the Banning Gate entrance located off Brookhurst Street on the
west side of Plant 2.The Orange County Transit Authority and the City of Huntington Beach
operate bus services in the project area.Route 35 runs on Brookhmst,with souhbound and
northbound bus stops approximately 1,175 feet and approximately 1,250 feet north of Pacific
Coast Highway,respectively along Brooklimst Street.
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Direct traffic impacts,such as local congestion and disruption of traffic flow from construction of
the proposed project would be temporary.Construction activities that would generate off-site
traffic would include the delivery of construction vehicles and equipment to the project area,the
daily arrival and departure of construction workers,the off-hauling of excavated soil,and the
delivery of materials throughout the construction period. The estimated haul truck traffic would
vary depending on the construction activity;however,it is estimated that the excavation of soil
within the project area would occur intermittently for approximately 60 total working days from
March 2019 through June 2020. Approximately 30 truck haul trips would occur each day over
this period of excavation.The haul trucks would exit the staging area and travel approximately
1,000 feet to Brookhurst Street and off to local roadways and highways.The addition of haul
track trips along Brookhurst Street would not substantially affect capacity of the roadways.
Therefore,no significant construction traffic impacts would occur from off-site construction
traffic.
Construction-generated traffic would be temporary,and therefore,would not result in any long-
term degradation in operating conditions on local roadways used for the project.The primary
impact of construction-related traffic would be a temporary and intermittent lessening of the
capacities of the roads in the project area because of the slower movements of larger coming radii
of construction trucks compared to passenger vehicles.Drivers could experience delay if they
were traveling behind a heavy truck.The impact from project-generated traffic would be less than
significant.
b) Conflict with an applicable congestion management program,including,but not
limited to level of service standards and travel demand measures,or other
standards established by the county congestion management agency for designated
roads or highways?
No Impact. Implementation of the proposed project would not increase employees traveling to
the project area. Employees currently provide routine facility maintenance activities at the
existing COS facilities. These maintenance activities would continue with the proposed joint
LOFLO PS/PWPS facility. Therefore,no increase in long-tern traffic would occur to the project
area.
Congestion management programs(and level of service standards established by congestion
management agencies)are intended to monitor and address long-term traffic conditions related to
future development that generate permanent(ongoing)traffic increases,and do not apply to
temporary impacts associated with construction projects. Proposed project construction would be
transitory in nature, and effects on roadway operations would be temporary(see discussion a)
above). Because the proposed project would not increase long-term traffic volumes to the project
area,no long-term impacts to the levels of service on roadways would occur.
c) Result in a change in air traffic patterns,including either an increase in traffic levels
or a change in location that results in substantial safety risks?
No Impact.The proposed project is not located within the Airport Influence Area of any nearby
airports.The nearest airport to the project area is John Wayne Airport,a public airport
Oman ONfall Bytom a habillafan/ 90 E54/161M
Outdo w Flow Pump Salon(4m)xcl No.J19B) July 2017
approximately 8 miles northeast of the project area.The proposed project does not involve any
aviation components or structures at heights that would potentially pose an aviation concern.No
project activities would alter the existing air traffic patterns,levels,or locations that result in
safety risks.No impact would occur.
d) Substantially increase hazards due to a design feature(e.g., sharp curves or
dangerous intersections)or incompatible uses(e.g.,farm equipment)?
No Impact.The proposed project would be implemented entirely within Plant 2 and does not
include the construction or design of any roadway infrastructure that would cause a safety risk to
vehicle operations.Neither construction nor operation of the proposed project would adversely
alter the physical configuration of the existing roadway network serving the area,and would not
introduce unsafe design features. The proposed project also would not introduce uses(types of
vehicles)that are incompatible with existing uses already served by the area's road system.There
would be no impact.
e) Result in inadequate emergency access?
No Impact.Refer to response g)from Hazards and Hazardous Materials,and a)and d)above.
Onsite operational activities would involve minimal and infrequent traffic in and out of the
project area similar to the traffic that currently occurs for the existing OOS facilities at Plant 2.
The proposed project would not result in interference with emergency response access. The
proposed project would not impact long-term emergency access.
f) Conflict with adopted policies,plans,or programs regarding public transit,bicycle,
or pedestrian facilities,or otherwise decrease the performance or safety of such
facilities?
No Impact.The proposed project would not conflict with adopted policies,plans,or programs
related to public transit or alternative modes of transportation.There is currently no bus service
directly adjacent to the project area. The nearest bus stops are located over 1,000 feet and
approximately west on the west side of Plant 2 along Brookhurst Street.The Santa Ana River
Trail allows pedestrians to travel along the Santa Ana River just adjacent to the project area;
however,all construction and operation would take place within Plant 2 and would not impact
travel along this trail.No impacts would occur.
Oman Ounull Bytom R habililaWn/ 91 EM1161M
Outlell Lrvf Flow Pump Salon(Pm(xc1 No.J19B) July 2017
4.17 Tribal Cultural Resources
Less Then
pmenga/ry slgnmcantwltn Lass man
signal Mwganon slgnMcant
Issues(and support,lnronnatlon Sources): Impact Inoarporafetl his"a No al
17. Tribal Guttural Resources—
Would the project cause a substantial adverse change in the significance of a tribal cultural resource,defined in Public
Resources Code section 21074 as either a site,feature,place,cultural landscape that is geographically defined in
terms of the use and scope of the landscape,sacred place,or object with cultural value to a California Native
American tribe,and that is:
a) Listed or eligible for listing in the California Register of Z El El
Historical Resources,or in a local register of historical
resources as defined in Public Resources Code
section 5020 1(k),or
b) A resource determined by the lead agency,in its
discretion and supported by substantial evidence,to be
significant pursuant to others set forth in subdivision(c)
of Public Resources Code Section 5024.1.In applying
the criteria set forth in subdivision(c)of Public
Resources Code Section 5024.1,Me lead agency shall
win ider the significance of Me resource to a California
Native Amencen hill
Discussion
On June 2,2016,a Sacred Lands File Search(SLF)search request letter was sent to the NAHC in
an effort to determine whether any sacred sites we listed on SLF for the project area.A response
was provided on June 6,2016 indicating negative results for Native American cultural resources
within the project area.
On March 13,2017,OCSD sent AB 52 notification letters related to the proposed project to the
following Native American Tribes who have requested to be informed on activities conducted by
the OCSD,under PRC Section 21080.3.1: San Gabriel Band of Mission Indians,Gabrieleno Band
of Mission Indians—Kizb Nation, and Juaneno Band of Mission Indians/Acjachemen Nation.
The AB 52 letters were sent to the Tribes pursuant to Public Resources Code Section 21080.3.1
and included a description of the proposed project,a map depicting the project location,and
contact information for OCSD.
OCSD received a response from the Gabrieleno Band of Mission Indians—Kizh Nation dated
March 30,2017. The letter indicated that the project area is within their ancestral tribal territory
and is within a sensitive area.As a result,the Gabrieleno Band of Mission Indians—Kizh Nation
requested consultation pursuant to AB 52.OCSD has attempted to contact representatives of the
Gabrieleno Band of Mission Indians—Kizh Nation; however,OCSD has received no information
from the Gabrieleno Band of Mission Indians—Kizh Nation regarding any specific potential
tribal cultural resources within the project area to-date.
Environmental Evaluation
Would the project cause a substantial adverse change in the significance of a tribal cultural
resource,defined in Public Resources Code section 21074 as either a site,feature,place,
cultural landscape that is geographically defined in terms of the size and scope of the
0-an ourcau sraam aanabsi 92 lim,1.1.
Wtlell—Flowvump Sui(vmlxcl No.lt99) July 2017
landscape,sacred place,or object with cultural value to a California Native American tribe,
and that is:
a) Listed or eligible for listing in the California Register of Historical Resources,or in
a local register of historical resources as defined in Public Resources Code
section 5020.1(k)
Less than Significant Impact with Mitigation Incorporated.Tribal cultural resources listed or
eligible for listing in the California Register of Historical Resources or in a local register of
historical resources are not currently(mown from the project area.However,as discussed in
Section 4.5,the project area is considered highly sensitive for subsurface archaeological
resources. Therefore,there is a potential for discovery of currently unknown tribal cultural
resources during ground-disturbing activities. This potential impact to unknown resources is
considered significant.Implementation of Mitigation Measures CUL-1, CUL-3,and CUL-4,
which require cultural resources sensitivity training for construction personnel,monitoring of
ground-disturbing activities by a Native American monitor,and avoidance and treatment for
significant resources,would ensure potential impacts remain less than significant impacts.
b) A resource determined by the lead agency,in its discretion and supported by
substantial evidence,to be significant pursuant to criteria set forth in subdivision (c)
of Public Resources Code Section 5024.1.In applying the criteria set forth in
subdivision (c)of Public Resources Code Section 5024.1,the lead agency shall
consider the significance of the resource to a California Native American tribe.
Less than Significant Impact with Mitigation Incorporated.There are currently no known
resources that would be considered significant pursuant to subdivision(c)of Public Reosmces
Code Section 5024.1 within the project area.However, as discussed above and in Section 4.5,the
project area is considered highly sensitive for subsurface archaeological resources. Therefore,
there is a potential for discovery of currently unknown resources during ground-disturbing
activities. This potential impact to unknown resources is considered significant. Implementation
of Mitigation Measures CUL-1,CUL-3,and CUL4,which require cultural resources sensitivity
training for construction personnel,monitoring of ground-disturbing activities by a Native
American monitor,and avoidance and treatment for significant resources,would ensure potential
impacts remain less than significant impacts.
Oman OuMol Bytom R habililaWn/ 93 EMI161M
Outlelnrvf Flow Pump Salon(Pm(xd1 No.J19B) July 2017
4.18 Utilities and Service Systems
Less Than
loommu lty SignMcant with Less man
slgnMOM Mattel slgnMcant
anal.lend supporting Information sourtts): Impact Incarpool aspect No hspeM
18. UTILITIES AND SERVICE SYSTEMS—
Would the project:
a) Exceed wastewater treatment requirements of the El ❑ El z
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or ❑ ❑ ® ❑
wastewater treatment facilities or expansion of
existing facilities,the construction of which could
cause significant environmental effects?
c) Require or resu It in the construction of new stone ❑ ❑ El z
water drainage facilities or expansion of existing
facilities,the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the ❑ ❑ ® ❑
project from existing entitlements and resources,or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment ❑ ❑ El z
provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the providers existing
commitineral
f) Be served by a landfill with sufficient permitted ❑ ❑ ® ❑
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal,state,and local statutes and ❑ ❑ ❑
regulations related to solid waste?
Environmental Evaluation
Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board?
No Impact.During construction of the proposed project,a minimal amount of wastewater would
be generated by construction workers and collected by portable toilet facilities.All waste
generated in portable toilets would be collected by a City-permitted portable toilet waste hauler
and appropriately disposed of at one of the liquid waste disposal stations.These waste disposal
stations have been appropriately permitted by the Santa Ana Regional Water Quality Control
Board(RWQCB).
During operation of the proposed project,the proposed LOFLO PS would till the gap where
existing DOS pumps cannot operate efficiently within their manufacturer-recommended
operating parameters. Further,the PWPS would prevent non-reclaimable plant water from mixing
with reclaimable flows. Operation of the newjoint LOFLO PS/PWPS facility would not generate
wastewater.Nonetheless,all facilities on-site would be in compliance with permit conditions
under RWQCB Order R-8-2004-002, and subsequent amendment R8-2008-0058. Compliance
with the permit conditions would ensure that all RWQCB requirements would not be exceeded.
Oman ONfall Sei Rehabilinton/ 94 EM1161M
Wtlall Low Flow Pomp Susion(vmlxcl No.J199) July 2017
Therefore,the implementation of the proposed project would result in no impacts related to the
exceedance of wastewater treatment requirements.
b) Require or result in the construction of new water or wastewater treatment facilities
or expansion of existing facilities,the construction of which could cause significant
environmental effects?
Less than Significant Impact.The proposed project would upgrade and enhance the existing
operations of the OOBS at Plant 2 to accommodate for future expansions or construction of new
wastewater treatment facilities on-site.The proposed project would not directly necessitate the
construction or expansion of existing facilities,the construction of which could cause significant
environmental effects.Therefore,impacts would be less than significant.
c) Require or result in the construction of new storm water drainage facilities or
expansion of existing facilities,the construction of which could cause significant
environmental effects?
No Impact.The proposed project would not require the expansion of any off-site stomtwater
drainage facilities. The existing plant-wide storm water drainage system has sufficient capacity
for this additional facility and would not require expansion as a result of the proposed project.
Therefore, implementation of the proposed project would result in no environmental impacts
from construction of additional storm water drainage facilities because no new facilities would be
required.
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources,or are new or expanded entitlements needed?
Less than Significant Impact.Water needs of the project during construction would be
relatively minor and temporary.Water from Plant 2 could be used for various construction related
activities,such as dust suppression.After construction,the proposed project would not include
uses that would increase the demand for water. Overall water use is not expected to change as a
result of this project. The proposed project would have sufficient water supplies available and less
than significant impacts would occur.
e) Result in a determination by the wastewater treatment provider which serves or
may serve the project that it has adequate capacity to serve the project's projected
demand in addition to the provider's existing commitments?
No Impact.As discussed above,operation of the proposed project would not generate any
wastewater. OCSD would not be required to provide future capacity as result of proposed project
implementation. The proposed project has adequate capacity to serve current treatment demands.
No impacts would occur.
Oman Ouaol Bytom Rymabil000n/ 955 E54/161M
Outlelld Flow Pump Satan purolel No.J117B) July 2017
I) Be served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs?
Less than Significant Impact.Construction and implementation of the proposed project is not
anticipated to generate a significant amount of solid waste.The construction contractor would be
required to dispose of excavated soil and solid wastes in accordance with local solid waste
disposal requirements. Construction of the proposed project would result in the removal of
approximately 200 cubic yards of material during light demolition of the interior portion of the
GOBS and Con Gen(40 cubic yards per day or 60 tons per day).The generation of material from
proposed project implementation is considered minimal compared to the remaining capacity at
the nearest landfill which is Frank R.Bowerman. The Frank R. Bowerman Landfill is located at
11002 Bee Canyon Access Road in Irvine.The landfill is permitted to accept up to 11,500 tons
per day and is projected to have capacity until 2053(Orange County Waste and Recycling, 2017).
The proposed projects maximum daily construction waste which is approximately 60 tons per
day represents less than 1 percent of the landfill's permitted daily amount of refuse. Because the
proposed project would only generate construction waste temporarily and no long-term waste
would be generated,the implementation of the proposed project would result in less than
significant impacts on daily permitted capacity of the Frank R.Bowerman Landfill.
g) Comply with federal,state,and local statutes and regulations related to solid waste?
No Impact.The proposed project would comply with all federal, State, and local statutes and
regulations related to solid waste,including the California Integrated Waste Management Act and
City of Huntington Beach requirements for solid waste generated during the construction process.
No impacts would occur.
References
Orange County Waste and Recycling,2017. Frank R.Bowerman Landfill. Available at:
http://www.oclmdfills.comAandfill/activelbowerman,accessed March 15,2017.
Oman Ouflul Bytom R habililabn/ 96 E54/161M
Ouftil—Flu-Pump B tlon(Pm(xc1 No.J19B) July 2017
4.19 Energy
Less Than
Potentially Significant with Lass man
SIanMOM Alleged. SlgnMcanf
Issues(and Supporting hulnnaflon Sources): Impect Incorporation hnpacf No lmpaM
ENERGY—Would the project:
a) Result in a substantial increase in overall or per capita ❑ ❑ E ❑
energy consumption?
b) Result in wasteful or unnecessary consumption of ❑ ❑ E ❑
energy?
c) Require or result in the construction of new sources of ❑ ❑ E ❑
energy supplies or additional energy infrastructure
capacity the construction of which could cause
significant environmental effects?
d) Conflict with applicable energy efficiency policies or ❑ ❑ E ❑
standards?
Environmental Evaluation
Would the project:
a) Result in a substantial increase in overall or per capita energy consumption?
Less than Significant Impact.The proposed project would require a variety of construction
equipment. The primary energy demand during construction would be associated with use of
gasoline-and diesel-powered mobile construction equipment. Electricity would also be used for
construction lighting and electrically driven construction devices such as air compressors,pumps
and other equipment.Nevertheless,construction would be temporary and would not result in a
substantial use of energy. Construction impacts would be less than significant.
The proposed project will serve a key function of the treatment plant that requires a substantial
amount of energy to function properly. The new facility will ensure that the COS functions in a
safe and efficient manner.This new facility will rehabilitate the existing COBS and replace the
existing PWPS facilities at Plant 2.Therefore,the energy requirements of the new facility would
not result in a substantial increase in overall or per capita energy consumption. Impacts would be
less than significant.
b) Result in wasteful or unnecessary consumption of energy?
Less than Significant Impact.Implementation of the proposed project is not anticipated to result
in an increase in energy consumption at Plant 2.Implementation of the proposed project would be
an upgrade to the current system and would use energy efficient pumps and machinery. Further,
the proposed project includes electrical upgrades to the existing 12 kilovolt systems at the COBS
and Cent Gen. These electrical upgrades would provide OCSD with increased safety,upgrades to
current standards,and better operational flexibility. It is not anticipated the proposed project
would result in a wasteful or unnecessary consumption of energy nor require new sources of
energy. Impacts would be less than significant.
Oman carol eytem Rehabiledon/ 97 EM1161M
Dural—Flowrump sailor(Gmlool No.J199) July 2017
c) Require or result in the construction of new sources of energy supplies or additional
energy infrastructure capacity the construction of which could cause significant
environmental effects?
Less than Significant Impact.Implementation of the proposed project would not increase
energy demands resulting in the need for new sources of energy production or conveyance
infrastructure. Energy would be provided to the facility from the existing power grid serving the
entire treatment facility as well as from the on-site Cen Gen.The proposed project includes
electrical upgrades to the existing 12 kilovolt systems at the GOBS and Cen Gen.These electrical
upgrades would provide OCSD with increased safety,upgrades to current standards,and better
operational flexibility.It is not anticipated the proposed project would result in a wasteful or
unnecessary consumption of energy nor require new sources of energy. Impacts would be less
than significant.
d) Conflict with applicable energy efficiency policies or standards?
Less than Significant Impact. It is not anticipated the proposed project would conflict with
energy efficiency policies or standards.Impacts would be less than significant.
Oman Ouaol Bytom Rthabililabn/ 98 E54/161M
Ouftil—Flu-Pump B tlon(Proa No.J19B) July 2017
4.20 Mandatory Findings of Significance
Less Than
looteavellr Signlgoantwgp L.Than
sla.sil Mlggadon significant
Woes(and appal ing Information Sourtts): Impact Incorpool Impect No Impact
19. MANDATORY FINDINGS OF SIGNIFICANCE—
a) Does the project have the potential to degrade the IR
quality of the environment,substantially reduce the
habitat of a fish or wildlife species,cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major fill of California history or
prehistory?
b) Does the project have impacts that are individually
limited but cumulatively considerable?("Cumulatively
considerable'means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects,the effects of other
current projects,and the effects of probable future
projects)?
c) Does the project have environmental effects which will ® ❑ 11
cause substantial adverse effects on human beings,
either directly or indirectly?
Environmental Evaluation
Would the project:
a) Have the potential to degrade the quality of the environment,substantially reduce
the habitat of a fish or wildlife species,cause a fish or wildlife population to drop
below self-sustaining levels,threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of California history or
prehistory?
Less than Significant Impact.The proposed project would not degrade the quality of the
environment or substantially affect populations or communities offish or wildlife or their habitat,
reduce the number or restrict the range of rare or endangered plants or animals,or involve the
removal of trees.The proposed project would involve temporary earth moving and excavation
activities on the existing Plant 2 property. It is not anticipated that any cultural resource would
exist due to the area being previously disturbed during the construction of the plant. Although
subsurface excavation could encounter previously unknown cultural resources,the project would
be located on an existing treatment plant site that has been used for the same uses for many years.
The upgrade to the facility would not eliminate important example of major periods of California
history or prehistory.
b) Have impacts that are individually limited but cumulatively considerable?
("Cumulatively considerable"means that the incremental effects of a project are
colon Oural syvlam aanamrwnoni 99 liSolls.
Outoll cow Flowvump srapon lvmlxcr No.J-11]9) July 2017
considerable when viewed in connection with the effects of past projects,the effects
of other current projects,and the effects of probable future projects)?
Less than Significant with Mitigation Incorporated.The proposed project would not result in
potentially significant project-level impacts after mitigation.The upgrade to the facility will occur
entirely on the Plant 2 property. The facility will be compatible with the surrounding built
environment and would not contribute to a cumulative visual,biological,cultural,public services
and utilities,or land use compatibility impact. Air emissions,noise generation,and traffic impacts
would be minimal and would not contribute considerably to the existing condition. The project's
contribution to cumulative impacts to the environment would not be cumulatively considerable.
c) Have environmental effects which will cause substantial adverse effects on human
beings,either directly or indirectly?
Less than Significant with Mitigation Incorporated.Construction of the proposed project
would not result in substantial adverse effects,either direct or indirect,on human beings. The
project would provide an important public utility infrastructure improvement that would improve
safety and efficiency of wastewater treatment and disposal for the entire region.The improvement
to the public utility would ensure that environmental impacts to public health and water quality
would be minimized.Impacts to human beings would be less than significant.
ouan ouuol S"m aanamiraroni 100 esa(1s1ms
Outlell m Flow Pump S aton(Pmpn No.J117e) July pn
Appendix A
Air Quality Modeling Data
Green Oufeu snhm Rehedll wf ES2/I.
of fwvrwwvumysmnan(PmN uo.y1170) Jay mn
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Rvkn Meret
rgMlntlusWl x bl W se
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pmm.. yens a
9 bl 33 sf
9Xe Nea 93 se
CamlrvnYn 3JiNuk atl GIXmYe Enb9un Fatlmebr M W e1141RMai1 Fw4
veMprO waYerOre
o9 flyr ry p.w. mpm, or.w. u.IT..v all *ew*k. rnwr�.o
vnvxov zvzonoxz - z. zo
.uxxaov u.apx9
DI.ei.uE v�ym. 3asno39 sn11.
DI.meermumnnw.�ree. mznoza zn3nmo
re,mp. wnnoz9 zzn9nmo
uxeaoxx .axaox.
zaIzno
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muueie.�u�ie� zz
. ree�mp�,.,.tl,ree..e.a.4lrrn�a�G�.
OCSD Ocean Outfall System Rehabilitation
Air quality and Greenhouse Gas Assessment
Construction Equipment and California Emissions Estimator Model(CaIEEMod)Inputs
Construction Equipment
No.of Heavy- Hours of Hours of
Construction Phase Heavy-Duty Equipment Duty Equipment Operation/Day Operation/Week
Demolition Air Compressors 2 8 40
Concrete/Industrial Saws 1 4 20
Forklifts 2 4 20
Generator sets 1 4 20
Off-highway trucks 2 8 40
Site Preparation Compactor 1 6 30
Graders 1 8 40
Rubber Tired Loaders 1 8 40
Grading/Excavation I Bore/Drill Rig 1 8 40
Cranes 1 8 40
Excavator 1 8 40
Pumps 1 8 40
Rollers 1 4 20
Rubber Tired Loaders 1 8 40
Drainage/Utilities/Su Cranes 1 4 20
Excavator 2 8 40
Rollers 1 4 20
Rubber Tired Loaders 2 8 40
Skid Steer Loaders 1 8 40
Building Construction Air Compressors 2 8 40
Cement and Mortar Mixers 2 4 20
Cranes 1 4 20
Forklifts 2 8 40
Generator sets 2 8 40
Rough Terrain Forklifts 1 4 20
Architectural Coating Included in Building Construction
Paving Concrete/Industrial Saws 1 4 20
Compactor 1 8 40
Graders 1 4 20
Rollers 1 8 40
Rubber Tired Loaders 1 8 40
Sweepers/Scrubbers 1 2 10
Paving Equipment 1 8 40
Pavers 1 8 40
DaD
Resource Loaded Construction Schedule
last updated:
9/7/2016
On-Site/Off-Road Equipment 2017 2018 2019 2020
Month 1 2 3 4 5 6 7 8 9 30 11 12 1 2 3 4 5 6 7 8 9 30 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 30 11 12 1 2 3
Phase:
Demolition
Site Preparation
Grading/Earavation
Drainage/Utilities/Trenching
Building Construction
Paving
Architectural Coating
Mechanical/Electrical Equipment&Systems
Sours—May Capital Group,Johnson Fain,May 2016;ESN Fol 2016
OaD LORD
Air Quality Asseasment
Max Regional
canx bn NMly ROG W. Co Box pH+O Tolal la.5Tobl
ttrtallticrvSlb Preponalon I
Porm11ti.radin,1c.oag4 U1111tin,eM 7 id 49 01 6.1 a.
pmmnnan Onmon,Util.,and$ubga4lBuiging Conti.. B 5g 0 Gi J.3 2.B
Donanewa0.almq,Ulinea,enn R.b . aO.HnB ConaWMWFaM1ileaWml Gana, x Gi ad 01 3.4 RB
Ceuialoom anne o 3 m o+ z 2 1e
wtlmum"Ronal amatlona B xa so B.+ 4.1 a.o
sc/AIAIM1maIMf le 1W seo 1M 15B +Bo
omn(Uncxo ON (xa) (Mg) (158) Oda) (167)
R..d.ln...dl no No No No no No
Max Localized
CoMnmtlan MNM NO, Go Pan. PM3.5
Camixon/S1b Popexllon 35 zi 11 16
CamalitinNGaid,WCmn ,Utinam,aM eue.gaa 93 65 3.x 3.a
bmalliinaTamga.Util'M;ead snlpGmGRuiNiaq Com4uMm ze dB Ra 37
CbrtalitiwAalmee,U4mea.and su"ande9ulking Cona4u0aNRrtAgeoallel Coating 11 de 23 27
Pormlltiwuo—a 37 ao 18 11
Wtlmum Lomlimd Emlaebm O Y 3.a 1]
SC.I.InG.. 131 BR ].B 5.p
CYad(Undar) (GN P14) (Ag) (23)
Exoeado TM1rashaldi No No No Ne
OCSD Ocean Outfall System Rehab
Air Quality and Greenhouse Gas Assessment
Localized Operational Emissions
Maximum Unmitigated Regional Operational Emissions(pounds per day)'
Source NOx CO PM, PMz,s
Area (Consumer Products,Landscaping) <1 <1 <0.1 <0.1
Energy(Natural Gas) <1 <1 <0.1 <0.1
Total Project On-Site Emissions <1 <1 <0.1 <0.1
SCAQMD Numeric Indicators 131 962 2 2
Over/(Under) (131) (962) (2.0) (2.0)
Exceeds Thresholds? No No No No
Localized significance threshold from SCAQMD Look-Up tables for a 2-acre site inNorth Coastal Orange County(SRA 19)with the
neareastsensitive receptor at 25 metersfrom the Site.
CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 1 Date: 3/21/2017 4:04 PM
OCSD Plant 2 Ocean Outfall System Rehabilitation-Construction -South Coast Air Basin, Summer
OCSD Plant 2 Ocean Outfall System Rehabilitation - Construction
South Coast Air Basin, Summer
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
General Heavy Industry 10,94 1000sgd 2.00 10,935.00 0
1.2 Other Project Characteristics
Urbanization Urban Wind Speed(m/s) 2.2 Precipitation Freq(Days) 31
Climate Zone 8 Operational Year 2022
Utility Company Southern California Edison
CO2 Intensity 702.44 CH4 Intensity 0.029 N20 Intensity 0.006
(IbIMWhr) (lb/MWhr) (lb/MWhr)
1.3 User Entered Comments S Non-Default Data
Project Characteristics-
Land Use-Client given acreage; square footage accounts for pipeline construction as well
Construction Phase-Client given construction schedule
Off-road Equipment-Client given equipment list
Off-road Equipment-Included in Building Construction
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Grading-Grading import/export
Demolition- Estimated based on given demo cubic yardage (400 cy)
Trips and WIT-Client given inputs
Construction Off-road Equipment Mitigation -
Table Name Column Name Defoult Value New Value
tblConstDustMitigation _ WaterUnpavedRoadVehicieSpeed _ 40 0
tblConsbuctionPhase NumDays 10.00 45.00
iblConstructionPhase NumDays 200.00 395.00
iblConstructionPhase NumDays 20.00 783.00
..-. .--, o...- ...- ...- o ...- ...- o ...- ...- ...-
iblConstructionPhase NumDays 4.00 30.00
iblConstructionPhase NumDays 10.00 5.00
iblConstructionPhase NumDays 2.00 40.00
..-. .--, o...- ...- ...- o ...- ...- o ...- ...- ...-
iblConstructionPhase NumDays 2.00 626.00
tblConstructionPhase PhaseEndDate 11/11/2018 413/2020
iblConstructionPhase PhaseEndDate 11/11/2018 12/18/2020
iblConstructionPhase PhaseEndDate 17/11/2018 11/10/2021
tblComtructwnPhase PhaseEndDate 11/11/2018 5l3/2019
1blConstr6ctionPhase PhaseEndDate 11/11/2018 1/22/2021
iblConstructionPhase PhaseEndDate 11/11/2018 1/412019
iblConstructionPhase PhaseSmaDate 17/12/2018 2l2/2020
iblConstructionPhase PhaseSfartDate 11/12I2018 6/1]/2019
iblConstructionPhase PhaseStanDate 11/1112018 3125/2019
iblConstructionPhase PhaseStm[)mt 11/12/2018 1/18/2021
tblGratlmg AcresOlGrading 0.00 2.00
tblGretling AcresINGrading 20.00 0.00
...- ...- o...- -... ...- o ...- ...- o ...- ...- ...-
tblG2tling MaledalExportetl 0.00 ],500.00
tblGreding Materiallmponed 000 600000
tblLendUse LotAcreage 0.25 2.00
tblOttRoadEquipment LoadFactor 0.40 040
tblOfMoadEquipment LoadFactor 020 020
pn
iblOffRoatlEquipment LoadFactor 0.38 0.38
ibIOHRoatlEquipment LoadFactor 0.60 0.50
tblOffRoadEquipment LoadFactor 029 0.29
iblOifRoatlEquipment LoadFactor 0.38 0.38
iblOffRoadEquipment LoadFactor 0.36 0.38
tblOffRoadEquipment LoadFactor 0.36 6.36
tblOffRoadEgwpment LoadFactor 0.29 0.29
ibIOHRoadEquipment LoadFactor 0.36 0.38
.... o.... .... o .... .... o .... .... ....
iblOffRoatlEquipmpmen[ LoadFactor 0.38 0.38
tblOffRoadEgwpment LoadFactor 0.36 0.36
MIOffRoatlEquipment LoadFactor 0.37 0.37
ibl
.... o.... .... .... o .... .... o .... .... ....
OifRoatlEquipmpment LoadFactor 0.41 0.41
iblOffRoadEquipment LoadFactor 0.36 0.36
tblOffRoatlEquipmen[ LoadFactor 0.46 0.46
tblOffRoadEgwpment LoadFactor 0.36 0.36
tblOffRoadEgwpment OffRoadEquipmentType Air Compressors
IbIOffRoatlEquipmen[ OffRoadEquipmentType Cement and Mortar Mixers
tblOffRoadEquipment OffRoadEquipmentType Rough Terrain Forklifts
tblOffRoadEquipment OffRoadEquipmentType Air Compressors
tblOtfRoatlEquipment OftRoatlEquipmeniType Forklifts
tblOffRoadEquipment OffRoadEquipmentType Generator Sets
tblOffRoadEquipment OffRoadEquipmentType Off-Highway Trucks
tblOffRoatlEquipment OMoadEquipmentType Bore/Drill Rigs
tbIOORoadEquipment OHRoadEquipmemType Cranes
.... ......... o......... ......... .... o .... .... o .... .... ....
IbIOffRoatlEquipment OffRoadEquipmentType Excavators
tblOffRoadEquipment OffRoadEquipmentType Pumps
tblOffRoadEquipment OffRoadEquipmentType Rollers
iil&RoatlEquipment OMoadEquipmentType Rubber Tired Leaders
tblOORoadEgwpment OffRoadEquipmentType Cranes
GOffRoadEquipment OffRoadEquipmentType Excavators
.......
lblOffRoatlEquipment OffRoadEquipmentType Rollers
tblOffRoadEguipment OffRoadEquipmentType Rubber Tired Loaders
iblOffRoadEquipment OffRoadEquipmentType Skid Steer Loaders
iblOffRoatlEquipment OffRoadEquipmentType Concrete/Industrial Saws
iblOffRoadEquipment OffRoadEquipmentType Plate Compactors
ib
.... IO pm o.... .... .... o .... .... ....
RRoatlEquipment OffRoatlEququipmeniType Graders
iblOffRoadEquipmenl OffRoadEquipmentType Rubber Tired Loaders
ibIOBRoadEquipment OffRoadEquipmentType Sweepers/Scrubbers
.... ......... o......... ......... .... o .... .... o .... ..... ....
lblOffRoatlEquipment OffRoadEquipmentType Plate Compactors
60fRoadEquipment OffRoadEguipmen(Type Rubber Tired Loaders;
tblOffRoadEquipment OffRoatlEquipmentUnitAmount 1.00 000
.... ......... o......... ......... .... o .... .... o .... .... ....
IbIOffRoatlEquipmenl OffRoatlEquipmentUniLAmount 1.00 0.00
lblOffRoadEquipment OffRood EquipmentUnitAmount 1.00 MID
tblOffRoatlEquipmen[ OffRoad EquipmentUnitAmount 2.00 1.00
tblOffRoadEguipment ORRoad EquipmentUnitAmounl 1.00 000
tblOffRoad Equipment OffRoad EgmpmentUnitAmount 100 000
lblOffRoad Equipment OffRoad Equipmen[UnitAmount 1.00 0.00
tiblOffRoad Equipment OffRoad EgmpmentUmtAmounl 300 000
tblOffRoad Equipment OffRoad EquipmentUnitAmount 200 000
iblOfrRoatlEquipment OfrRoatlEquipmentUniLAmount 1.00 0.00
iblOffRoadEquipment OffRoadEqulpmentUniNmount 1.00 0.00
iblOffRoad Equipment ORRoadEquipmentUniWmount 100 0.00
thiMioad Equipment OffRoadEgmpmenlUnitAmounl 1.00 0.00
ibIOHRoadEqulpment OHRoadEqulpmentUnlVlmount 3.00 0.00
ibI
.... .... a......... ......... .... o .... .... o .... .... ....
ORRoadEquipnnment OffRoatlEquipmentUnitAmounl 100 0.00
tblOffRoadEguipment OffRoadEguipmentUniMmounl 100 0.00
ibIORRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00
&64Roa Equipment UsageHours 800 4.00
tblOHRoadEguipment UsageHours 800 4.00
...tbIORRoadEquipment ..... UsageHours .... .... TOO .... .... 8.00 ....
iblPrgectCharactenshcs OperationalVear 2018 2022
tblTrlpsAndVMT HaulingTnpNumber 2300 1000
tblTripsAndVMT HaulingTrpNuhhber 1,888.00 1,072.00
2.0 Emissions Summary
2.1 Overall Construction (Maximum Daily Emission)
Unmitigated Construction
ROG x Fugitive aunt Fugitive oust ola
.at
P.l PM10 Taial PM2.5 PM2.5 Total CO2
ay ay
2019 41735 404579 235611 00592 03230 826 2 491 00849 7339 18 87 0 0000 5 855 607 5,855 6072 0 66 0 0000 '5,89 62
2 8
2019 71148 ' 777547 505933 01404 1 3450 32483 43944 03446 30990 32312 00000 1407928 14,079204 30508 00000 1415555
44 4 34
2020 87252 586911 49008 01066 05115 28523 33637 01352 27198 28550 00000 1025030'10,250305' 22790 00000 1030728
52 2 00
2021 39575 ' 366256 30.7919 00721 04540 1.5925 204% 0.1197 1.5065 1.6262 0.0000 6944253 6,944.2531 1.6735 00000 6,986.089
1 6
2022 _ 00000 00000 0.0000 ' 00000 00000 00000 00000 0.0000 00000 00000 0.0000 00000 0.0000 00000 60000 0.0000
Maximum 8.7252 77)547 50.5903 0.1404 1.3450 3.2A83 4.31W OAM6 3.0990 3.2312 1 0.0000 14,079.2814,079.284 3.0508 1 0.0000 14,155.0
44 4 34
Mitigated Construction
ROG NOx GO S02 Fugitive Exhaust PM10 ugnne suet PM2S EOOO
NBIo- ola
PM 10 PM10 Total PM2.5 PM2.5 TotalCO2
EYear Iblday ay
4. 736 4 92 826 2 4 5855607 5,85560 4
2 8
2010 71148 p 77 7547 9610 01404 1 2670 3146 m 4 3164 0.3366 3 0990 3 2308 0.0000 '14 079 28'14,079 284 3 0508 00000 14,155.55
44 4 34
ME _ 87252 ' W90 49 fiy08 , Ogg 6109 9 2 8523 3 3599 0.1366 2 7198 4 8544 6.0000 '10 250 30'10,250 305' 2 980 00000 10,307.28
51 1 00
2021 _ 39575 ' 366256 30.7919 00721 04502 15925 20427 0.1191 15065 ....162% 0.0000 6944253 6,944.2531 16735 00000 6,986.089
1 6
MU _ 00000 ' 00000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 0.0000 00000 0.0000 00000 00000 0.0000
Maximum 1 8.7252 1 T.7547 50.5933 1 0.10 1.2670 1 3.2483 1 <.3164 1 0.3 6 1 3.000 1 3.2306 1 0.0000 14,079.28 14,0]9.26i 3.OW8 0.0000 14,155.55
M 6 36
ROG NOz CO 502 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Blo-0O2 NBio�CO2 Toal CO3 CH4 1 0 CO2a
PM10 PM10 Total PM2.5 PM2.5 Total
Percent o.o0 0.00 0.00 0.00 3.4o O.oO 0.75 1.71 0.00 0.02 0.00 i u.00 o.00 0.00 0.00 0.00
Reduction
3.0 Construction Detail
Construction Phase
Phase Phase Name Phase Type Stan Date End Data Num Days Num Days Phase Description
Number Week
1 'Architectural Coating 'Architectural Coating '2/2/2020 '4/3/2020 5 45'
2 'Building Construction Building Construction 6/17/2019 12/18/2020 5 395
3 IDemolition IDemolition €11I12I2018 €11/10/2021 5' 783i
. ...- ...-m ...- m m51 o.... o ...- o ...- ...- ...-
4 (Gra 31ding (Grading I3/25/2019 5/3/2019 SI 30'
5 (Paving Paving 1/18/2021 1/22/2021 5 5
I .- ....- ....... .......... .....- ...- ...- ...- ...-
6 Site Preparation Site Preparation 111/12I2018 I1/4I2019 SI 40'
1 °Drainage/UtilitieuSub-grade mTrenching m2111/2019 m6/23/2020 5 357
8 (Mechanical/Electrical Equipment Site Preparation 10/21/2019 3/14/2022 5 626
Acres of Grading (Site Preparation Phase): 0
Acres of Grading(Grading Phase): 2
Acres of Paving: 0
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 16,403; Non-Residential Outdoor: 5,468; Striped Parking Area: 0
OffRoad Eguioment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor
rchitectural Coating 'Air Compressors 0_ 6.00' 18' 0.4
Paving Cement and Mortar Miasma 0 800 9 0.5
Demolition iConcretellndustrial Saws 1I 4.00' 81I 0.73
...- ...- o . ...- o......--- ...- o ... a ...- o ...- ---..
Building Construction iGenerator Sets 2 .00' BOI 0]4
Building Construction Cranes 1 400 231 0.29
Building Construction Forldifts 2 ___-800 89 0.20
W
ite Preparation Graders 1i B.00i 187 0.41
.... .... o .... Dill. .... ... ....
Paving iPavers L 8.00i 130 0.42
.... .... o .... Dill. .... o ... a o ....
Paving Rollers 1' .00i 80' 0.38
Demolition iRubber Tired!Dozers 0' B.00i 247 0.40
Sealing iRubber Tired Dozers 0' B.00i 247 0.4
Building Construction TractorslLoatlersBackhces 0 600 97 0.37
Demolition Tractors/LoatlersBackhces 0 800 97 0.37
Grading iTrectors/Loaders/Backhces 0' ].00i 97 0.3
.... .... o . Dill. .... o ... a .... o ....
Paving iTracactorslLoatlers/Backhoes 8 0' .00i 97 0.373]
Site Preparation Tractors/Loatlers/Backhoes 0 TOO, 97 0.37
Grading iGraders 0' B.00i 767 0.41
.... .... o .... Dill. .... o .... a .... o ....
Paving Paving Equipment 1_ B.00i 132' 0.36
Site Preparation Scrapers 0 800 367 04
Builtling Construction iWelders Oi B.00i 46' 04
Mechanical/Electrical Equipment 8 Graders 0 800 187 0.41
Mechanical/Electrical 4ecani.......
allElecirical Equipment& Scrapers 0 800 367 048
Svclemc.... ....,, .., ..., ....,
Mechanical/Electrical Equipment& 'TractorslLoatlers/Backhoes 0' 7.00' 97 0.37
Bvctemc Dill., ..
Building Construction Air Compressors 2 800 78 0.48
Building Construction Cement and Mortar Mxers 2 400' 9" 0.56
... .... . lift. ..... .... ... .... .... 11111
Builtling Construction Rough Terrain Forklifts 1= .00i 100' 0.40
Demolition iAir Compressors 2' B.00i 78` 0.48
. .... .... oft... .... o ... a .... o ....
Demolitionb iForklifts 2 4.00i 88' 0.20
. .... .... ..... .... ... .... ....
Demolitionn Generatori4 Sets 1= .00i 84' 0]111114
Demolition Off-Highway Trucks 2' B.00i 402' 0.38
.... .... o ..... .... oft... .... o ... a .... o .... 11111
Grading Bore/Drill Rigs 1 .gOi 221 0.50
Gratling Cranes 1800 231 02
Grading iExcavators 1€ B.00i 758< 0.38
.... .... o .... oft... .... o ... a .... o .... 11111
Grading Pumps 1 .00i 84' 0]4
Grading Rollers 1 400 80 038
Gratling Rubber Tired Leaders 1 800 203 036
...
Drainage/UtilitieslSub-grade iCraranes 1- 4.00i 231€ 0.26
Drainage/Utilities/Sub-grade Excavators 2800 158 0.38
Drainage/UtilitieslSub-grade iRollers 7 4.00i BO' 0.38
Drainage/UtilitieslSub-gratle iRubber Tired!Loaders 2' B.00i 203' 0.36
Droinage/UtilitieslSub-grade iSkid Steer Loaders 1_ 8.00' 65 0.3
Paving Concrete/Industrial Saws 1l 400 81 0.73
Paving ...- .Plate Compactors ....- ...- 1. ...800 ...- 8 ...- 0.43
Paving iGraders 7€ 4.00' 787 0.41
.... .... o bl . o.... .... o ... a .... o ....
Paving iRubber Tired Loaders
rs 1€ 8.00i 203' 0.3636
Paving Sweepers/Scrubbers 1200 64 0.46
Site Preparation Plate Compactors 1 600 8 0.43
ite Preparation Rubber Tretl Landers 18 00 203 0.36
Trios and VMT
Phase Name OHroad Equipment Worker Trip Vendor Trip jHaulfing Tripi Worker Trip Vendor Trip Hauling Trip Worker Vehicle Vendor Hauling
Count Number Number Number Length Length Length Class Vehicle Vehicle
Class Class
Architectural Coating 0' 1.00' 0.00' 0.00' 14 to 6.90' 20.00 LD_Mix HU I Mix 'HHDT
Building Construction 10= 600 200 000 1470 690 20.00 LD_Mix HDT Mix sHHDT
Demolition m 8 2000 000 1000 1470 690 20.00 LD Mix HDT Mix HHDT
Grading m 6� 1600 000 ip7200 1470 690 20.00 LD_Mix HDT Mx HHDT
Paving 8= 2000 000 000 1470690 20.00 LD_Mix HDT Mix sHHDT
Site Preparation 3 800 000 000 1470 690 2000 LD_Mix HDT_Mrx HHDT
Mechanical/Electrical 0' 000' 000' 000 1470 690 2000LD Mix HDT Mix HHDT
Drainage/Utilities/Sub- - 7: 18.00' 0.00 000 1470 6.90' 20.00 LD_Mix HDT Mix HHDT
3.1 Mitigation Measures Construction
Water Exposed Area
Clean Paved Roads
3.2 Architectural Coating -2020
Unmitigated Construction On-Site
ROG x Go S02 Fugitive Exhaust PM10 FugWo.
ausi Total
PM10 PM10 Total PM2.5 PM2.5 Toial CO2
-[-gory ay I woay
Archu.Ccatrg 2.2527 0.0000 0.0000 0.0000 00000 00000 00
Off-Road 0,0000 00000 0 0000 0,0000 00000 I O W00 0,0000 0 0000 0.0000 0 0000 0.0000 0 0000
Total 2.2527 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Unmitigated Construction Off-Site
ROG NOx I CO 502 Fugitive Exhaust PM10 FugiBve Exbeust PM2.5 Bio-CO2 NiTo1aICO2 CH4 N20 CO2e
PMio PM10 Toiel PM2.5 PM2.5 TOWI CO2
Category IWday IWOay
Hauling 0.0000 0.0000 0.O090 0.0000 OOxO 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00x 0.0000 0.0000
Vendor 00000 00000 0.0000 00000 " 00000 00000 00000 0.0000 00000 " 00000 00000 0.0000 00000 0.0000
Worker 44900e 30300e " 00408 " 11000e " 00112 90000e q 00113 29600e 80000e " 3.0400o- " " 114384 " 11.4384 "33600e-
003 003 004 005 003 005 003 ON
'00, 4.4900e- 3.0300e- 0.0408 1.1000e- 0.0112 9.000Oe- 0.0113 29fi00e- B.000Oe- 3.0400e- 11A384 11A380 3.3000e- N.446fi
0. 003 ON 005 003 005 003 ON
Mitigated Construction On-Site
NiROG Ug(VB xhaust 0glove Exhaust
2 5 Run- 10- Otd HO N2 2e
PM1a PM10 Total Pki Pki Total CO2
ategory ay ay
Hrchit Coating 22527 00000 00000 00000 00000 0.0000 00000
00-aoae - 60066 00060 ° 00000 00000 °""""' ° 66666 60000 """"' 00000 °"'"66000 - 00000""'° 00000 ° 00000 00000 °""""' ° 00000
Total 2.2527 0.0000 O.00D0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 O.OM00 0.0000 0.0000 0.0000
Mitigated Construction Off-Site
ROG I NOx I CO S02 Fugitive Exhaust PM10 FugiBve Exhaust FM2.5 Bio-CO2 NBie- TOWICO2 CH4 N20 CO2e
PM 10 PM10 Total PM2.5 PM2.5 Total CO2
Category IWday IWtley
Hauling 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 - 0.0000 0.0000 0.0000 0.0000
Vendor 00000 00000 0.0000 00000 " 00000 00000 00000 0.0000 00000 " 00000 00000 0.0000 00000 0.0000
Worker 44900e 30300e ° 0.0408 ° 11000e ° 00112 ° 90000a 00113 ° 29600e ° 80000e ° 3,0400o- ° ° 114384 ° 11.4384 °33000o-° 11.4966'
003 003 004 005 003 005 003 004
To[al 0.0.900a- 3.0300e- 0.0408 1.1000e- 0.0112 9.000Oe- 0.0113 2.9600e- 8.001 3.0400e- 11.43M 11.4384 3.3000e- 11.4466
0. 003 ON005 003 005 003 ON
3.3 Building Construction - 2019
Unmitigated Construction On-Site
ROG I NOx I GO S02 Fugitive Exhaust ugifiv Exhauxt PM 25 Bio-CO2 NBio- ota
PM10 PM10 Total Phi Phi Total CO2
ategoryWday ay
t-at Roaa 2,3008 1960 1995 1,1683 1. 683 2.81 2,806 3
9 2
Total 2.3008 1 19.6080 1 17.35,18 0.0295 1.1995 1.1995 1.1683 1.1683 2,806.894I2,806.6949 0.3879 2,8 6.392
9 2
Unmitigated Construction Off-Site
RO Ni CO S02 Fugitive I Exhaust PM10 Fl ive Exhaust PM2.5 Bio- 02 h io- Total 2 H4 N20 02e
PM PM10 Total PM2.5 PM2.5 To" CO2
Category I day lWday
Hauling 0.0000 00000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 OOOOO 0.0000 0.0000 O.0000 € 00000
Vendor _ ]]900e 022% 00566 5 1000e 00128 15200e 00143 36800e 14600e 5.1400o- 549024 549024 36900, 549948
003 004 003 003 003 003 003
Worker 00243 00170 02240 59000e- 00559 44000e 00563 00148 40000e 00152 590181 690181 1 8500e- 59.0543
a" 004 004 003
Total 0.0321 0.2466 0.2806 1.1000e- 0.0687 1.960Ue- 0.0]0] 0.0185 1.800Ue- 0.0204 113.9205 113.9205 5.%"0, 114.0591
003 00] 003 003
Mitigated Construction On-Site
R Ni I GO S02 Fug fve Exhaust UglUve xhaUet PM25 810- Ni Total 2 HO N2 2e
PM1a PM10 Total PM2.5 PM2.5 Total CO2
ategory Ib day ID day
O8-Road - 2.30 19.60 1.3 0.0295 1.1995 11995 1.1 AM . 000 . 06.694 . 06.694 - 0.3879 . 16.39
9 2
Total 2.3008 1 19.6080 11.3548 0.0295 1.1995 1.1995 1.1683 1.1683 0.0000 2,8U6.694 3,806.6949 0.38]9 2,818.392
9 2
Mitigated Construction Off-Site
Ni GO S02 FU9ft- ExM1ausl PMm FuglllveExhaust Bid CO2Nain- Teal 4 a
PM10 PM10 Total PM25 PM2.5 Total CO2
ategory I Ibday W.ay
Hauling 0.0000 0.0000 0woo 00000 0 woo 0.0000 0woo 0.0000 0.0000 UMM 0.0000 0.0000 0woo 0.0000
Vendor ]]900a , 02296 OOSB6 m 51000e- 00128 15200e m 001a3 36Booe , 14600e 54400o- m ....m 549024 549024 m 36900o- , 549948
003 a" 003 003 003 003 003
Worker 00243 00170 02240 59000e 00559 44000e 00563 00148 4 ON 00152 590181 59.0181 1 8500e- 59.0863
ON 004 004 003
Total 0.0321 0.2446 0.2806 1.t000e 0.0587 1.960Ue. 0.0]0] 0.0185 L860Oe. 0.0204 113.9305 H3.9205 5.5400tr .058
003 003 003 003
3.3 Building Construction - 2020
Unmitigated Construction On-Site
ROG NOx I CO S02 Fugitive Exbauet PM10 Fugitive Exbeuet PM2.5 Bio-CO2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category day IWtlay
OR-Roatl 2.0845 11995] ' 17.1757 = 0.0295 1.0434 1.0434 1.0162 1.01 22 ,2,790.24 2,790.2445= 0.3739 '2,799.591
5 1
Total 2.0805 1 17.9757 1 17.1757 0.0295 1.0434 1.0434 1.0162 1.0162 2,19012,190.2445 0.3739 1 2,799.591
5
Unmitigated Construction Off-Site
ROG NOx CO S02 Fugitive Exbeuet PM10 Fugitive Exbauet PM2.5 Bio-CO2 NBio- TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Trial CO2
Category tlay IWtlay
Hauling 0.0000 00000 € 00000 0.0000 00000 00000 0.0000 0.0000 0.0000 00000 00000 00000 0.0000 0.0000
Ventlor _ 66400e 02106 00512 51000e 00128 10400e 00138 36800e 10000e 4,6800, 545583 54.5583 34900e 546456
003 004 003 003 003 003 003
Worker 00224 00152 02038 57000o- 00559 43000e 00563 00148 39000e 00152 571918 57.1918 16500, 572330
004 004 004 003
Total U.U291 0.2258 0.2550 1.OBOOe- 0.0687 1.4700e- 0.0702 0.0185 1.0900e- 0.0199 111.1501 111.1501 5.1400e- 111.8786
003 003 003 003
Mitigated Construction On-Site
ROG NOx I CO 302 Fugitive Exhaust 10 Fugitive xbaust 2.5 Bio-CO2 io- oW CH4 N20 CO2e
PMt0 PM10 Total PM2.5 PM2.5 TOW CO2
Category I i I hiday
00-Road 20845 1]975] ].1T57 00295 1.0434 10434 1,0162 10162 0.0000 2,790.24 2,190.2445 0.3]39 '2,799.591
5 1
TOWI 2.0843 1 1].975] 1 17.1757 0.0295 1.M4 1.0434 1.0162 1 1.0162 1 0.0000 2,]90.244 2,790.2KS 0.3739 2,799.591
5 1
Mitinated Construction Off-Site
RO Ni CO S02 Fugitive Exhaust PMiO Fugitive Exhaust PM2.5 Bio- 02 Who- Total 2 H4 N20 02e
PMt0 PM10 Total PM2.5 PM2.5 To" CO2
Category I Isday IWday
Hauling 0.0000 00000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 € 00000
Vendor _ 6Was 021 GO 00512 51000e 00128 104OOe 00138 36800e 10000e 4.6800, 545583 54.5583 m349001 ° 546450
003 004 003 003 003 003 003
Wei 00224 00152 02038 57000o- 00559 43000e 00563 0.0148 39000e 00152 571918 511918 16500o- 57.2330
am 004 004 003
Total 0.0291 0.2258 0.2550 1.OBOOe- 0.960] 1.000e- 0.9]02 0.0185 1.3990e- 0.0199 111.7501 111.7501 5.1400a- 111.8786
003 003 003 003
3.4 Demolition -2018
Unmitigated Construction On-Site
ROG NOx CO S02 Fugitive I Exhaust PM10 Fugitive Exheuat PM2.5 Bio-CO2 NiTotal CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category IWday INday
Fugitive Dust a . 000e- 0.0000 0.0000
003 003 am ON
OR-Road _ 3W21 2]6]86 18.3420 00424 14030 14030 1.3441 1.344i 4,1M.463 4,186.4639 09960 4,210.305
9 0
Total 4.0421 2].6]85 18.3428 0.0424 8.2900o- 1A0]0 1.d093 9.5000e� 1.3441 1.3460 4.188Afi3 4,185.4639 0."68 4,210.39
003 004 9 0
Unmitinated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio-CO2 I Bio- TotaICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I IWday
Hauling 1.2000e- 4.0200e- '7.8000e- 1.0000, ' 3.7300e 20000e- ' 3]400e- ' 9.2000e 1.000Oe- ' 94000e- ' 1,1000 1,1000 8.0000,' 1.1020
ON 003 ON 005 003 005 003 004 005 ON 005
Vendor _ 0.0000 0 0000 0,0000 0.0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 60000
Worker 01069 00]]0 10006 24500d- 02236 17900e 022M 00593 16500e 00609 2437440 2437"0 83300, 2439523
003 003 003 003
Total U.1U]0 0.0811 1. 014 2Afi00s 0.22r3 1.8100c- 0.2291 0.0602 1.fifi00> 0.0619 244.8440 24/.BMO 8.4100a 2450519
003 003 003 003
Mitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 I FugMve Exhaust Phi Bid,CO2 NiToWICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category IWday IWday
Fugitive Dust 24500e- 0.0000 24500s- ` 3.7000e _ 0.0000 3.7000e- ' 0.0000 _ 0.0000
003 003 ON ON
Off-Road _ 30421 2]6]85 18.3428 00424 14030 14030 1341 13441 00000 41854634,1M.4639 09960 4,210.305
9 0
Total 3.0421 27.6785 18.M28 O.M24 24500e- lA030 1.4055 1 3.7000e- 1 1.3M1 I 1.3M4 1 0.0000 4,185A6314,185.4639 0.9968 1 4,210.385
003 004 9 0
Mitigated Construction Off-Site
ROG Ni CO S02 Fugitive Exhaust PM10 Fugtive Exhaust PM2.5 Bio-CO2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category day lWday
Hauling 1.200Od- 4.0200e- '7.8000e 1.0000e- ' 3.7300e 20000e- ' 3]400e- ' 9.2000e 1.00OOe- ' 94001 ' 1.1000 1,1000 8.001' 1.1020
O04 003 O04 005 003 005 003 004 005 ON 005
Vendor 0.0000 0 0000 0,0000 ' 0.0000 0,0000 0,0000 0.0000 0,0000 0,0000 ' 0,0000 0,0000 0,0000 0,0000
Worker 01069 00]]0 10006 24500s- 02236 17900e 0MN 00593 16500e 00609 2437"0 2437"0 83300o- 243.9523
003 003 003 003
Total U.10]0 0.0811 1.0014 24fi00> 0.22)3 1.8100e- 0.2291 0.0602 1.60WOe- 0.0619 2M.M40 2M.BM0 0.4100e- 2AS.OM3
003 003 003 003
3.4 Demolition - 2019
Unmitigated Construction On-Site
ROG Ni I CO S02 Fugitive Exhaust 51,115 rugwve aust PM25 Die-0O2 Total CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 TOtal CO2
ategory sy ey
Fugitive Dust a 0.
003 003 ON 004 e-
O0-Road 27512 244641 178565 00424 ° 120]] 120]] ° ° 115fi8 ° 11568 m 41389954138,9956 09837 °4,163.599
6 1
Total 2.7512 24.46N 17.8555 0.9424 6.291 1.20]] 1 1.2140 1 9.5000e. 1 1.1668 1 1.15/7 1 4,138.99514,138.9958 0.9937 1 4,10.580
003 004 6 1
Unmitigated Construction Off-Site
RO N x CO I S02 Fugltive Exhaust PM10 FugOive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 02e
PMt0 PM10 Total PM2.5 PM2.5 To" CO2
Category Wtlay Ituday
Hauling 1.1000e- 3.80001 7,601 10000e- ' 5.6000e 1.00001 5,701 ' 14000e 10000e- ' 1,601 _ 1.0867 1.0867 B.000Oe-' 10887
ON 003 ON 006 ON 005 ON 004 006 ON 005
Vendor _ 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000
Worker 009]t 00680 08959 23700a- 02236 1 tiOOe 02253 00593 16100e 00609 2360723 2360723 74000e- 2362573
003 003 003 003
Total U.09]i 0.0718 0.8966 2.3800e- 0.2241 1.]600a- 0.2259 0.0594 1.6200e- 0.0611 237.1590 237.1590 ].4800o- IJ].3459
003 003 003 003
Mitigated Construction On-Site
R N x GO S02 Fugitive E.h.uat PIMIO OgIUVO xh.oat M lo- Total 2 HO N2 2e
PM10 PM10 TMaI PM2,5 PM2.5 T2 a.I5 810- CO2
ategory I ay ID tlay
Fugitive Dust 2A5ON, 0. 00 Allude- ' .]000e 0.0 0 3]000e- ' 0.0000 00000
003 003 004 ON
O6-ROatl 2]512 2446411]8565 00424 120]] m 120]] 11568 11666 m 00000413899541360956 0963] 419569
6 1
Total 2.7512 1 24.4641 17.8565 1 00424 1 2. Oo- 1 1.2077 1 1.2102 1 3.7000e 1.1568 1 1.1572 1 0.0000 4,138.995 38.9956 0.9837 1 4,163.589
D03 004 6 1
Mitigated Construction Off-Site
RO N x CO I S02 Fugitive Exhaust PM10 Fug6ive Exhaust PM2.5 Bio-CO2 NBio- Total 2 H4 N20 02e
PM PM10 Total PM2.5 PM2.5 TOWI CO2
Category I Ibtlay Ituday
Hauling 1.1000e- ' 3.80001 7,6000e- 10000e- ' 5MOOe- 1.00001 5.7000, 14000e 10uvi 1,6001 _ 1.0867 1.0867 B.000Ga-' 10887
ON 003 OD4 005 ON 005 ON 004 005 ON 005
Vendor 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000
Worker 0D971 00680 08959 23700a- 02236 17500e 02253 00593 161 We 00609 2360723 2360723 74000e 2362573
003 003 003 003
Total O.WR 0.0718 0.8966 2dB00r 0.2241 1.]b00e- 0.2259 0.0594 1.fi200e- 0.0611 23].1590 23].1590 ].4800> 23).3459
003 003 003 003
3.4 Demolition - 2020
Unmitigated Construction On-Site
ROG NOx I CO I S02 I Fugitive Exhaust PM10 I Fugitive Exhaust I PM2.5 Bio-CO2 NBio- TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I IWday
FugitrveD v 6.2900e 0.0000 6.2900e- 95000e 0,0000 9.5000e- ' 00000 _ 00000
003 003 004 004
Off Read25320 p 218915 ° t1.4243m 00424 " " 10532 10532 " " 10084 ° 10004 " m40]]1]8"4,077.1189" 09]3] °0.101.522
9 4
Total 2.5320 21.8915 17.d 3 0.04M 61 1.0532 1.0595 1 9.5000e- 1 1.0084 1 1.0093 1 4.0Tr.1]814,0n.1]89 0.9737 4,101.522
003 004 9 4
Unmitigated Construction Off-Site
ROG x CO S02 Fugitive aust PM10 Fugiffiv.
east ota
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ffiai
egory sy I ealay
Hauling 10000e 356008- '7,4000e 10o00e 5.6000e 10000e- ' 57001 14000e o0008- ' 1,5000e- ' 10759 1ID59 8.0000e-' 1ID78
004 003 004 005 004 005 004 004 005 004 005
Vendor 00000 00000 0.0000 00006 °'"00000 00000 00000 0.660o OOOoo ° 0o000 00006 oaao0 00000 °""""' 00000
Worker 00897 00607 " 0.8152 23000o- ]MIS 17100e 02253 " 0.0593 " 157OOo- " 00609 " 2207673 228.7673 65900e- 228.021
003 003 003 003
Total uxleas 0.0862 0.8159 2.3010 o- 0.22A1 19200e. 0.2258 0.0594 15800o- 0.0810 229.8431 228.8431 8.8]OOo- 230.0098
003 003 003 003
Mitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugWve Exhaust PM2.5 Bic-CO2 NBio- ToteICO2 CH4 N20 CO2e
PMiD PM10 Total PM2.5 PM2.5 Total CO2
Category laid, IWday
Fugitive Dust 24500o- 0.0000 24500 3.700e 0.0000 3.7000d, ' 0.0000 0.0000
003 003 004 004
OR-Road 25320 ' 218915 17.4243 OW24 " " 10532 10532 " " 10084 " 10084 OOOOo 40A1]84,0A.1]89 09]3] " 4,101.522
9 4
Total 2.5320 21.8915 17A2A3 O.OI26 2d500o- 1.0532 1.0558 3.]000e- 1.0084 1.0088 O.000D 0.0]].1]8 6,0]].1]89 0.8]3] 4,101.522
003 004 9 0
Mitigated Construction Off-Site
ROG N x CO 802 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- 02 NBio- Total 2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 TOW CO2
Category lb/day INtlay
Hauling 1000i 3.5600e- T4000o- 10000e- ' 5.6000e- 1.000Oe-' 57000e- ' 14000e 1001 ' 1,5001 1.0759 1.0759 8,001' 10]]8
004 003 ON 005 ON 005 ON 004 005 ON 005
Vendor " 00000 00000 " 00000 " 00000 00000 " 00000 ` 00000 " 00000 " 00000 00000 " " 00000 " 00000 " 00000 " " 00000
Workar 0089➢ 0.060] 0.8152 2.3000o- 02236 1]WOe p 02253 00593 15760o- 00609 m 228]6)3 226]6]3m 65900e- 2289321
003 003 003 003
Total 0.0393 0.0642 0.8159 2.3100e- 0.2241 1.7290a. 0.2258 0.0594 1.5800> 1 0.010 1 229.81311 229.8831 6.6700a- 230.MB
003 003 003 003
3.4 Demolition - 2021
Unmitigated Construction On-Site
ROG NOx CO 802 Fugitive Exhaust PM10 Fugitive Exheuat PM Bio-CO2 Ni TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category INtlay INtlay
Fugitive Dust
003 003 ON ON
e-
ON
OR-Road 23027 ' 189380 16.9446 OW24 " " 08935 ' 08935 " " 08557 " 08557 " 40769794,076.9799 09639 " 4,101.076
9 5
Total 2.3027 18.9390 16.21 0.0424 6.29001 0.8935 0.8998 9.5000i 0.8557 1 0.9667 1 1 4,076.97914,076.2799 0.9639 1 4:101.076
003 004 9 5
Unmitigated Construction Off-Site
ROG NOx CO 802 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio-CO2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I day INtlay
Hauling 1.0000e- ' 33100e 7301 10000e- ' 64000e 10000e- ' 65000e- ' 1.fi000e 1000Oe- ' 17000e- ' 10642 10642 7.0000e-' 1.Ofi61
ON 003 ON 005 ON 005 ON 004 005 ON 005
Vendor 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 " 00000
Worker 00837 00546 07509 22200o- 02236 16500e 02252 00593 15200e 00608 " 2213797221.3797-59700o- 2215288
003 003 003 003
Total U.U338 0.0579 0.]51] 2.2300e- 0.2242 1.66009
. 0.2259 0.0595 1.5300> 0.0610 222.M39 222.4439 6.0alri 222.5%9
003 003 003 NO
Mitigated Construction On-Site
ROG NOx I CO I S02 I Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bia CO2 I NiTotal CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I day Was,
Fugitive Dust 245001, 0.0000 24500e- 37000e 0,0000 3701 0.0000 _ 0.0000
003 003 004 ON
Off Read 23027 189380 ° 169446 ° 00424 ° ° 08935 08935 ° ° 08557 ° 08557 ° 00000 °40]69]9°40]6.9]99° 09639 ° 4,101.0]6
9 5
Toad 2.3027 18.9380 16.9446 0.0426 2.d500a 0.8935 0.89fi0 3.]000e- 0.8557 0.8561 0.0000 0.016.9]9 6,0)6.8]99 0.8639 4,101.076
003 006 8 5
Mitigated Construction Off-Site
ROG x CO S02 Fugihve Exhaust ugNve auat ota CH4 N20 mi
Palo PM10 Total PM2.5 PM2.5 Total CO2
station, lwaay
Hauling 3.3100e- '7.301 1000Oe- ' 64000e 10000e- ' 65000e- _ a t 0000e- ' 1,7001 € 1.0542 10662 7,00001,
ON 003 ON 005 ON 005 ON 004 005 ON 005
v�neo� _ o 0000 00000 0 000 0.0000 00000 0,0000 ' 00000 o.0000 0.0000 °...0 0000 - 00000 00000 0 000 HOW
Wei 00837 ' 00546 0.7509 22200a ° 02236 16500e ' 02252 0.0593 15200a- ° 00608 ° °2213797 221.3797 59700a° °221.U118
003 003 003 003
Total 0.0838 0.05" 0.7517 2.2311 0.22d2 1.6600e° 0.2259 0.0595 1.53a0o- 0.0610 222.4d39 222.4d39 8.0400o- 222.5949
003 003 003 003
3.5 Grading -2019
Unmitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugtive Exheuat PM2.5 Bio-CO2 NBio- I Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category Iblday Ib/day
Fugtive Dust 3 OAMO
OR-Road 2.0265 ' 221638 14.0460 00345 ° ° 0.9614 09610 ° ° 0.9036 ° 0.9036 ° °3,386.181 3,386.1815 09159 ° °3,609.078
5 8
Toad 2.0265 22.1638 14.01 0.0345 0.1216 0.9614 1.0930 0.0153 0.9036 0.9199 3,386.18113,386.1815 0.9159 1 3p09.078
5 8
Unmitigated Construction Off-Site
ROG x CO S02 I Fugitive Exhaust PM10 FugiOve Exhaust PM2.5 Bid-0O2 NBia- TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PIA PM2.5 Total CO2
a[egory sy Ihlday
Hauling 0.3 . 091
3 0
Vendor 00000 00000 00000 00000 " 00000 00000 O W00 00000 00000 " 00000 O W00 )MOD 00000 00000""'
Worker 00728 00510 " 0.6719 17800e " 016]] " 131OOe 01690 " 0.0445 12100e " 00457 " 1]]0542 1]].0542 "55500s 1]].1930
003 003 003 003
Total U.3905 10.6904 2.8003 0.0298 0.7918 0.0411 0.8329 01156 0.0393 0.2547 1 3,217.602 3,217.6025 0.2238 1 3,223.192
5 9
Mitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugiOve Exhaust PM2.5 Bio-CO2 NBia- ToWICO2 CH4 N20 CO28
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category IWday IWday
Fugitive Dust 00474 0.0000 0.0414 5.9000e _ 0.0000 5.91 0.0000 _ 0.0000
003 003
Off-Road 20265 221638 " 14.WB " 00345 " " 09614 09614 " " 09036 " 09036 " DAM 3306181 3,386.1815 09159 " 3,409.078
5 8
Total 2.0265 22.1M 14.W8 0.0345 0.0474 0.9614 1.0089 1 5.98008- 1 0.9038 1 0.9095 I 0.0000 3,386.18113,386.1815 0.9159 3p08.OT8
003 5 8
Mitigated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio-CO2 I Ni I Total CO2 I CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category day IWday
Hauling _ 0.30]] 106394 ' 2.1284 _ 0.0281 06241 0.0398 0.6639 0.1710 _ 0.0381 02091 ,3,040.548'3,040.5483_ 0.2181 '3,046,000
3 D
Venda, 0,0000 0,0000 0,0000 ' 0,0000 ' 0,0000 ' 0,0000 ' 0,0000 ' 0,0000 0,0000 ' 0,0000 - 0,0000 ' 0,0000 - 0,0000 ' 0,0000
Worker 00728 00510 0.6719 1780De- 016]] 13100e 01690 D.0445 12100e 00457 1770542 1r].0542 55500, 177.1930
003 003 003 003
TOWI 0.3805 10.69U4 2.119113 0.0298 0.7918 0.0411 0.8329 01155 0.0393 0.2547 1 3,217.602 3,217.6025 0.223fi 3,223.192
5 9
3.6 Paving - 2021
Unmitigated Construction On-Site
ROG NOx I CO S02 Fugitive Exh.uat PM10 Fugitive
aunt =64772r421
ota
PM10 PM10 Total PM2.5 PM2.5
Category ay ay
1.-need 14874 55751 € 2344] 4025 06957 06957 € € 0 € 449 2423449 06976 €2440889
] 4
Paving 00000 00000 00000 0000000000 00000 00000
Total 1.4874 15.5751 12. ] 0.0252 0.6957 0.6957 0.11,177 1 0. ]] , 3. 9 3. 9] 0.69]6 9
] 4
Unmitigated Construction Off-Site
ROG NOx I CO 02 Fu9ltive Exhaust PM10 FugOive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 02e
PM 10 PM10 Total PM2.5 PM2.5 Tt CO2
Category Wday lWday
Hauling 0,0000 0,0000 00000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000
Vendor m 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000
Worker 0063] 00546 0]509 m22200e- a 02238 18506e m 02252 0.0593 i5200e o 00606 m ....m 2213]9] 2218]8]m 59100e-o.... ,2215288
003 003 003 003
Total O.O0
4
) 0.0546 0.,i a 2.2210 1 0.2236 1 1.6001 0.2252 1 0.0593 1 1.51 1 0.0608 221.3797 221.3797 5.91 1 221.5288
003 003 003 003
Mitigated Construction On-Site
ROG x 1 00 S02 Fugitive Exhinird PM10 Fugide.
Exhaust ota
PM10 PM10 Total PM2.5 PM2.5 Toial CO2
ategory laid, Diarly
r-nr-need - 14874 155751 12 3447 . 00252 06957 06957 064]] G64]] 00000 2423449'2423449- 06976 '2440889
] 4
Paving 00000 00000 00000 0000000000 0.0000 00000
Total 14874 15.5751 ] 0.0252 0.6957 0.6957 0. ]] 1 0.64]] 1 0.000 3. 9 3. 9] 0.6976 .8 9
7 4
Mitigated Construction Off-Site
ROG x CO S02 Fugitive Exhoust ugNve ausi TOtal CO2
PM10 PM10 Total PM2.5 PM2.5 Total CO2
a[egory ayland,
Hauling 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.000 0000 0.0"
Vendor ° 0,0000 00000 00000 0,0000 a 0000 00000 O o000 0,0000 0,0000 ° 00000 ° O o000 00000 00000
Worker 00837 00546 0.7509 2.2201 O.M36 1650Oe 02252 0.0593 15200e ° 00608 ° °2213797 221.3797 591° °221.5200
003 003 003 003
Total 0.083] 0.0540 0.75 2.2200o- 0.2236 1.BSOOa° 0.2252 0.0693 1.51 0.0608 221.3797 221.3797 5.91 221.5288
003 003 003 003
3.7 Site Preparation -2018
Unmitigated Construction On-Site
ROD NOx Fugiiive Elhau51 PM10 Fugiliv¢ xluaat PM25 Bid- io- oW HO 2 <
PM10 PM10 Total PM25 PM2.5 Total CO2
ategory Ib day tlay
Fugitive Dust 00000 0,0000 0woo 0.0000 0.0000 00000 00000 00000
OB-Ffoatl 0861] ' 126W5 38167 ° 00133 °°°°° ° 04205 04205 ° °°°° ° 038]5 °°°03875 - °°°°°132]8011. FRti] 04060 .1338001
] 6
Total 0.9817 12.6675 3.8167 0.0133 0.0000 OA205 0.4205 0.0000 0.3875 0.3875 1 1,327.8011,327.8017 0.4090 1 1,338.001
7 6
Unmitigated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio-CO2 NBio- TotaICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I I day IWiday
Hauling 0,0000 00000 € 0,0000 0,0000 0,0000 0,0000 0,0000 0.0000 0,0000 0,0000 0,0000 0,0000 0,0000 € 0.0000
vaado, 0,0000 0,0000 0,0000 0,0000 ° 0,0000 0,0000 ' 0,0000 0,0000 0,0000 ° 0,0000 - 0,0000 0,0000 - 0.0000 ° 0 0000
Worker 00427 00308 04002 98000¢ 00894 72000e 00901 00237 66000¢ 00244 974976 97.4976 33300o- 91
ON 004 004 003
To[al 0.0@7 0.0308 0.4002 9.8000> 0.0894 7.1000e- 0.0901 0.0237 6.fi000a° 0.02M 9]A9Tfi 9]A9Tfi 3.3300> 9].SB09
004 004 004 003
Mitigated Construction On-Site
ROG NOx CO 602 Fugitive Exhaust PM10 Fail Exhaust PM2.5 Bic-0O2 NiTotal CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category day Ileday
Fugitive Dust 00000 0,0000 0.0000 0,0000 0,0000 00000 00000 00000
OR-Road 09817 126675 38167 00133 04205 04205 03875 03875 00000 1327801 1327,8017 04080 1,338.OW1
] 6
Total 0.9817 12.6675 3.8167 0.0133 0.0000 OA205 O.4205 0.0000 0.3875 O.0W5 1 0.0000 1,3277.8011,327.801] 0.4080 1,338.001
] 8
Mitigated Construction Off-Site
x CO S02 Fugitive Exhaust FM10 Fugitive Exhaust 2.5 io- o- oM 4 e
PM10 PM10 Total PM25 PM2.5 Total CO2
Category I li Iteday
Hauling 00000 00000 00000 00000 0WOO 0,0000 0WOO 00000 00000 00000 0WOO 00000 00000 00000
Vead0! ® 00600 , 00000 O.O600 m 00000 , 66000 , 00000 m 00000 65000 00000 O600 m 00000 , 0.0000 m 00000 . O.0000
WOrkW - 0042] ' 00308 OA002 68000e- 00884 ]2000e 00001 0.50 66000e 00244 W40]6 wW6 33300a- W.5808
004 004 004 003
Total 0.042] 00306 04002 9.BOOOe- 0.0894 7.2000e- 0.0901 0.0237 6.6000e- 0.0244 97.4976 97.4976 3.03004- 9].5809
004 004 004 003
3.7 Site Preparation - 2019
Unmitigated Construction On-Site
R N x CO S02 Fug1tive Exhaust ugii Exhaust
PM2.5 6la- 2 i0- Otal 2 HO N2 2e
PM10 PM10 Thal PM2.5 PM2.5 Total CO2
ategory I Ib day `day
Fugitive Oust 0000 0. 00 000OO 0.0 0 0.0 0 0.0000 0.0000 OaWO
00-goad 09l]6 ° 116188 38891 m 00133 03811 m 03811 03512 03512 m m13053661305.9663 6409 0.... '1,WP;t
3 1
Total 0.9176 11.6186 IN31 0.0133 0.0000 0.3811 0.3811 0.0000 0.3512 0.3512 ,305.386 ,305.3863 0. 0]5 ,3 5.5]
3 1
Unmitigated Construction Off-Site
ROG x CO S02 Fugitixe auat ugNve ausi Total CO2
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory ayland,
Hauling 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.000 OCrOO 00"
Vendor ° 0,0000 00000 00000 0,0000 a 000o 00000 O OOOO 0,0000 0,0000 ° 00000 ° O OOOO 00000 00000
Worker 00388 ' 00272 0.3584 95000e- ° 00094 7OOOOe 00901 0.0237 64000e ° 00244 ° ° 944289 94.4289 29600e-° ° 94.5029
ON 004 ON 003
Total 0.0388 0.02" 0.3584 91 0.0896 7.000Oe° 0.0901 0.0237 O.000Oe° 0.02" 94.4289 94.4289 2.901 91
004 006 004 003
Mitigated Construction On-Site
R N x CO S02 Fug fve Exhaust Ogibve xDaust PM25 8io- 2 io- Total 2 HO N2 2e
PM10 PM10 Total PM2,5 PM2.5 Total CO2
ategory Ib ay ID tlay
Fugitive Oust 000 0. 00 00000 0.0 0 0.0 0 0.0000 .ODOO OOODO
06-ROdtl O9t16 116188 30881 00133 °°°° 036i m 03011 °°°° 03512 °°03512 m U600°°m13053861305.9663 Od0]5 °°°° R3155]a
3 1
Total 0.9176 11.6186 3.031 0.0133 0.0000 0.3811 0.3811 0.0000 0.3512 0.3512 1 0.0000 ,305.386 ,305.3863 0.4075 1,3 5.5]
3 1
Mitigated Construction Off-Site
ROG x CO S02 Fug,fir. Exhaust PM10 Fugifiv. Exhaust PM25 Bio-CO2 Total H4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total C.
Category ay ey
Hauling 0. € 00000
Vendor ° 00000 00000 00000 00000 a000o 00000 OW00 00000 00000 ° 00000 ° OW00 00000 ° 00000 00000°"'
Worker 00388 00272 0.3584 95000e ° 00894 70000e 00901 0.0237 64000e ° 00244 ° ° 944289 94.4289 29600e ° ° 94.5029
ON 004 ON 003
Total 0.0388 0.0272 0.3504 91 0.0894 7.000Oe° 0.0901 0.0237 B.000Oe° O.O1 94.4289 94.4289 2.91 96.5029
ON 004 004 003
3.8 Drainage/Utilities/Sub-grade -2019
Unmitigated Construction On-Site
ROG NOx I CO S02 Fugitive Exbeust PM10 Fugitive Exbeust PM2.5 Bic-0O2 NBio- Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I Wday
CO-Road _ 1.]]20 € 203035 ' 133985 _ 0.0292 0,8358 0.8358 _ _ 0.7690 _ 07690 ,2,886.880 2,886.8806_ 0.9134 _ '2,909.715
6 1
Total 1.]]20 1 20.3036 1 13.3985 0.0292 0.835a 0.8358 0.7690 0.7690 2,8841.880 2,886.8808 0.9136 1 2,909.715
8 1
Unmitigated Construction Off-Site
ROG I NOx I CO S02 Fugitive Exhaust PM10 Fugtive Exbeust PM2.5 Bio-CO2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category IWday IWday
Hauling
Vendor _ 00000 00000 0.W00 00000 o000D 00000 O(MD 0.0000 00000 00000 0(MID 0. ( 00000 0.0000
Worker 00874 ' 00612 0.8063 213W 02012 151' 02028 0.0534 14500e )0548 2124651 212.4651 66600o- 212.015
003 003 003 003
Tafal 0.08]4 0.0812 O.BOfi9 2]300> 0.2012 1.5100e- 0.2028 0.0534 1.d500e- 0.05d8 N2.dfi51 212Afi51 6.61141 212.015
003 003 003 003
Mitigated Construction On-Site
ROG NOx I CO S02 Fugitive li PM10 Fugitive
auet ota
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category lWday I Daay
-Roao ]]20 € 2030 _ D. '2909715
6 1
Total 1.]]20 20.3036 1 13.3985 0.0292 0.8358 0.8358 0.7690 1 0.7690 1 0.0000 2,886.88012,886.8806 0.9134 2,909.715
6 1
Mitigated Construction Off-Site
ROG Ni CO S02 Fugitive Exhaust PM10 FugWve Exhi I Pi Bio-CO2 NBio- Total CO2 CH4 N20 CO2a
PMio PM10 Total PM2.5 PM2.5 Total CO2
(Ategory I IWtlay
Hauling 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0MID 0.0000
Vendor 00000 00000 0.0M0 ° 00000 ° 00000 00000 00000 0.0000 00000 ° 00000 ° ° 00000 0.0000 ° 0W00 0.0000
WUrOer 00874 ' 00612 08063 21300a 02012 15100e 02028 00534 14500e 00548 2124651 212.4651 66600, 212.6315
003 003 003 003
Tonal 0.U024 0.0612 0.8063 2.1300e- 0.2012 1.5701 0.2028 0.0534 1.4500e- 0.8548 212.4651 212.4651 6.6600e- 212.015
003 003 003 003
3.8 Drainage/Utilities/Sub-grade -2020
Unmitigated Construction On-Site
ROG NOx I CO S02 Fugitive Exhiest PM10 Fugitive
Exlearat Cta
PM10 PM10 Total PM2.5 PM2.5 MI CO2
Category ay ay
-Road - 1 6519 184762 132254 , 00292 0,7508 07508 06908 06909 2,823.959 2,823959 08 33 _ =2846792
6 ]
Total 1.6519 1 18.4762 1 13.2254 0.0292 0.7508 0.7508 0.6908 0.6908 2,823.95912,823.9598 0.9133 2,8 .T92
6 T
Unmitigated Construction Off-Site
ROG N x I GO S02 FuglDve Exhaust PM ID Ugiove xDaUet Bio- 2 NBio- TOtal 2 HO N2 2e
PM10 PM10 Total PM2.5 PM2.5 TOtal CO2
ategory I ay D tlay
aul ng 0.00 .0000 0.0000 000 0 wo 0.0000 0 woo 0.000 0.00 .0000 0.0000 0.0000 0.0000 0.0000
venao� - o 0000 o 0000 ° o 0000 ° 0 0000 °''°o 0000 ° 0 0000 o 0000 ° 0 0000 ° o 0000 °"'°o 0000 - """"'° o 0000 ° o oobo o 0000 °""""' ° o 0000°"'
Waller 00807 (1 (1 20]00e 02012 15300e 02027 0.0534 14100e 00548 2058905 205.8905 59300e 201
003 003 003 003
Total donut 0.0548 0.7335 2.09001 0.2012 1.5300e° 0.2027 0.0534 1 1.4100e° 1 0.0548 1 295.89051 205.8905 1 5.91 1 206.0389
003 003 003 003
Mitigated Construction On-Site
ROG N x I CO 502 Fugitive Exhaust PM10 F1,1ive Exhaust PM2.5 Bio- 02 NBio- Total 2 CH4 N20 CO2e
PMt6 PM10 Total PM2.5 PM2.5 TOWI CO2
Category Ib/tlay IWOay
OR-Rous 1.6519 184762 ' 13.2254 = 0.0292 0.1508 0.7508 0.6908 0.6908 0.0000 ,2,823.959 2,823.9596= 0.9133 '2,846.792
6 ]
Total 1.6519 1 1814762 1 13.2254 0.0292 0.7508 0.7508 0.6908 1 0.6908 1 0.0000 2,823.95912,823.8596 0.9133 1 2,846.782
8 ]
Mitigated Construction Off-Site
ROG N x GO S02 Fugitive Exhaust PM10 FugBive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 02e
PM PM10 Total PM2.5 PM2.5 TOWI CO2
ategory Ib tlay IWtlay
Hauling 0,0000 0,0000 00000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000
Ventler m 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000
Wmkm 0080] 00546 0]336 m20]00e 02012153OOe T 0202] 0.0534 14100e 00546 2058905m 59300e 206.0389
003 003 003 003
Total Ouou] 0.0546 0.7336 2.07OOh- 0.2012 1.5301 0.2027 0.0534 1.4100s- 0.054E 205.8905 205.8905 5.91 206.0389
003 003 003 003
CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 1 Date: 3/21/2017 4:01 PM
OCSD Plant 2 Ocean Outfall System Rehabilitation-Construction-South Coast Air Basin,Winter
OCSD Plant 2 Ocean Outfall System Rehabilitation - Construction
South Coast Air Basin,Winter
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
General Heavy Industry 1094 1000sgd 2.00 10,935.00 0
1.2 Other Project Characteristics
Urbanization Urban Wind Speed(misl 2.2 Precipitation Freq(Days) 31
Climate Zone 8 Operational Year 2022
Utility Company Southern California Edison
CO2 intensity 702.44 Chill Intensity 0.029 N20 intensity 0.006
(lbIMWhr) (lb/MWhr) (lb/M Ntin
1.3 User Entered Comments S Non-Default Data
Project Characteristics-
Land Use-Client given acreage; square footage accounts for pipeline construction as well
Construction Phase-Client given construction schedule
Off-road Equipment-Client given equipment list
Off-road Equipment-Included in Building Construction
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Grading-Grading import/export
Demolition- Estimated based on given demo cubic yardage (400 cy)
Trips and WIT-Client given inputs
Construction Off-road Equipment Mitigation -
Table Name Column Name Defoult Value New Value
tblConstDustMitigation _ WaterUnpavedRoadVehicieSpeed _ 40 0
tblConsbuctionPhase NumDays 10.00 45.00
iblConstructionPhase NumDays 200.00 395.00
iblConstructionPhase NumDays 20.00 783.00
..-. .--, o...- ...- ...- o ...- ...- o ...- ...- ...-
iblConstructionPhase NumDays 4.00 30.00
iblConstructionPhase NumDays 10.00 5.00
iblConstructionPhase NumDays 2.00 40.00
..-. .--, o...- ...- ...- o ...- ...- o ...- ...- ...-
iblConstructionPhase NumDays 2.00 626.00
tblConstructionPhase PhaseEndDate 11/11/2018 413/2020
iblConstructionPhase PhaseEndDate 11/11/2018 12/18/2020
iblConstructionPhase PhaseEndDate 17/11/2018 11/10/2021
tblComtructwnPhase PhaseEndDate 11/11/2018 5l3/2019
1blConstr6ctionPhase PhaseEndDate 11/11/2018 1/22/2021
iblConstructionPhase PhaseEndDate 11/11/2018 1/412019
iblConstructionPhase PhaseSmaDate 17/12/2018 2l2/2020
iblConstructionPhase PhaseSfartDate 11/12I2018 6/1]/2019
iblConstructionPhase PhaseStanDate 11/1112018 3125/2019
iblConstructionPhase PhaseStm[)mt 11/12/2018 1/18/2021
tblGratlmg AcresOlGrading 0.00 2.00
tblGretling AcresINGrading 20.00 0.00
...- ...- o...- -... ...- o ...- ...- o ...- ...- ...-
tblG2tling MaledalExportetl 0.00 ],500.00
tblGreding Materiallmponed 000 600000
tblLendUse LotAcreage 0.25 2.00
tblOttRoadEquipment LoadFactor 0.40 040
tblOfMoadEquipment LoadFactor 020 020
pn
iblOffRoatlEquipment LoadFactor 0.38 0.38
ibIOHRoatlEquipment LoadFactor 0.60 0.50
tblOffRoadEquipment LoadFactor 029 0.29
iblOifRoatlEquipment LoadFactor 0.38 0.38
iblOffRoadEquipment LoadFactor 0.36 0.38
tblOffRoadEquipment LoadFactor 0.36 6.36
tblOffRoadEgwpment LoadFactor 0.29 0.29
ibIOHRoadEquipment LoadFactor 0.36 0.38
.... o.... .... o .... .... o .... .... ....
iblOffRoatlEquipmpmen[ LoadFactor 0.38 0.38
tblOffRoadEgwpment LoadFactor 0.36 0.36
MIOffRoatlEquipment LoadFactor 0.37 0.37
ibl
.... o.... .... .... o .... .... o .... .... ....
OifRoatlEquipmpment LoadFactor 0.41 0.41
iblOffRoadEquipment LoadFactor 0.36 0.36
tblOffRoatlEquipmen[ LoadFactor 0.46 0.46
tblOffRoadEgwpment LoadFactor 0.36 0.36
tblOffRoadEgwpment OffRoadEquipmentType Air Compressors
IbIOffRoatlEquipmen[ OffRoadEquipmentType Cement and Mortar Mixers
tblOffRoadEquipment OffRoadEquipmentType Rough Terrain Forklifts
tblOffRoadEquipment OffRoadEquipmentType Air Compressors
tblOtfRoatlEquipment OftRoatlEquipmeniType Forklifts
tblOffRoadEquipment OffRoadEquipmentType Generator Sets
tblOffRoadEquipment OffRoadEquipmentType Off-Highway Trucks
tblOffRoatlEquipment OMoadEquipmentType Bore/Drill Rigs
tbIOORoadEquipment OHRoadEquipmemType Cranes
.... ......... o......... ......... .... o .... .... o .... .... ....
IbIOffRoatlEquipment OffRoadEquipmentType Excavators
tblOffRoadEquipment OffRoadEquipmentType Pumps
tblOffRoadEquipment OffRoadEquipmentType Rollers
iil&RoatlEquipment OMoadEquipmentType Rubber Tired Leaders
tblOORoadEgwpment OffRoadEquipmentType Cranes
GOffRoadEquipment OffRoadEquipmentType Excavators
.......
lblOffRoatlEquipment OffRoadEquipmentType Rollers
tblOffRoadEguipment OffRoadEquipmentType Rubber Tired Loaders
iblOffRoadEquipment OffRoadEquipmentType Skid Steer Loaders
iblOffRoatlEquipment OffRoadEquipmentType Concrete/Industrial Saws
iblOffRoadEquipment OffRoadEquipmentType Plate Compactors
ib
.... IO pm o.... .... .... o .... .... ....
RRoatlEquipment OffRoatlEququipmeniType Graders
iblOffRoadEquipmenl OffRoadEquipmentType Rubber Tired Loaders
ibIOBRoadEquipment OffRoadEquipmentType Sweepers/Scrubbers
.... ......... o......... ......... .... o .... .... o .... ..... ....
lblOffRoatlEquipment OffRoadEquipmentType Plate Compactors
60fRoadEquipment OffRoadEguipmen(Type Rubber Tired Loaders;
tblOffRoadEquipment OffRoatlEquipmentUnitAmount 1.00 000
.... ......... o......... ......... .... o .... .... o .... .... ....
IbIOffRoatlEquipmenl OffRoatlEquipmentUniLAmount 1.00 0.00
lblOffRoadEquipment OffRood EquipmentUnitAmount 1.00 MID
tblOffRoatlEquipmen[ OffRoad EquipmentUnitAmount 2.00 1.00
tblOffRoadEguipment ORRoad EquipmentUnitAmounl 1.00 000
tblOffRoad Equipment OffRoad EgmpmentUnitAmount 100 000
lblOffRoad Equipment OffRoad Equipmen[UnitAmount 1.00 0.00
tiblOffRoad Equipment OffRoad EgmpmentUmtAmounl 300 000
tblOffRoad Equipment OffRoad EquipmentUnitAmount 200 000
iblOfrRoatlEquipment OfrRoatlEquipmentUniLAmount 1.00 0.00
iblOffRoadEquipment OffRoadEqulpmentUniNmount 1.00 0.00
iblOffRoad Equipment ORRoadEquipmentUniWmount 100 0.00
thiMioad Equipment OffRoadEgmpmenlUnitAmounl 1.00 0.00
ibIOHRoadEqulpment OHRoadEqulpmentUnlVlmount 3.00 0.00
ibI
.... .... a......... ......... .... o .... .... o .... .... ....
ORRoadEquipnnment OffRoatlEquipmentUnitAmounl 100 0.00
tblOffRoadEguipment OffRoadEguipmentUniMmounl 100 0.00
ibIORRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00
&64Roa Equipment UsageHours 800 4.00
tblOHRoadEguipment UsageHours 800 4.00
...tbIORRoadEquipment ..... UsageHours .... .... TOO .... .... 8.00 ....
iblPrgectCharactenshcs OperahonalYear 2018 2022
tblTrlpsAgi HaulingTrlpNumber 2300 1000
tblTripsAndVMT HaulingTnpNuni 1,888.00 1,072.00
2.0 Emissions Summary
2.1 Overall Construction (Maximum Daily Emission)
Unmitigated Construction
ROG NOx I CO I 802 Fu9it, a ExM1aus� PMW Fugitive Exhaust PM25 Blo- 2 hare- Total 02 H4 N2 I 2e
PM10 PM10 T.i PM 25 PM2.5 TOUI CO2
Year Ibltlay tlay
2015 4,1890 404686 234369 00590 03230 18261 2.1491 00849 17339 18187 0,0000 SBMAW 5,8344591 14159 0.0000 '5,869.855
1 2
2019 71483 779173 504233 01396 1 3450 3 24M 4 3952 03446 3 0990 32312 00000 13 989 35'13,989 351' 3 0583 00000 '14 065 81
16 6 01
2020 8 7452 ' S8]042 49.5092 01063 0 5115 2 8523 3.3838 0.1352 2 7188 2 8550 0 0000 W 217 5M02P ST0 2 2783 00000 10 274 53
06 6 86
2021 3 9]46 134 6364 3b 6495 0 0718 0 4540 1 5925 T 2 0466 011 W 1 5C651 6262 63656 m6 916 736 6 916 7360 1 6727 00000 6 958 553
0 4
2023 0 0000 ' 0 0000 0,0000 0 0000 00000 0.0000 1 00000 0 rxi 0 6000 ...0 0000 0.0000 a 0000 0,0000 00000 0 0000 0,0000
axmum 8.7452 Tr.9173 5 3 0.1395 1.34W 3.24" 4.3952 IL 5 3.0990 3.2312 0.0000 13,989.35 13,9 ,35 .0 3 1 0.000 114,065.81
16 6 01
Mitigated Construction
ROG NOx CO 802 Fugitive Exhaust PMW Fugitive ExM1ausl PM2.5 Me- 2 NBIo- TOOICO2 CH4 N2 2e
PMW P110 TOWI PM25 PM2.5 TOUI CO2
Year Ibltlay Ib tlay
2018 4,1890 404686 234369 00590 03192 18261 21452 00843 1,7339 18182 0,0000 5834458 5,8344580 14159 0.0000 'S,869.855
0 2
2019 71483 ' 7]9173 504233 01396 1 2670 3 2484 43171 0 3346 3,0990 3,2307 00000 13,989 35 13,989 351 3 0583 00000 14,06681
16 6 01
2020 87452 p 58]042 49.5092 01063 05W6 28523 i 3.3598 0.1348 27188 28544 0.0000 mW 2P 57m10,2t15T0 22783 00000 UZ453
06 6 86
2021 3 9746 34 8364 30.5a95 0 0718 0 4502 1 5925 2.042] 0.1191 1 5065 1 6256 65666 '6 918 736'6 W7360 1 6727 0 woo 6 958 553
0 4
2022 00000 ' 00000 00000 00000 00000 OMNI 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000
Maximum 1 8.7452 1 T.9113 SOA233 1 0.13% 1 1.2670 1 INN 1 4.3171 1 0.33,16 1 3.000 1 3.2307 1 0.0000 13,989.35 13,989.351 3.0%3 0.000 14,069.81
6 6 01
ROG NOz CO 502 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Blo-0O2 NBio�CO2 Toal CO3 CH4 1 0 CO2a
PM10 PM10 Total PM2.5 PM2.5 Total
Percent o.o0 0.00 0.00 0.00 3.4o O.oO 0.75 1.71 0.00 0.02 0.00 i u.00 o.00 0.00 0.00 0.00
Reduction
3.0 Construction Detail
Construction Phase
Phase Phase Name Phase Type Stan Date End Data Num Days Num Days Phase Description
Number Week
1 'Architectural Coating 'Architectural Coating '2/2/2020 '4/3/2020 5 45'
2 'Building Construction Building Construction 6/17/2019 12/18/2020 5 395
3 IDemolition IDemolition €11I12I2018 €11/10/2021 5' 783i
. ...- ...-m ...- m m51 o.... o ...- o ...- ...- ...-
4 (Gra 31ding (Grading I3/25/2019 5/3/2019 SI 30'
5 (Paving Paving 1/18/2021 1/22/2021 5 5
I .- ....- ....... .......... .....- ...- ...- ...- ...-
6 Site Preparation Site Preparation 111/12I2018 I1/4I2019 SI 40'
1 °Drainage/UtilitieuSub-grade mTrenching m2111/2019 m6/23/2020 5 357
8 (Mechanical/Electrical Equipment Site Preparation 10/21/2019 3/14/2022 5 626
Acres of Grading (Site Preparation Phase): 0
Acres of Grading(Grading Phase): 2
Acres of Paving: 0
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 16,403; Non-Residential Outdoor: 5,468; Striped Parking Area: 0
OffRoad Eguioment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor
rchitectural Coating 'Air Compressors 0_ 6.00' 18' 0.4
Paving Cement and Mortar Miasma 0 800 9 0.5
Demolition iConcretellndustrial Saws 1I 4.00' 81I 0.73
...- ...- o . ...- o......--- ...- o ... a ...- o ...- ---..
Building Construction iGenerator Sets 2 .00' BOI 0]4
Building Construction Cranes 1 400 231 0.29
Building Construction Forldifts 2 ___-800 89 0.20
W
ite Preparation Graders 1i B.00i 187 0.41
.... .... o .... Dill. .... ... ....
Paving iPavers L 8.00i 130 0.42
.... .... o .... Dill. .... o ... a o ....
Paving Rollers 1' .00i 80' 0.38
Demolition iRubber Tired!Dozers 0' B.00i 247 0.40
Sealing iRubber Tired Dozers 0' B.00i 247 0.4
Building Construction TractorslLoatlersBackhces 0 600 97 0.37
Demolition Tractors/LoatlersBackhces 0 800 97 0.37
Grading iTrectors/Loaders/Backhces 0' ].00i 97 0.3
.... .... o . Dill. .... o ... a .... o ....
Paving iTracactorslLoatlers/Backhoes 8 0' .00i 97 0.373]
Site Preparation Tractors/Loatlers/Backhoes 0 TOO, 97 0.37
Grading iGraders 0' B.00i 767 0.41
.... .... o .... Dill. .... o .... a .... o ....
Paving Paving Equipment 1_ B.00i 132' 0.36
Site Preparation Scrapers 0 800 367 04
Builtling Construction iWelders Oi B.00i 46' 04
Mechanical/Electrical Equipment 8 Graders 0 800 187 0.41
Mechanical/Electrical 4ecani.......
allElecirical Equipment& Scrapers 0 800 367 048
Svclemc.... ....,, .., ..., ....,
Mechanical/Electrical Equipment& 'TractorslLoatlers/Backhoes 0' 7.00' 97 0.37
Bvctemc Dill., ..
Building Construction Air Compressors 2 800 78 0.48
Building Construction Cement and Mortar Mxers 2 400' 9" 0.56
... .... . lift. ..... .... ... .... .... 11111
Builtling Construction Rough Terrain Forklifts 1= .00i 100' 0.40
Demolition iAir Compressors 2' B.00i 78` 0.48
. .... .... oft... .... o ... a .... o ....
Demolitionb iForklifts 2 4.00i 88' 0.20
. .... .... ..... .... ... .... ....
Demolitionn Generatori4 Sets 1= .00i 84' 0]111114
Demolition Off-Highway Trucks 2' B.00i 402' 0.38
.... .... o ..... .... oft... .... o ... a .... o .... 11111
Grading Bore/Drill Rigs 1 .gOi 221 0.50
Gratling Cranes 1800 231 02
Grading iExcavators 1€ B.00i 758< 0.38
.... .... o .... oft... .... o ... a .... o .... 11111
Grading Pumps 1 .00i 84' 0]4
Grading Rollers 1 400 80 038
Gratling Rubber Tired Leaders 1 800 203 036
...
Drainage/UtilitieslSub-grade iCraranes 1- 4.00i 231€ 0.26
Drainage/Utilities/Sub-grade Excavators 2800 158 0.38
Drainage/UtilitieslSub-grade iRollers 7 4.00i BO' 0.38
Drainage/UtilitieslSub-gratle iRubber Tired!Loaders 2' B.00i 203' 0.36
Droinage/UtilitieslSub-grade iSkid Steer Loaders 1_ 8.00' 65 0.3
Paving Concrete/Industrial Saws 1l 400 81 0.73
Paving ...- .Plate Compactors ....- ...- 1. ...800 ...- 8 ...- 0.43
Paving iGraders 7€ 4.00' 787 0.41
.... .... o bl . o.... .... o ... a .... o ....
Paving iRubber Tired Loaders
rs 1€ 8.00i 203' 0.3636
Paving Sweepers/Scrubbers 1200 64 0.46
Site Preparation Plate Compactors 1 600 8 0.43
ite Preparation Rubber Tretl Landers 18 00 203 0.36
Trios and VMT
Phase Name OHroad Equipment Worker Trip Vendor Trip jHaulfing Tripi Worker Trip Vendor Trip Hauling Trip Worker Vehicle Vendor Hauling
Count Number Number Number Length Length Length Class Vehicle Vehicle
Class Class
Architectural Coating 0' 1.00' 0.00' 0.00' 14 to 6.90' 20.00 LD_Mix HU I Mix 'HHDT
Building Construction 10= 600 200 000 1470 690 20.00 LD_Mix HDT Mix sHHDT
Demolition m 8 2000 000 1000 1470 690 20.00 LD Mix HDT Mix HHDT
Grading m 6� 1600 000 ip7200 1470 690 20.00 LD_Mix HDT Mx HHDT
Paving 8= 2000 000 000 1470690 20.00 LD_Mix HDT Mix sHHDT
Site Preparation 3 800 000 000 1470 690 2000 LD_Mix HDT_Mrx HHDT
Mechanical/Electrical 0' 000' 000' 000 1470 690 2000LD Mix HDT Mix HHDT
Drainage/Utilities/Sub- - 7: 18.00' 0.00 000 1470 6.90' 20.00 LD_Mix HDT Mix HHDT
3.1 Mitigation Measures Construction
Water Exposed Area
Clean Paved Roads
3.2 Architectural Coating -2020
Unmitigated Construction On-Site
ROG x I CO I S02 I Fugitive Exhaust PM10 FugWv.
"Xies".
Total
PM10 PM10 Total PM2.5 PM2.5 Total CO2
stegon, ay ay
Archit.Coating 2.2527 0.0000 0.0000 0.0000 00000 € 00000 _ 00000
Off-Road 00000 00000 00000 00000 00000 00000 00000 OOWO 00000 OOWO OW00 00000
Total 2.2527 0.0999 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 g.oggg o.o9og
Unmitigated Construction Off-Site
ROG Ni CO S02 Fugitive Exhaust PIK10 Fugitive x dual 2.5 itr 2 io ota HO 2 CO2e
.MID -MID TM¢I PM25 PM2.5 TOWI CO2
Category Ib day Day
Hauling 0.0000 00000 00000 0.0000 00000 0.0000 0ODDO 0.0000 0.0000 00000 0ODOO o00DO 00000 000OD
VenEor ODDOO ' 60000 00000 65D00 OODDO 00000 I OODOD 60000 00000 ,.-00000 OODDO 0.0000 OOODD O.000O
WOMar 49300e- a 333oge 000)0 m 11000e- a 00112 a 900xe m 00113 2g60oe o 90000e 0.0400e- m 10]265 10]265 m 31000.- 10.]362
003 003 ON 005 003 005 003 ON
Total 4*"0", 3.3300e 0.0370 1.1000a 1 0.0112 1 9.0000e 0.0113 2.91 1 8.0000e 3. Oa 10.TR85 10.7285 3. OOOa- 0.7382
003 003 006 005 003 OOS 003 ON
Mitigated Construction On-Site
RO N x CO S02 Fu9ltive Exhaust PM10 F111ive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 02e
PMt0 PM10 Total PM2.5 PM2.5 To" CO2
Category lb/day lWday
Archit.COatag 2.2527 0,0000 0.0000 _ 0.0000 00000 0.0000 _ 00000
Off Road
_ 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000
Total 2.2527 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mitigated Construction Off-Site
ROG N x I GO S02 Fugitive Exhaust 10 dive Exhaust 2.5 Bio-Cot NBio- Total CO2 CH4 2 CO2e
PMt0 PMid Total PM2.5 PM2.5 TOWI CO2
Category Wood, lWday
HaullOg 00000 00000 00D00 00000 0woo 0,0000 MOO 00000 00000 000D0 00000 000DO 00D00 0000D
Vendor 00000 , 00000 , 0.0660 m 00000 , 66666 , o0066 m 00000 65666 00000 U666 m ....m 00000 0A000 m 66666 0.... . 0.0666
worker - 49300e- ' 33300e , 003)0 1 f000e- 00112 90000e 00113 2.9800e 80000e3.U400o- - 10]265 10]285 '3f000a-' . f0.]362
003 003 0" 005 003 005 003 004
Total 4.9309e� 3.33000 0.0370 . Z. 0.0112 9.0000e. 0.01 3 2.9800e B.000Oe 3. OOtr 0.7285 0.7285 3. 000> 0.1382
003 003 004 003 003 005 003 900
3.3 Building Construction - 2019
Unmitigated Construction On-Site
ROG NOx I CO S02 Fugitive Exhaust PM10 Fu,Mve Exhaust PM2.5 Bio-CO2 NBio- TOWICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I Wday Ib/day
08-Road _ 2.3008 19.6080 ' 17.3548 0.0295 1.1995 1.1995 _ 1.1683 1.1683 .2,806.6N 2,806.6949_ 0.3879 '2,816.392
9 2
Total 2.3008 1 19.6089 1 11.3848 0.0296 1.1995 1.1296 1.1683 1.1693 2,111"ll 412,808.6949 0.3879 1 2,816.392
9 2
Unmitigated Construction Off-Site
x CO I S02 I Fugitive Exhaust PM10 Fugi0ve Exhaust PM25 Bid-CO2 NBio- TotaICO2 CH4 N2O CO2e
PM10 PM10 Total PIA PM2.5 Total CO2
ategory ay I Iblday
Hauling 0.0000 OAOOO 0.0000 0.0000 0.0000 0.0000 0.0000 0.00
Vendor 81300e 02299 00627 5000Oe 00128 15500e 00143 368OOe 14800e 5.1600e- ....m 534278 53.4278 39500e 53.5266
003 ON 003 003 003 003 003
Worker _ 00267 00187 0.2035 56000s- 00559 44000s 00563 0.0148 40000s 00152 553504 55.3504 174001 55.4018
O04 004 O04 003
Total 0.034a 0.2485 0.2682 1.0800> 0.0687 1.9900e. 0.0T0] 0.0186 1.6800e. 0.0204 108.]869 108.7862 6.6800o- 108.9293
003 003 113 003
Mitigated Construction On-Site
R N x I CO S02 Fughre Exhaust PM10 Fugibve Extort, 9.� Blo- 2 NBio- Total 2 HO N2 2e
PM10 PM10 Total PM2.5 PM2.5 CO2
ategory Ib ay ID tlay
00-Road 2.30 19OO 7.3 0.0295 - 1.1995 11995 1.1 . 000 . 06.694 . 06.694 , 0.3879 . 16.39
9 2
Total 2.3008 1 19.6080 1 17.3540 0.0295 1.1995 1.1995 1.1683 1.1683 1 0.0000 2,8U6.694 2,806.6949 0.3879 2,816.392
9 2
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive Exhaust PM10 Fuii0ve Exhaust Pi Bio-CO2 NBio- TotaICO2 CH4 N2O CO2a
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category Iblday b(day
Hauling 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.000)
Vendor _ 01300s- 022% 0.0627 50000s- 00128 15SOOe 00143 3.600Oe 14BOOe 5.1600s- 534278 53.4278 39500e, 53.5266
003 O04 003 003 003 003 003
Worker _ 00267 ' 0.0187 0 2035 56000, 0.0559 4 4OOOe 0.0563 0,0148 4 0000e 0,0152 55 3504 55.3504 1 7400, 55.4018
004 004 004 003
Total O.U348 0.2485 0.2662 1.0fi00s- 0.0607 1.9900e- O.WO] 0.0185 1.8800e- 0.0204 108.7862 108.7862 S.fi900e- 108.9289
003 003 003 003
3.3 Building Construction - 2020
Unmitioated Construction On-Site
ROG NOx I CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio-0O2 I NBio- I Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I IWday
OR-Road _ 2.0W 17,9]5) ' 17,1757 _ 0.0295 1.0434 1.0434 _ 1.0162 1.0162 ,2,790.24,1 2,790.2445_ 0.3739 '2,799.591
5 1
Total 2.0W 1 17.9757 1 17.1757 0.0295 1.0434 1.0434 1.0162 1.0162 2,79( 16 2,)90.2445 0.3739 2,799.591
5 1
Unmitigated Construction Off-Site
ROG I NOx CO S02 Fugitive Exhaust PM10 FugiOve Exhaust PM2.5 Bin-0O2 NBio- TOWICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
xa[a
Category IWday IWday
Hauling 0.0000 0.0000 0.0000 0.0000 Ooo00 0.0000 0.0000 0.0000 0.0000 0.0000 O.0o00 O.00o0 0.0000 0.0000
Vendor 69400e- 02106 0.0568 501 00128 1M08- 00139 3.1000e 10100e 4.701 530755 53.0755 37300a- 53.1M
003 004 003 003 003 003 003
Worker _ 0,0247 0,0167 01848 5 4000 0.0559 4 3000e 0.0563 0,0148 3 9000e 0,0152 53 6426 53.6426 1 5400, 53,6812
004 004 004 003
Total 0.031fi 0.2272 0.2416 1.040oe- 0.060] 1.4900e- 0.0)02 0.0185 1.6000e- 0.0199 106]100 106.7100 8.2700e- 106.0499
003 003 003 003
Mitigated Construction On-Site
ROG I x I GO S02 I Fugitive Exhaust PM10 ugNve gust PM4.5 Bio-0O2 NBio- Total 4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category ltday ay
OR-Road '2,799.591
5 1
Total 2.011,15 1 17.9757 1 17.1757 0.0295 1.0,44 IMU 1.0162 .0 .0000 ,] . 2,791 0.3739 2,799.591
5
1
Mitinated Construction Off-Site
ROG I x I CO I S02 I Fugitrve Exhaust PM10 FugiOve Exhaust PMi Bio-CO2 Wig- TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PIA PM2.5 Total CO2
a[egory ay Itlay
Hauling 0.
Vendor 69400e 02106 (1 5000Oe 00128 10600e 00139 3fi800e 10100e 47001 530755 53.0755 37300e 53.1688
003 ON 003 003 003 003 003
Woker 00247 00167 0.1848 54000e- 00559 43000e 00563 0.0148 39000e 00152 536426 53.6426 15400a 53.6812
ON 004 ON 003
Total 0.0316 0.2272 0.2416 1.0400s 0.0687 1.d900e. 0.0]02 0.0185 i4000e� 0.0199 106.]180 106.7180 5.270N- 108.8499
003 003 003 003
3.4 Demolition - 2018
Unmitigated Construction On-Site
ROG NOx CO 502 I Fugitive I Exhaust PM10 I FugOive Exheuat PM2.5 Bio-CO2 NiTOtaICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category lli IWday
Fugitive Dust OOs €
003 003 ON a ON
OR-Road _ 30421 2]6]85 18.3420 00424 14030 14030 13441134414185463 4,185.4639 09960 4,210.385
9 0
Total 4.0421 27.6795 13.3428 O.Od24 6.Q900c 1A030 1.4093 9.5000e. 1.3441 1.9d50 0.185A83 0.185.d839 0.9988 4,210.485
003 006 9 0
Unmitinated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio-CO2 NBio- TotaICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I I day IWEay
Hauling 1.2000e- 4.01OOe- '84000d- 1.01 ' 3.7300e 20000e- ' 37400d- ' 9.2000e 2.000Oe- ' 94001 10817 10817 8.000Oe-' 1.0838
ON 003 ON 005 003 005 003 004 005 ON 005
Vendor _ 0.0000 " 0 0000 0,0000 ' 0.0000 0,0000 0,0000 ' 0,0000 0,0000 0,0000 ' 0,0000 0,0000 0,0000 0,0000 60000
Worker 01172 ' 00847 09118 2301 02236 17900e 022M 00593 16500e 00609 2286505 2286506 78300o- 2288463
003 003 003 003
Tofal 0.1113 0.0887 0.9127 2.0100s 0.2213 1.8100a- 0.2291 0.0602 1.6000s 0A619 229.7322 229.]322 r.91U0s 229.9301
003 003 003 003
Mitigated Construction On-Site
ROG N x CO I S02 I Fugitive I Exhaust PM10 FugXive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 CO2e
PMt0 PM10 Total PM2.5 PM2.5 TOWI CO2
Category day IWday
FugXive Dust 2.4500e- 0,0000 24500, 370000 0.0000 3.7000, 0.0000 _ 00000
003 003 004 004
Off Road30421 2]6]85 183428 00424 14030 14030 1M41 13441 . 00000 '4185463'41854639� 09968 '4.210 385
9 0
T0[al 3.0421 27.6785 18.X28 0.0424 2. 5Wei 1.4030 1.4055 3.7000e- 1.3441 1.3440 1 0.0000 4,185.46314,185.4639 0.9968 1 4,210.385
003 004 9 0
Mitigated Construction Off-Site
ROG x GO 802 Fugitive Exhaust PM ICI Fugi6v0 Ex i PM25 Bio- 2 NBio- Total 2 H4 N2 2e
PM10 EMIR
Total PM2.5 PM25 Total CO2
ategory ay ay
out ng 1. 000e- ' 0]00e- 'R4 00e- .0000e- ' 3.] 00e- 20000e- 3.7400e- ' 9. 000e .0000e- ' 9.4000e- ' 10817 10817 . 000e-' 10838
004 003 I 004 005 003 005 003 004 005 004 005
Vendor - 60g00 66666 00000 66W 66666 66666 OW ii 66666 66666 00000 - 00000 06000 lb 0m 00000
Walker 01172 00847 09118 23000e 02236 17900e 02254 00593 16500e 00609 2286505 2286505 78300e 228.8463
003 003 003 003
To[al 0.1113 0.0887 0.9127 2.31000- 02273 1.81000- 1 6.2291 1 0.0602 1.6700e. 1 0.0619 229.7322 229.7322 ].9100a- 301
003 003 003 003
3.4 Demolition - 2019
Unmitigated Construction On-Site
ROG NOx 1 00 S02 Fugitive Exhaust PM10 I Fugitive Exhaust
io- TotaRCO21
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category ay ay
Fugitive Bust 62900o- 00000 62901 95090e 90000 95000, 0490g 001
003 003 004 004
Off-Road 2)512 p 244841 11.8565 00424 120]] 120]] 11568 11568 41389954,138.9956 09837 4,163.589
6 1
ota 2.75 7,9505 0.042ht 6.2911(si 1.2077 1.2140 .5000e- 1.1568 ,15A .995 .9956 0.9337 1 4,163.589
003 004 6 1
Unmitigated Construction Off-Site
ROG x 1 ugiova aunt u9i0ve ..at ota
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory MW I Woay
Hauling 1 1000a- 38500e- '92000e- 1 0000e- 0t 0000e- ' 58000t 00 e I 0000e- 60OOe- 1 0685 0685 9 0000e- 0705
am 003 am 005 004 005 004 004 005 am 005
VenEo� "" 00000 00000 00000 00000 0a000 00000 0ao00 00000 00000 ".,.00000 0ao0o 00000 00000 00000
Waller 01066 ' 00]4] " 08139 " 22200e " 02236 17500a 02253 " 60593 161 Om- " 00609 " 2214335221A335 6940Ce " 2216070
003 003 003 003
Total 0.i06e 0.0785 0.8148 3.2]00e- 0.3]A1 1]600e- 0.II59 0.0594 1.92o0e- 0.0611 222.5019 222.5019 ].o200e- 322.W]5
003 003 003 W3
Mitigated Construction On-Site
ROG I ry x ugltive xhaust 10 ugeive xhaust 5 Bia Co io- OW H4 N2G Cote
PM10 PM10 Total PM2.5 PM2.5 TOWI 002
Category ai..y
Fugitive Dust 2.4500e- 0,0000 2.4500e- ' 37WOe 00000 3.7000e- ' 0.0000 00000
003 003 004 004
OB-Roa Zi512 244641 " t]8W5 00424 " 120]] 120F] " " 11588 11W6 0.000041388854,138.8858 0883] 4,163589
8 1
Total 2.7512 24.,tml 17.8565 0.0424 2ASOOe� 1.20]T 1.2102 3.]WOc 1.1568 1.15]2 0.0000 4,138.995 4,138.9956 0.9837 4,163.589
003 004 6
Mitigated Construction Off-Site
ROG N x CO S02 Fugitive Uhauat PM 0 Fug,b. Exhaust 2.5 Bi6 2 io- otd 2 H4 e
PM1a PM10 Total PM2.5 PM2.5 Total CO2
ategory ay ay
aul n9 1.1000e- ' 3.8500e- '8. OOe- .000Oe- ' 5.6000e- 1 WOOe-' 5. OOOe- ' 1 A000e .OWOe- ' 1. OOOe- ' 1 W85 1 0685 . 00O .0705
a" 003 _ 004 005 am 005 am 004 005 004 005
venao� - o 0000 o oaoo o 0000 o 0000 """o 0000 o 000g o 0000 o 0000 o 0000 ""'"o 0000 - """"'" o 0000 o 0000 o 0000 """""' o 0000""'
Worker 01066 00]4] 08139 22200e 02236 17500e 02253 00593 16100e 00609 2214335 221A335 69400e 2216070
003 003 003 003
Total 0.1088 0.0785 0.8143 2.2300e- 02241 1.76000. 1 02259 1 0.0594 1 1.620e. 1 0.0611 222.5019 222.W19 7.0200o' 222.6]]5
003 003 003 03
3.4 Demolition - 2020
Unmitigated Construction On-Site
ROG NOx I CO I S02 I Fugitive Exhaust PM10 I Fugitive Exhaust I PM2.5 Bio-CO2 NBio- TotaICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I I041ay
FugitrveD v 6.2900e 0.0000 6.2900e- 95000e 0,0000 9.5000e- ' 00000 _ 00000
003 003 004 ON
OR-Road ° 25326 p 218915 t1.4243m 00424 ° ° 10532 10532 ° ° 10084 o1OOB4 ° m40T]1]8°4,0]9.1]89° 09]3] E4101.522
9 4
Total 2.5320 21.8915 17.4U3 0.NM 6.2900e- 1.0532 1.0595 1 91 1 1.0084 1 1.0093 1 4,11Tr.1]814,0".1]89 0.9737 4,101.522
003 004 9 4
Unmitigated Construction Off-Site
ROG x I CO S02 Fugitive Ederunit
ugNve aunt PM2.5 Bio-CO2 Min- ota
PM10 PM10 Total PM2.5 PM2.5 Total CO2
:E
a[egory ICOw21
ay
Hauling _ 1. a a a 1.
ON 003 a 004 005 ON 005 ON ON 005 004 o- 005
Vendor ° HMO 00000 Eiiw 00000 °°°00000 00000 00000 O.0000 00000 °"Oo000 ° """"' OOD00 UOOO ° 00000 °""""' 00000
Worker 00987 ' 006% 0.7392 21500e- 02236 17100e 02253 0.0593 157008 001 2165703 214.5703 6181 214.]24]
003 003 003 003
Total 0.0968 0.0]02 09400 1.1800o- 0.22A1 1.7200.. ams8 0.0594 is800e- 1 0.0610 1 215.60781 216.6278 1 6.281 1 1 215.7M
003 003 003 003
Mitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugitve Exhaust PM2.5 Bio-CO2 NBio- TotaICO2 CH4 I N20 CO2a
PMiO PM10 Total PM2.5 PM2.5 Total CO2
Category I1 Ih/dey
Fugitive Dust 24500e- 0.0000 24500e- ' 3.7000e _ 0.0000 3.7000e- ' 0.0000 _ 0.0000
003 003 ON ON
OR-Road 25320 218915 ° 17.4243 ° 00424 ° ° 10532 10532 ° ° 10084 ° 1OD84 ° 00000 °40Tr178°4,W].1)89° 09]3] ° °4,101.522
9 4
Total 2.5320 21.8915 17.4U3 0.0424 2A500e- 1.002 1.0556 3.7000.- 1.0084 1 1.0088 1 0.0000 4,0]].1]814,0".1]89 0.9]3] 4,1014.522
003 004 9 4
Mitinated Construction Off-Site
ROG x Fugitive gust ugNve ausi Total CO2
PM10 PM10 Total PM2.5 PM2.5 Total CO2
a[egory ay ay
Hauling -€ 5]Ogga- ' 1 4000e . OOge- € . 575 8.0000e-' 1.
004 003a 004 005 004 005 a 004 004 005 a 004 005
VenEo� _ 00000 00000 oa000 00000 0g000 00000 ' 0g000 00000 00000 °...00000 ° oa000 00000 ogoon 00000
Wei 00987 ' 006% 0.7392 21500o- ° 02236 17100e 02253 0.0593 157OOe ° 00609 ° °2145703 214.5703 61800e-° °214.]24]
003 003 003 003
Total 0.0988 0.0702 0.700 2.1800o- 0.22A1 1.7200e° 0.2258 0.0594 i5800o- 1 0.0610 1 215.078 1 215.6278 1 6.281 1 1 215.711,11
003 003 003 003
3.4 Demolition - 2021
Unmitigated Construction On-Site
NOx I CO S02 Fugitive Exhaust 10 Fugitive Exhaust 5 io- o- oW H4 2 e
PM10 P1010 Total PM25 PM2.5 TOM CO2
ategory lb day I lVday
Fugitive Dust 62900o- 0.0000 € 62900o- 95000e 0.0000 _ 9,5000e- ' 00000 _ 00000
003 003 004 004
O8-Roatl 2302] 189380 169446m 60424 08935 m 08935 0656) 0855) m Uw6i9,40)68)99 08639 N1010]6
9 5
Total 2.3027 18.9380 16.9646 0.0434 61 0.8935 0.8998 9.5000a° 0.8557 1 0.8567 1 4,076.97914,076.9799 0.9639 1 4,1015.076
003 004 9 5
Unmitigated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugiOve Exhaust PM2.5 Bio-COG NBia- Total CO2 CH4 N20 CO2a
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I lWday IWday
Hauling 1.0000e- ' 3.3500a- '7.8000s- 1.0000e- ' 64000e 1.0000a-' 6.5000e- ' 1.6000e _ 1.000Oe- ' 1.7000e- ' _ 1.0459 10459 _ 8.0000s-' 1.0479
004 003 004 005 004 005 004 004 005 004 005
vendor 0.0000 " 00000 0 a000 0.0000 0.0000 0 0000 0.0000 0.0000 0 0000 °...0 OOoo ° 0,0000 0,0000 ° 0,0000 0,0004)
Worker 00922 00600 06)9) 20800o- 02236 16500e 02252 0.0593 15200e 00608 2076302 207.6302 55800o- 207.7698
003 003 003 003
Tate) 0.0920 O.Ofi33 eas" 2.0900e- 0.2242 1.6600e- 0.2259 0.0595 t5300e- 0.0610 208.6762 208.6162 S.fifi00> 208.81T
003 003 003 003
Mitigated Construction On-Site
ROG NOx CO I S02 I Fugitive I Exhaust PM10 FugXive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 CO2e
PMt0 P010 Total PM2.5 PM2.5 TOWI CO2
ategory day IWday
Fugitive Dust 2.4500e- 0,0000 24500, 37000 0.0000 3.7000o- 0.000 _ 00000
003 003 004 004
Off Road 2 3027 18 9380 " 16 9446 " 0 0424 08935 08936 " " 0 8557 " 080 . 0 0000 "4 0]6 979"4 0]6.9799' 0 9639 " "4101 076
9 5
Total 2.3027 18.9380 16.9446 0.0424 2. 5 Oei 0.8935 0.8960 3.1000e- 0.8557 1 0.8561 1 0.0000 4,076.97914,076.9799 0.9639 1 4,1015.076
003 004 9 5
Mitigated Construction Off-Site
ROG I NOx I CO S02 Fugitive Exhaust PM10 Fugitive ExM1aust I PM2.5 Bio-CO2 NBio- ToteICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category IWday IWtley
Hauling 1.000oe- 3.3500a- '7.8000e- 1.000oe- 6,1000 1.Oo0oe-' 6.5000e- ' 1b0o0e 1.o0o0e- ' 1.7000e- ' - 1.0459 1.0459 8.0000e-' 1.0479
004 003 004 Dos 004 005 004 o04 005 004 005
vaaaor 00000 o0000 " o."D " 00000 0o000 00000 T 00000 0.0000 00000 "...00000 B(MD 0.04Io0 " BCoon 0.0"
Worker 00922 00600 " 06)9) 2081 02236 16500e 02252 " 00593 15200e " 00608 " "2076302 2W.6302m55800o- 20).]698
003 003 003 003
Total 0.0920 0.0633 0.005 2.0900a 0.U,42 1.65001 0.2259 0.0595 1S000e- 0.0610 208.6762 208.6762 5.fifi00e- 208.81T
003 003 003 003
3.5 Grading - 2019
Unmitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugXive Exhaust PM2.5 Bic-0O2 CO2 NBio- Total CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category day IWEay
Fugitive Dust 01216 0.0000 0.1216 0,0153 0,0000 00153 00000 0.0000
Off Road 20265 ' 221638 14.0448 00345 " " 09614 09614 " " 09036 " 09036 " 3386181 3,386.1815 09159 3,409.078
5 8
Total 2.0265 22.1638 14.0448 0.0345 0.1216 0.9614 1.0830 0.0153 0.9036 0.9189 1 3,386.181 3,386.1815 0.9159 1 3,409.078
5 8
Unmitigated Construction Off-Site
ROG N x CO I S02 Fugitive Exhaust PM10 FugRive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 CO2e
PMt0 PM10 Total PM2.5 PM2.5 TOWI CO2
Category day Ib/day
Hauling 0.3159 107841 2.2844 0.0276 06241 0.0405 0.6647 0.1710 0.0388 02095 2,989.426 2,989.4267 0.2269 '2,995.098
0
Vendor 00000 00000 ° 00000 ° 00000 ° 00000 ° 00000 00000 ° 00000 ° 00000 ° 00000 ° ° 00000 ° 00000 ° 00000 ° 6.66&
Wodcm 00600 00660 06105 1670(X- 01677 13100e 01690 0.0446 12100e00457 1660761 1660751 °521(1 ° 166.2053
003 003 003 003
Total 0.3959 10.8401 2.8949 0.0293 0.7918 0.0418 0.8336 0.2155 0.0400 0.2555 1 1 3,155.50113,155.5010 0.2321 3,161.303
8 3
Mitigated Construction On-Site
R N x I GO S02 Fugitive Exhaust PM ID Fugi6ve FxhrRat
PM25 Hio- 2 NBio- Total 2 HO N2 2e
PM Plato Total PM2.5 PM2.5 Total CO2
ategory we., IDday
Fugitive Dust 0 74 0. 00 0N74 6. a 0.0 0 5.900e- ' 0.0000 0.0000
003 W3
00-ii 20265 221036 140446 00345 09614 09614 09036 04w m 00000 ,3388161 33 i615 09159 M4060]8
5 8
Total 2.0265 22.1638 14.0,148 RAM 0.0474 0.9614 1.0089 5.9800e° 0.9036 0.9095 1 0.0000 3,386.18113,386.18151 0.9159 1 3,409.W0
003 5 B
Mitigated Construction Off-Site
ROG I NOx I CO S02 Fugitrve Exhaust PM10 ugNve gust PM25 Bid CO2 NBio- ota 02 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory sy Red,
Hauling € 0.6647 €
0
Vendor ° 00000 00000 0.0000 00000 )MOO 00000 )WoO 00000 00000 00aoo ° 00000 )Moo OO000 00000°"'
Walker 00800 00560 0.6105 16900e 01677 13100e 01690 0.0445 12100e 00457 1660751 166.0751 52100, 166.2053
003 003 003 003
Total 0.3959 10.8401 2.8949 0.0293 0.7918 0.0418 0.9336 02155 0.0400 1 0.2565 1 3,1050113,10.5018 0.2321 1 3,161.303
8 3
3.6 Paving - 2021
Unmitigated Construction On-Site
ROG NOx I CO S02 Fugitive Exhieurat PM10 Fugitive
auat =64772r421Total
PM10 PM10 Total PM2.5 PM2.5
Category ay ay
1.-Roatl 14874 55751 € 2344] 4025 06957 06957 € € 0 € 449 242344W 06976 €2440889
] 4
Paving 00000 " " " 00000 00000 " " 00000 00000 " " 00000 " " " 00000"
Total ] 5.5]51 ] 0.0252 0.6957 0.6951 0.11,177 1 0. ]] 3. 9 3. 9] 0.69]6 9
] 4
Unmitigated Construction Off-Site
ROG NOx I CO 502 Fugitive Exhaust PM10 FugOive Exheusi PM2.5 Bio-CO2 Ni To1aICO2 CH4 N20 CO2e
PM10 PM10 Toiel PM2.5 PM2.5 Toiel CO2
Category Ibltlay Ib/tlay
Hauling 0.0000 00000 06000
Vendor 00000 00000 0.0000 00000 " 00000 00000 00000 0.0000 00000 " 00000 OC(M 0.0000 00000 0.0000
Worl 00922 0 0600 " 0.6]9] " 2 0800e- " 02236 " 1.EfiDlDri 02252 " 0.0593 " 1 5200e " 0 0608 " "20]6302" 207.6302 "5 5800e-" "207.7698
003 003 003 003
Total 0.0922 0.0600 0.6787 2.08(1 0.2236 1.6501 0.2252 0.0593 1.52001 0.0608 207.6302 207.6302 5.58(1 207]698
003 003 003 003
Mitigated Construction On-Site
x I GO S02 Fugitive Exhaust PM10 Fugiffive
auat Total
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category sy ay
OO-Road1.4874 155751 12.3447 0,0252 0,6957 06957 0.641] 064]] 0.0000 2428449'2428449]- 0.6976 '2,440.889
] 4
Paving 00000 " " " " 00000 00000 " " 00000 00000 " " " 0.0000 " " " 00000
Total 1,4874 16.5751 12,M7 0.0262 0.6957 0.6957 0.8477 1 0.64]] 1 0.0000 2,423A4912,420M9J 0.6978 1 2AO$80
4
Mitigated Construction Off-Site
ROG NOx CO 502 Fugitive ExM1aust PM10 Fug9ive ExOaust PM2.5 Bio- 02 NBio- Total 2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 TOW CO2
Category Iblday la/tlay
Hauling 0.0000 00000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000
Vendor " 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 0.0000
WOMer 0 0822 0 0600 O 6]W 2 0800e- , 0 2238 1 6500e 0 2252 0.0593 1 5200e o 0 0608 m 20]6302 20]6302 m 5 5800e-, ,207.7688
003 003 003 003
Total 0.0922 0.0600 0.6797 2.08(11 0.2236 1.600e- 0.2252 1 0.0593 1 1.5201 1 0.0608 1 1 207.63021207.6302 1 5.51 1 207.708
003 003 003 003
3.7 Site Preparation - 2018
Unmitigated Construction On-Site
ROG I NOx I CO S02 I Fugitive Exhaust P 10 Fugitive xbauet 2.5 itr 2 io. TotalCH4 2 <
PM10 PM10 TMaI PM25 Pki TOW CO2
Category Ib day tlay
Fugitive oust 00000 00000 0woo 0.0000 00000 00000 0.0000 00000
Off Road08617 ' 126W5 3816] " 00133 " 04205 04205 " " 038]5 03875 - 1327801 1.327.8017 04060 """"" '1338001
7 6
Total 0.9817 12.6675 3.8167 0.0133 0.0000 0.4205 0.4205 0.0000 0.3875 0.3875 1 1,327.8011,327.8017 0.4080 1 1,338.001
7 6
Unmitigated Construction Off-Site
ROG NOx CO 802 Fugitive Exbeuat PM10 Fug9ive Exbeust PM2.5 Bio-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category Iblday Ibrtlay
iri o oaoo
Vendor 00000 00000 0.04011 00000 " 00000 00000 00000 0.0000 00000 " 00000 00000 0.0000 00000 0.0000
Worker 00469 00339 " 0.3641 920008- 00894 72000e 00901 " 0.0237 " 560iYOe " 00244 " 914602 91.4602 31300a- 91.5385
004 004 am 003
Tohl 0.04fi9 0.W39 0.3647 9.20(0e- 0.0894 7.2000e- 0.0901 0.0237 B.fi001) 0.11 21.4602 91.4602 3.1301 91.5985
004 004 004 003
Mitigated Construction On-Site
ROG N x CO I S02 I Fugitive I Exhaust PM10 FugXive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N20 CO2e
PMt0 P010 Total PM2.5 PM2.5 TOWI CO2
atagory day IWday
Fugitive Dust 00000 0,0000 0.0000 0.0000 _ 0.0000 00000 00000 _ 00000
Off Road
_ 09817 126675 38167 00133 04205 04205 03875 03875 00000 '1 327 801'1 327 80P' 04080 1 338 001
] 6
Total 0.9817 12.6675 3.8167 0.0133 0.0000 OA205 0.4205 0.0000 0.3875 O.OB75 1 0.0000 1,327*801 11,32].801] OAOBO 1 1,338.001
] 6
Mitigated Construction Off-Site
ROG N x CO 802 Fugitive Exhaust 10 Fugitive E.h.ust PM2.5 i,CO2 NBiO- Total4 <
PM10 PM10 TM01 PM2.5 PM2.5 Total CO2
-P 1
awgory Ib daywa s'y
HaullOg 0.0000 00000 00000 00000 0woo 0,0000 MOO 00000 00000 00000 00000 OOOOO 00000 00000
VenCor - 00000 ' OOWO 00000 00000 00000 00060 00000 60000 00000 00000 - 0woo 0.0000 0woo 0low
WOMar 00469 gB339 oasti] m 92000<- 00894 72000e m 00801 0.023] 66000e 00244 m 9146g2 914602 m31300o- 915385
om 004 004 003
To[al 0. 69 0.0339 0.3647 9.2000e- 0.0894 7.2001 0.001 0.0237 8.8000e- 0.02 91.4602 9 . 602 3. 300a 9 .5385
004 004 004 003
3.7 Site Preparation - 2019
Unmitigated Construction On-Site
ROG NOx CO 602 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio-CO2 NBio- Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
eii
CM977 IWday IWally
Fugitive Dust 00000 0.0000 0.0000 0.0000 _ 0.0000 0.0000 0.0000 _ 0.0tM
OR-Road _ 09176 116186 3.6831 00133 03811 03611 03512 03512 13053861,305.3863 04075 1,315.574
3 1
Total 0.9176 11.6186 3.6831 0.0133 0.0000 0.3811 0.3811 0.0000 0.3512 0.3512 1 1 1,305.38611,305.3863 0.4075 1 1,315.574
3 1
Unmitigated Construction Off-Site
ROG x GO S02 Fugitive ausi ugNve ausi Total CO2
PM10 PM10 Total PM2.5 PM2.5 Total CO2
a[egory gi
land,
Hauling 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.000 OCrOD 0.0"
Vendor ° 00000 00000 00000 00000 OMOO 00000 OW00 00000 00000 ° 00000 ° OW00 00000 00000
Worker OW27 0020 0.3256 89000e- ° 00094 7OOOOe 00901 0.0237 64000. ° 00244 ° ° 885734 81 21800e-° ° 88.6420
DW 004 ON 003
Total 0.042] 0.020 0.3256 0.9000c 0.0094 7.000e- 0.0901 0.0237 01 0.02" 01 08."U 2.7800e- 00.0420
0" 004 004 003
Mitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugMve Exhaust PM2.5 Bio-CO2 NBie- Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Wtegory IWday Utley
Fugitive Dust 00000 0.0000 0.0000 0.0000 _ 0.0000 0.0000 0.0000 _ 0.0000
OR-Road 09176 116106 ° 3.6831 ° 00133 ° ° 03811 03811 ° ° 03512 ° 03512 ° OOOW °1305386°1,305.3863° 04075 ° °1,315.574
3 1
Total 0.9178 11.6186 3.6831 0.0133 0.0000 0.3811 0.3811 0.0000 0.3512 0.3512 0.0000 1,3035.386 1,305.3863 0.40]5 1,31SW4
3 1
Mitigated Construction Off-Site
ROG N x I GO S02 Fugitive Exhaust PM10 Fugtive Exhaust I PM Bio- 02 NBio- Total 2 H4 N20 02e
PMtO PM10 Total PM2.5 PM2.5 TOWI CO2
Category I day INtlay
Hauling 0.0000 00000 0.0000 0.0000 00900 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 00000
Vendor ° 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 00000 OOOOO
WOMer 0042] 00299 03280 89000e- 00894 7W56e p 00961 0.00 84000e 00244 m 885]34 885]34 m0800e-
a" 004 004 003
Total 0.042] 0.02" 0.3256 8.91 0.0896 ].WOO.-1 0.0901 0.0237 6A000.° 0.02 88.WU 88.WU 2.780 881
004 004 004 003
3.8 Drainage/Utilities/Sub-grade -2019
Unmitieated Construction On-Site
ROG NOx I CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio-CO2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category It Ib/0ay
OR-Road 1.]]20 20.3036 ' 13.3985 = 0.0292 0,8358 0.8358 0.7690 0.7690 ,2,886.880 2,886.8806= 0.9134 '2,909.715
6 1
Total 1.]]20 1 20.3036 1 13.3995 0.0292 0.8358 0.8358 0.7690 1 0.7690 1 2,806.00012,006.8008 0.9136 1 2,909.715
e 1
Unmitigated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugiOve Exhaust Pi Bio-CO2 NBio- Total CO2 I CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total L02
Category I It Ilvday
Hauling 0.0000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0o00 0.0000 0.0000
Venda[ 00000 09000 o.0000 00000 00000 ' 00000 aoo00 ' 0.0000 00000 00000 aoo00 ' o.'MID 90000 ' 0.9000
Worker 00960 00672 07326 201 02012 15700e 02028 00534 14500e 00548 1992901 199.2901 62500, 1994463
003 003 003 003
To[al 0.09fi0 0.06]2 0.]326 2.0000e- 0.2012 1.5701 0.2028 0.0534 1.4500e- 0.0548 199.2901 199.2901 6.2500a- 199.4463
003 003 003 003
Mitigated Construction On-Site
ROG NOx CO $02 Fugitive Exhaust 10 Fugitive Exhaust 2.5 io- io- oW H4 N2o Cote
PMID PM10 Total PM2.5 PM2.5 Total CO2
Category Ib Oay I lVday
O0-Road 11720 20,30M 13,3985 00292 0,8358 08358 0,7690 0.7690 0.0000 2,886.880'2,886.8806 09134 '2,909715
6 1
Total 1.]]20 1 20.3036 13.3985 0.0292 0.8358 0.8358 0.7690 0.7690 1 0.0000 2,886.880 2,886.8806 0.9134 2,909.715
6 1
Mitigated Construction Off-Site
NiROG GO I S02 Fuglifiroa Exhaust PM10 Fugifix.
ExhaustTotal
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ate97 hold, that,
Hauling 00000 00000 00000 00000 00000 00000 0 0000 0 0000 0 0000 0 0000 0 0000 0 DODO 00000 0707,
G;& 00000 OCOOo " O0o00 " 00000 00000 00000 00000 00000 00000 "...00Ooo O0000 Ooobo " Oa000 00000
Worker 00960 OOfi]2 " 03326 " 20000e " 02012 15700e 02028 " 00534 " 14500e " 00548 " 1992901199.2901 62500e " " 199.4460
003 003 003 003
I otal 9.9960 0.0672 0.7326 2.0003e- 0.2012 1.5]00e. 0.2028 0,0534 1.40001 0.9646 199.2901 199.2901 6.2509X 199.063
003 003 113 003
3.8 Drainage/Utilities/Sub-grade - 2020
Unmitigated Construction On-Site
ROG N x CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Blo- 02 NiTotal 2 H4 N20 02e
PMt0 PM10 Total P142.5 P142.5 Towl CO2
Category lb/day lWday
Ott Hood _ 1.6519 184762 ' 13.2254 _ 0.0292 0.1508 0.7508 _ 0.6908 0.690E ,2,823.959 2,823.9596_ 0.9133 '2,846.792
6 ]
Total 1.6519 1 18.4762 13.UM 0.0292 0.7508 0.7508 0.6908 0.6908 2,823.959 2,823.9596 0.9133 2,84fi.T92
8 T
Unmitigated Construction Off-Site
ROG Ni CO 5 uRtli Exhaust PM10 FugW,e Exhaust PM25 Bin-CO2 N is ota 02 CH4 N20 CO2e
PM10 PM10 Total RIM PM2.5 Total CO2
a[egory ay Itlay
Hauling 0. € 00000
VenEo� '" 00000 " 00000 00000 " 00000 " 00000 00000 ' OW00 00000 00000 " 00000 " OW00 00000 00000 00000""'
WoMer 00888 00600 0.fi653 19400e 02012 15300e 02027 0.0534 14100e 00548 1931132 193.1132 55600s- 193.2522
003 003 003 003
Tohl 0.0888 0.11fi00 11.41653 1.9400o- 0.2012 1.6300e. 0.2027 0.0634 1.4100e. 0.0648 183.1132 181.1132 5.5600s- 193.2622
003 003 003 003
Mitigated Construction On-Site
RO N x I CO SO2 Fugitive Exhaust PM10 F111ive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N2O Ole
PM PM10 Total PM2.5 PM2.5 To" CO2
Category I Ib tlay lWday
OR-Road _ 1.6519 184762 ' 13.2254 _ 0.0292 0.1508 O.7508 _ 0.6908 0.6905 0.0000 ,2,823.959 2,823.9596_ 0.9133 '2,846.792
6 T
Total 1.6519 1 18.4762 1 13.22fi4 0.0292 0.7508 0.7508 0.6908 0.690E 1 0.0000 1 2,823.95912,823.9596 0.9133 1 2,846.792
8 7
Mltlaated Construction Off-Site
ROG N x I GO S02 Fugitive Exhaust PM10 FugXive Exhaust PM2.5 Bio- 02 NBio- Total 2 H4 N2O Ole
PMt0 PM10 Total PM2.5 PM2.5 TOWI CO2
ategory Ib tlay Ib/tlay
Hauling 0,0000 0,0000 00000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000 0,0000
Vend., m 00000 00000 00000 00000 00000 00000 1 00000 00000 00000 00000 00000 00000 00000 00000
Wmkm 00666 p 00600 06653 m 1 9400e- 02012 1 53OOe m 02021 00534 1 4100e 00546 m m 1931132 193.1132 m 55600e- 193.2522
003 003 003 003
Total 0.0888 0.OM 0.fi653 1.9400i- 0.2012 1.5301 0.2027 0.0534 1.4100e- 1 0OMB 1 1 193.11321193.1132 5.511 193.2522
003 003 003 003
CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 1 Date: 3/21/2017 3:11 PM
OCSD Plant 2 Ocean Outfall System Rehabilitation-Operations-South Coast Air Basin, Summer
OCSD Plant 2 Ocean Outfall System Rehabilitation - Operations
South Coast Air Basin, Summer
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
General Heavy Industry 10.94 1000sqft 0 2b 10,93buo 0
1.2 Other Project Characteristics 1
Urbanization Urban Wind Speed(m/s) 2.2 Precipitation Freq(Days) 31
Climate Zone 8 Operational Year 2019
Utility Company Southern California Edison
CO2 Intensity 702.44 CH4 Intensity 0.029 N20 Intensity 0.006
(Ib/MWhr) (IbIMWhr) (lb/MWhr)
1.3 User Entered Comments & Non-Default Data
Project Characteristics-
Land Use-
Energy Use-Building would not be temperature controlled.
Table Name Column Name Default Value New Value
tblEnergyuse NT24NG 6.86 0.00
tblEnergyUse T24NG 1411 0.00
tblProjectCharacterstcs OperationalVear 2018 2019
2.0 Emissions Summary
2.2 Overall Operational
Unmitigated Operational
x Fugitive x auto Fugitive goal Rio- io- ols e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Eadegory Oay li
Area 0.24 1.0000e- ' 11300e 0.0000 00000 0.0000 0.0000 0.0000 , 2.39 a- 390 e . 1.00 a-' 2.5600e-
005 003 003 003 005 003
Enargy 00o00 ° 00000 96666 00000 00000 100000 00000 00000 m 000o0 m 6A000 m 00000 00000 90066
Mobile 00401 02059 06092 199OOe 01544 221 OOe 01566 00413 2,0800si 00434 201 d917 201.4911 00102 2017465
003 003 003
Total 0.2848 0.2059 0.6103 1.9900e- 0.1544 2.21 0.1%6 0.0413 2.0800e- 1 0.0434 49 1 1 201.494t 0.0102 1 0.0000 201.] 0
003 00360t 003
Mitigated Operational
ROG NOx GO S02 ugii Exhaust ugitne aunt ota
PM10 PM10 Total PiPM2.5 Tolel CO2
ategary ay ay
Area 02444 10000e- ' 0. 2. 600e-
005 003 a 003 a 003 a 005 a 003
Enargy 00000 ' 00000 00000 00000 00000 100000 00000 00000 ....m 00000 00000 00000 00000 00000
Mobile _ 00400 02059 0.6092 19900e- 015d4 221W 01556 0.0613 20800e- 110436 2014917 201.4917 00102 201]465
XG 003 003
Tnlal 0.2848 01052 0.6103 1.9900e. IIAW 2.N00e. 0.1568 0.0413 2.0800e- 0.00. 20149N 20i4941 0.0102 0.0000 201.7M
003 003 003
ROG NiCO 2 Fug11Me ExNai P11,110 Fugitive Exhaust PM2.5 Blo- 02 NBWC 2 TWaI OH N20 O 26
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Percent 0.00 0.00 0.00 0.00 0.00 0.00 O.00 0.00 0.00 0.00 but, 0.00 0.00 0.00 0.U0 0.00
Reduction
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
Roo NOx I CO 02 Fu9ltive I Exhaust PM10 Ful ive Exbauet PM2.5 Bio- 02 NBio- Total 2 H4 N20 02e
PMt0 PM10 Total PM2.5 PM2.5 Tool CO2
Category May IMday
Mitigatod _ 0.0404 02059 0.6092 19900e- 01544 2.2100e-' 0.1566 0.0413 _ 2.0800e- ' 0.0434 _201.4917' 201.4917 _ 0.0102 '201.7465
003 003 003
Unmtgaeu 00404 02059 06092 19900e- 01544 221Due 01566 00413 20800e 00434 2014917 2014917 00102 2017465
003 003 003
4.2 Trip Summary Information
Avenge Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual vm i
General Heavy Industry 16.40 16.40 16.40 72,635 72.635
Total 16.40 16.40 16.40 72,635 72,635
4.3 Trip Type Information
Miles Trip% Trip Purpose
Lana use H-W or -W 11-6 or - or -NW I H-Wor - I H-Sor - or U-NVY I Prunary, Divert ass-by
General Heavy Industry 1660 8.40 6.90 59.00 28.00 13.00 92 5 3
4.4 Fleet Mix
n se A LD 2 MDV LHDi LHD2 MHD HHD OBUS UBUS MCV SBUS MH
General Heavy Industry 0.548893' 0.044275' 0.199565 0.124385' 0.017503' 0.005814 0.020174 0.028962' 0.001990' 0.002015. 0.004673' 0.000702' 0.000989
5.0 Energy Detail
Historical Energy Use: N
5.1 Mitigation Measures Energy
ROG NOx I 0o I G02 I Fugitive Exhaust 10 Fugitive Exhaust 2.5 u, io- oW Ha N20 Cote
PM1U PM10 Total PM25 PM2.5 Total CO2
Category Ibday I Wday
NatualGas 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 00000
Mitigatt
Netu 00000 00000 0.0000 m 00000 00000 T 00000 00000 00000 m m 00000 0.0000 m 00000 00000 0.0000
UnmNgatedgatetl
5.2 Energy by Land Use - NaturalGas
Unmitigated
a.Wra a 2 ugit a Exhaust PM10 uglhv¢ Exhaust N x, Mal HO N2 2e
s Use PM10 PM10 Total PM25 PM25 ToWI
Land
e¢ yr D tlay in tlay
Genem eavy 0 00000 € 0.0000 0.0000 0.0000 _ 0.0000 00000 00000 00000 0.0000 0.0000 00000 0.0000 0.0000
mdusoy
TOWI 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 0.0000
Mitigated
Natura a 2 Ugit ¢ Exhaust 0 Ugl v¢ xhauat PM25 Bio- 2 N x, Mal 2 HO N2 2e
s Use PM10 PM10 Total PM2.5 PM25 Total
Land 80 yf ay in,lay
General Heavy 0.000 0.0000 0. 000 0.0000 0.0000 .0000 0.000 . M 00.0000 0. 00 0.0000 00000 0.0000
Iueustn
Total 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
6.0 Area Detail
6.1 Mitigation Measures Area
ROO NOx I CO I S02 I Fugitive XImmx, pm,0 ugt a xM1auM .5 Bio-0O2 NBitr TMaI CO2 CH4 N20 e
PM16 PM10 Total PM2.5 PM2.5 rr. I CO2
tegory Ib/day .may
Mitigated 02444 1000Oe- 1.1300e 00000 00000 00000 00000 0.0000 23900e- ' 2.3900e 10000e 25600e-
005 003 003 003 005 003
Unmaigatetl 02444 ' 10000e- i ii66;7 00000 0woo 00000 00000 00000 23900e 23900e 10000e 2.5500e-
005 003 003 003 005 003
6.2 Area by SubCategory
Unmitigated
ROG NOx CO S02 Fugitve Exhaust PM10 Fugitive Exhaust PM25 Bio-0O2 NBio- Tc al CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
SubCategory Ib/tley Iblday
Architectural 0.0278 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Coating
Consumer 02165 00000 00000 00000 00000 - 00000 00000
Products
Landscaping 11000e ' 10000e 1.1300e 00000 00000 00000 00000 00000 23900e 2.3900e 10000e 25600e-
004 005 003 003 _ 003 005 003
Total 0.2614 1.0000e- 1.1300s- 0.0000 0.0000 0.0000 0.0000 0.0000 2.3900e- 2.3800e- 1.000os- 2. 00e-
005 009 003 009 005 S6 003
Mitigated
R NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM25 Bio- 2 NBlo- Total CO2 CH4 N20 2e
PM10 PM10 Total PM2.5 PM2.5 TMaI CO2
SubCatei Mai IWda,
Architectural 00278 _ 0.0000 0.0000 00000 0.0000 0.0000 0.0000
Coating
Consumer 02165 0 00000 00000 00000 00000 - 00000 00000
Products
Lantlsnap ng 11000e ' 10000e 11300e 00000 00000 00000 0000000000 23900e 23900e 10000e 25600e-
004 005 003 003 003 005 003
Total 0.24M 1 1.0000c- 1 1.1300e- 0.0000 0.0000 0.0000 00000 1 0.0000 2.3900e- 2.3900a- 1.0000e- H.5800e-
005 00] 003 003 004 003
CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 1 Date: 3/21/2017 3:09 PM
OCSD Plant 2 Ocean Outfall System Rehabilitation -Operations-South Coast Air Basin, Winter
OCSD Plant 2 Ocean Outfall System Rehabilitation - Operations
South Coast Air Basin,Winter
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
General Heavy Industry 1094 1000sgft 0.25 10,935.00 0
1.2 Other Project Characteristics
Urbanization Urban Wind Speed(misl 22 Precipitation Freq(Days) 31
Climate Zone 8 Operational Year 2019
Utility Company Southern California Edison
CO2 Intensity 702.44 CH4 Intensity 0.029 N20 Intensity 0.006
(IbIMWhn (lb/MWhr) (Ib/MWhr)
1.3 User Entered Comments & Non-Default Data
Project Characteristics-
Land Use-
Energy Use-Building would not be temperature controlled.
Table Name Column Name Default Value New Value
tblEnergyUse NT24NG 6.86 0.00
tblEnergyUse T24NG 1411 6.00
tblPro/ectCharactenstics CperationalYear 2018 2019
2.0 Emissions Summary
2.2 Overall Operational
Unmitigated Operational
ROO NOx CO I S02 Fugita I Exhaust PM10 Fugitive ExM1ausl PM26 Blo-CO2 NBIo- Torol CO2 I CM N20 CO2e
PM10 PM10 Total PM2.5 PM25 TOU CO2
are,., Ibltlay Ibg"
Area 02444 10000e- ' 1.1300e 00000 0.0000 00000 00000 0.0000 = 2.3900e- ' 2.3900e . 1.0000e- ' 2.5600e-
005 003 003 003 005 003
Energy 00000 ' 00000 00000 00000 00000 00000 00000 00000 00000 00000 0000 00000 00000
Moblle m 00380 p 02125 0.5686 16800e , 01544 2.2206e-m 01566 O.ON3 20900e- 0.0434 ....m 1912062m 191.2062m 00101191.4582
003 003 003
Total 0.2834 0.2125 0.5697 1.8800a 0.1W 2.2200, 0.1566 0.0413 2.0900e- 1 0.0434 1 1191.2061 191.2088 1 0.0101 0.0000 191Afi0T
003 003 003
Mitigated Operational
ROG NOx CO S02 FugiBve Exhaust PM10 Fugitive Exhaust PM25 Bio-0O2 Net, Total CO2 CH4 N20 CO2a
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category Ibltlay Ibltlay
Are. 0.2444 1.0000e- 1.1300e 0.0000 _ 0.0000 0.0000 0.0000 0.0000 _ 2.3900a- ' 2.3900a _ 1.0000a- ' 2.%00e-
005 003 003 003 005 003
Energy _ 00000 00000 0.0000 00000 00000 00000 00000 00000 00000 00000 00000 00000 0.0000
Mobile _ 00390 ' 02125 05686 18800e 01544 22200, 01566 00413 20900, 00434 1912062 191,2062 00101 1914582
003 003 003
Total 0.2834 0.2125 0.5697 1.8800s- 0.1544 2.2200e- 0.1566 0.0413 2.0900e- 1 0.0434 1 1 191.2086 1 191.2086 1 0.0101 1 0.0000 191.4607
003 003 003
ROG NOx CO 302 Engine
e I Exhaust PM10 Fugltive Exhaust I PM2.5 I BIo-L03 NBIo-L02 Total I CH4 I N20 L02e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Percent 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Reitargon
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
RGG HGx I Oo I 3G2 I Fugitive Exhaust 10 ugeve xbaust 2.5 Bio-Cot io- TOWICo2 CH4 H2O CG2e
PM PMlo Thai PM2.5 PM2.5 TOWI CO2
ategory waay I w0ay
Mitigase 00390 02125 05686 8800e 01W 22200e- 01566 0.04 3 20900e- ' 00434 1912062' 912062 00101 € € 914582
003 003 003
Unmitigated 00390 ' 02125 0.5686 TAO0 ' 01544 22200e 01568 auii 20900e -O M34 1912082 1912062 00101 1914582
003 003 003
4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
Lana Use Weekday Saturday Sunday Annual VMT Annual VMT
General Heavy Industry 16AU 16.40 16AU 72,635 74635
Total 16.40 16.40 16.40 72,635 72,635
4.3 Trip Type Information
Miles Tdp o Trip Purpose%
Lnd Use H-W or C-W H-S or C-C I H-O or C-N W H-W or C- H-S or C-C H-D or C-NW Primary Diverted Pass-by
General Heavy Industry 16.60 6.40 6.90 59.00 26.00 13.00 92 5 3
4.4 Fleet Mix
n se LDA I LDTi I LDT2 I MDV I LHDi I LHD2 MHD I HHD I OBUS UBUS MCV SBUS MH
General Heavy Industry 0.546693' 0044275' 0.199565 0.124365' 0.017503' 0.005574 0.020A4 0.026962' 0.001990- 0.002015. UGU4673t 0.000702- 0.000939
5.0 Energy Detail
Historical Energy Use: N
5.1 Mitigation Measures Energy
ROG NOx I CO 502 Fugitive Exhaust PM10 Fugtive Exhaust PM2.5 Bio-CO2 NBio- TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I Ib/day Ib/day
alum a 0.0000 BACM J.CXXX, 0.0000 0.0000 0.0000 0.0000 0.0000 0.
mitigated
Natumll _ 00000 00000 0."0 � 00000 00000 00000 00000 00000 � � 00000 0.0000 � 00000 00000 0.0000
UnmiOgated
5.2 Energy by Land Use - NaturalGas
Unmitigated
NatureGa ROG NOx CO S02 Fugitive Exhaust PM10 Fugitve ExM1aust PM2.5 Bio-0O2 NBio-CO2 Total CO2 CM N20 CO2e
s Use PM
PM10 Total P102.5 PM2.5 Total
Land Use kBTUlyr lWday Ill
General Heavy 0 0.0000 i 0.0000 0.0000 _ 0.0000 _ 0.0000 0.0000 _ 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Industry
Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 1 0.0000 1 0.0000 0.0000 1 0.0000
Mitigated
NaturuGa ROG NOx CO S02 FugiMe Exhaust PM10 Fugitve ExM1aust PM2.5 Bio-0O2 NBio-0O2 TAal CO2 CH4 N20 CO2a
s Use PM
PM10 Total PM2.5 PM2.5 Total
Land Use kBTUlyr lWday Ib/day
General Heavy 0 0.0000 0.0000 0.0000 0.0000 _ 0.0000 0.0000 _ 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
ndustry
Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 1 0.0000 1 0.0000 0.0000 1 0.0000
6.0 Area Detail
6.1 Mitigation Measures Area
ROG NO. I CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM25 Bic- 2 NBIo- TMaI CO2 CH4 N20 2e
PM10 PM10 Total PM2.5 PM2.5 Tend CO2
tegory Iblday Iblday
Mitigated 02444 10000e- 1.1300e 00000 _ 0.0000 0.0000 0.0000 0.0000 _ 2.3900e- ' 2.3900e _ 1.01 ' 2.5600e-
006 003 003 003 005 003
Unmibgstad 02444 10000e .1.1300e 00000 00000 00000 00000 . 00000 m23900e . 2.3900e . 100000 3.5600e-
005 003 003 003 005 003
6.2 Area by SubCategory
Unmitigated
ROG NOx CO S02 Fugitive Exhaust PM10 I Fui I ExM1ausl PM25 Bio- 2 NBIo- TOtal O2 CH4 N2 2e
I PMtO Total PM2.5 PM2.5 Total CO2
SUr,egory Ibltlay ch.,
Arlh IIIWral 0027E 0.0000 00000 0.0000 0.0000 0.0000 0.0000
Coating
Consumer 02165 ' 00000 i 00000 00000 00000 00000 00000
product$
Lantlscapng m 11000e I t0000e11300e 00000 00000 m 00000 0000000000 m23900e23900e10000e2.5600e�
ON 006 003 003 003 01 003
Total 0.2/M I 1.0000111.13001 0.0000 1 1 0.0000 1 0.0000 1 1 0.0000 1 0.0000 1 1 2.391 1 2.3900.- 1.0000e. E.SSOOe-
005 003 003 00] 005 003
Mitigated
ROG NOx CO S02 Fugitve Exhaust PM10 Fugitive ExM1eust PM25 Bio-0O2 NBo- I Total CO2 CH4 N20 CO2e
PM10 PM10 TOGI PM2.5 PM2.5 Total CO2
SubCategory Ib/tlay Iblday
Architectural 0.027E 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Coning
Consumer 02165 I 00000 00000 0000000000 - - 00000 - 00000
Products
Landscaping 11000e 110000e 1.1300e 00000 5O1300 m 00000 00000 00000 -23900e 2.3900e10000e25600e-
ON 005 003 003 003 005 003
Total 0.261d 1.000Oe- 1.1300s- 0.0000 0.0000 0.0000 0.0000 0.0000 2.391 2.391 1.01 2.%00e-
005 001 003 001 005 003
Appendix B
Biological Data Search Results
Green Oufeu snhm Reh.l.-I ES2/I..
OJ wwF:XumysmnanpmN No.r1+7e) Jay mn
�� Selected Elements by Scientific Name
ytt1� California Department of Fish and Wildlife
u California Natural Diversity Database
Query Criteria: Quad<span style='color:Red'>IS</span>(Anaheim(3311778)<span style='color:Red'>OR dspan>Laguna Beach(3311757)<span
style='colocRed'>OR</span>Los Alamitos(3311871)<span style='color.Red'>OR<1span>Newport Beach(3311768)<span
style='color:Red'>OR</spanOrange(3311777)<span style='colocRedr>OR</span>Seal Beach(3311861)<span style='color:Red'>OR
</span>Tustin(3311767))
Rare Plant
Rank/CQFW
Species Element Code Federal Status State Status Global Rank State Rank BBC or FP
Abronla v/llosa vat,aurila PDNVC010P1 None None G5T2T3 S2 113.1
chaparral sand-verbena
Accipiter cooperil ABNKC12040 None None G5 S4 WL
Cooper's hawk
Agelaius bicolor ABPBXB0020 None Candidate G2G3 S182 SSC
tricolored blackbird Endangered
Aimophlla rufioeps canescens ABPBX91091 None None GST3 S3 WL
southern California rufouscrowned sparrow
Ammndramus savannarum ABPBXA0020 None None G5 S3 SSC
grasshopper sparrow
Aphan/sma bliloides PDCHE02010 None None G3G4 S2 113.2
aphanisma
Arden herodlas ABNGAG4010 None None G5 S4
great blue heron
Aspidoscelis hyperyNre ARACJ02060 None None G5 S283 WL
orange throated whiptail
Asbagalus pycnosfachyus var.lanosissimus PDFABOF7131 Endangered Endangered G2T1 51 113.1
Ventura Marsh milk-vetch
AMene cuniculada ABNSBI0010 None None G4 S3 SSC
burrowing owl
Ablplex coused PDCHE040E0 None None G3 SiS2 1B.2
Coulter's saltbush
Ablplex Pacifica PDCHE041C0 None None G4 S2 1B.2
south coast saltscale
Ablplexpanshii PDCHE041D0 None None G1G2 Si 113.1
Parish's brittlescale
Ablplex semnana ver.davidsond PDCHE041T1 None None GST1 51 1B.2
Davidson's saltscale
Bombus cmichn IIHVM24480 None None G3G4 SiS2
Crotch bumble bee
Branchinecla sandlegonsnsis ICBRA03060 Endangered None G2 S2
San Diego fairy shrimp
Bufeo regalls ABNKC19120 None None G4 S3S4 WL
ferruginous hawk
sales swainson/ ABNKG19070 None Threatened G5 S3
Swainson's hawk
California Walnut Woodland CM1210CA None None G2 52.1
California Walnut Woodland
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Selected Elements by Scientific Name
g,- California Department of Fish and Wildlife
emu. California Natural Diversity Database Is
Rare Plant
RanWCDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Calochortus weetlii vac interenedius PMLILODIJI None None G3G4T2 S2 18.2
Intermediate manpcsa-lily
Campylorhynchus brunneicapillus santliegensis ABPBG02095 None None G5T3Q S3 SSC
coastal cactus wren
Catostomus sent aanae AFCJCO2190 Threatened None GI S1
Santa Ana sucker
Centromadia pa"i sap.ausbalts PDAST41ROP4 None None G3T2 S2 18.1
southern tarplanl
Chaenactis glabnuscula vac orcuttiana PDAST20095 None None GST1T2 S1 18.1
Orcult's pincushion
Charadrius alexandrines nivosus ABNNB03031 Threatened None G3T3 S2S3 SSC
western snowy plover
Chelonis mydas ARAAA02010 Threatened None G3 S1
green sea turtle
Chlompyron marfdmum sap.mantimum PDSCROJOC2 Endangered Endangered G4?T1 S1 18.2
salt marsh bird's-beak
Choeronycleris mexicana AMACB02010 None None G4 S1 SSC
Mexican long-tongued bat
Cicindela gabbii IICOL02080 None None G2G4 S1
western tidal-flat tiger beetle
Cicindela hirticollis gravida IICOL02101 None None GST2 S2
sandy beach tiger beetle
Cicindela latesignafa lafesignata IICOL02113 None None G2G4T1T2 S1
western beach tiger beetle
Cicindela senilis frosti IICOL02121 None None G2G3T1T3 S1
senile tiger beetle
Compass americenus occidentalis ABNRB02022 Threatened Endangered GST2T3 S1
western yellow-billed cuckoo
Coelus globosus IICOL4A010 None None GIG2 Si S2
globose dune beetle
Comarostaphylis diversifolm ssp.diiversirolia PDERIOB011 None None G3T2 S2 18.2
summer holly
Crotalus ruber ARADE02090 None None G4 S3 SSC
red-diamond rattlesnake
Censure plexippus pop.i IILEPP2012 None None G4T2T3 S2S3
monarch-California ovelwintering population
Cudleya multicaulis PDCRA040HO None None G2 S2 18.2
many-stemmed dudleya
Cudleya stolonifers PDCRA040PO Threatened Threatened GI S1 18.1
Laguna Beach dudleya
Flans leucurus ABNKC06010 None None G5 S3S4 FP
Mite-Wiled kite
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g Selected Elements by Scientific Name
,c California Department of Fish and WildlifeIs
emu. California Natural Diversity Database
Rare Plant
RanWCDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Emys marmorafa ARMD02030 None None G3G4 S3 SSG
western pond turtle
Eremophila alpestris actre ABPAT02011 None None GST40 S4 WL
California homed Ii
Eriastrum densifolium ssp.sanctorum PDPLM03035 Endangered Endangered G4T1 S1 1BA
Santa Ana River woollystar
Eryngium arisfulahrm var.panshii PDAPIOZ042 Endangered Endangered GSTi S1 1BA
San Diego buttoncelery
Eucyclogobius newberryi AFCQN04010 Endangered None G3 S3 SSG
tidewater goby
Eumops Pamirs caliMmicus AMACD02011 None None GST4 S3S4 SSG
western mastiff bat
Euphortia misers PDEUPOQ1BO None None GS S2 2B.2
cliff spurge
Falco peregrine anatum ABNKD06071 Delisted Delisted G41T4 S3S4 FP
American peregrine falcon
Helhanfhus nuttallii ssp.parishii PDAST41N102 None None GSTH SH 1A
Los Angeles sunflower
Horki is cornets var.puberula PDROSOW045 None None G4T1 S1 1BA
mesa horkelia
Icfene sirens ABPBX24010 None None GS S3 SSG
yellow-breasted chat
Isocoma menxiesii var.decumbens PDAST57091 None None G3G5T2T3 S2 IB.2
decumbent goldenbush
Lasion"is noctivagans AMACCO2010 None None GS S394
silver-halred bat
Lasiurus cinereus AMACC05030 None None GS S4
hoary bat
Lasiurus xenfhinus AMACCO5070 None None GS S3 SSG
western yellow bat
Lasthenia glabrafa ssp.counted PDAST51-0i None None G4T2 S2 1BA
Coulter's goldfields
Lateralluijamaicensis cotumiculus ABNME03041 None Threatened G3G4T1 Si FP
California black rail
Lepitlium virginicum var.robinsonii PDBRAIM114 None None GST3 S3 4.3
Robinson's pepper-grass
Microtus califomicus stephensi AMAFF11035 None None GSTi T2 Si S2 SSG
south coast marsh vole
Myofis yumanensis AMACC01020 None None GS S4
Yuma myotis
Noma stenoearpa PDHYDOAOHO None None G4G5 Si S2 2B.2
mud name
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y[ap ev�'41
Selected Elements by Scientific Name
California Department of Fish and Wildlife Is
`<au ' California Natural Diversity Database
Rare Plant
RanWCDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Nasturtium Ser ii PDBRA270VO Endangered Threatened G1 Si 1BA
Gambel's water cress
Navarreds prostrate PDPLMOCOQO None None G2 S2 1BA
prostrate vernal pool navarretia
Nem.cantle denuder.v.r.denuder. PDPGNOG011 None None G3G4T2 S2 1B.2
coast woolly-heads
Nyctinomops macrotis AMACD04020 None None GS S3 SSC
big free-talled bat
Omutiia caliPomica PMPOA4G010 Endangered Endangered GI S1 IBA
California Orcutt grass
P.ndion halfaetus ABNKC01010 None None GS S4 WL
osprey
Panoquina emens IILEP84030 None None G4G5 S2
wandering(=saltmarsh)skipper
Passerculus sandwichensis beldingi ABPBX99015 None Endangered GST3 S3
Belding's savannah sparrow
Pentachaeta sores ssp.allenii PDAST6X02l None None G4T1 Si 1BA
Allen's pentachaeta
Parognathus longimembris pacificus AMAFDO1042 Endangered None GSTi S1 SSG
Pacific pocket mouse
Phaceiia stellaris PDHYD00510 None None GI S1 1BA
Brand's star phacella
Phrynosoma blainrillii ARACF12100 None None G3G4 S3S4 SSG
coast homed lizard
Polioptila caliromica caliromica ABPBJ08081 Threatened None G4G5T2Q S2 SSC
coastal California gnatcatcher
onerous dumos. PDFAG050DO None None G3 S3 1BA
Nuttall's scrub oak
Relics longirostris levipes ABNME05014 Endangered Endangered G5T1T2 Si FP
light-footed clapper rail
Ripens dparia ABPAU08010 None Threatened GS S2
bank swallow
Rynchops niger ABNNM14010 None None GS S2 SSG
black skimmer
Senecio aphanactis PDASTBHO60 None None G3 S2 2B.2
chaparral ragwort
Selophaga petechia ABPBX03010 None None G5 S3S4 SSC
yellow warbler
Sia lcea neomexicana PDMAL110JO None None G4 S2 28.2
Salt Spring checkerbloom
so.orhatus s.lieomieus AMABA01104 None None GSTV Si SSC
southern California saltmarsh shrew
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Selected Elements by Scientific Name
;c.0 California Department of Fish and Wildlife
uCalifornia Natural Diversity Database Is
Rare Plant
RanWCDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP
Southern Caliromia Arroyo Chub/Santa Ana Sucker CARE2330CA None None GNR SNR
Stream
Southern California Arroyo Chub/Santa Ana Sucker
Stream
Southern Coast Live Oak Riparian Forest CTT81310CA None None G4 S4
Southern Coast Live Oak Riparian Forest
Southern Coastal Salt Marsh CTT52120CA None None G2 52A
Southern Coastal Sall Marsh
Southern Cottonwood Willow Riparian Forest CTT81330CA None None G3 53.2
Southern Cottonwood Willow Riparian Forest
Southern Dune Scrub CTT21330CA None None Gt SiA
Southern Dune Snub
Southern Foredun" CTT212300A None None G2 52.1
Southern Foredunes
Southern Sycamore Alder Riparian Woodland CTT824000A None None G4 S4
Southern Sycamore Most Riparian Woodland
Spec hammondil AAA3F02020 None None G3 S3 BBC
western spadefool
Shunula antillarum browni ABNNM08103 Endangered Endangered G4T2T3Q S2 FP
California least tern
Bureaus estates PDCHEOPODO None None G3 S2 iB.2
estuary seablite
Symphyomlchum ueroliatum PDASTE8000 None None G2 S2 iB.2
San Bernardino aster
Taxiuea taxus AMAJF04010 None None G5 S3 BBC
American badger
Trigonoscuta dorothea uotethea IICOL51021 None None GiT1 Si
Dorothy's El Segundo Dune weevil
Tryonla Imitator IMGASJ7040 None None G2 S2
mimic tryonia(=California brackishwaler snail)
Valley Reedlegrass Grassland CTT42110CA None None G3 53.1
Valley Needlegrass Grassland
Verbesina uissite PDAST9R050 Threatened Threatened GiG2 Si IBA
big-leaved crownbeard
Vireo bellll pusillus ABPBW01114 Endangered Endangered G5T2 S2
lead Bell's vireo
Record Count:99
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4I1II2017 IPaC:Explore location
1 PaC U.S.Fish&Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat(collectively referred to as trust resources)
under the U.S.Fish and Wildlife Service's(USFWS)jurisdiction that are known or expected to be on or near the project area referenced below.
The list may also include trust resources that occur outside of the project area,but that could potentially be directly or indirectly affected by
activities in the project area.However,determining the likelihood and extent of effects a project may have on trust resources typically requires
gathering additional site-specifc(e.g.,vegetation/species surveys)and project-specific(e.g.,magnitude and timing of proposed activities)
Information.
Below is a summary of the project information you provided and contact information for the USFWS office(s)with jurisdiction in the defined
project area.Please read the introduction to each section that follows(Endangered Species,Migratory Birds,USFWS Facilities,and NWI
Wetlands)for additional information applicable to the trust resources addressed in that section.
Location
Orange County,California O�
for
I b i ttinq Urn Sv'`t
en�h la r
c
Local office
Carlsbad Fish And Wildlife Office
1. (760)431-9440
A(760)431-5901
2177 Salk Avenue-Suite 250
Carlsbad,CA 92008-7385
httin///www.fwsT� Jjov/carlsba=1//carlsbad/
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.
The primary Information used to generate this list Is the known or expected range of each species.Additional areas of Influence(AOI)for
species are also considered.An AOI includes areas outside of the species range If the species could be indirectly affected by activities iu that
area(e.g.,placing a dam upstream of a fish population,even if that fish does not occur at the dam site,may indirectly impact the species by
reducing or eliminating water flow downstream).Because species can move,and site conditions can change,the species on this list are not
guaranteed to be found on or near the project area.To fully determine any potential effects to species,additional site-specific and project-
specifc information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to"request of the Secretary information whether any species which is
listed or proposed to be listed may be present in the area of such proposed action"for any project that is conducted,permitted,funded,or
licensed by any Federal agency.A letter from the local office and a species list which fu if Its this requirement can only be obtained by
requesting an official species list from either the Regulatory Review section in IPaC(see directions below)or from the local field office directly.
For project evaluations that require USFWS concurrence/review,please return to the IPaC website and request an official species list by doing
the following:
1.Draw the project location and click CONTINUE.
2.Click DEFINE PROJECT.
3.Log in(if directed to do so).
4.Provide a name and description for your project.
hUpsl/erns.fws.govtipaalocaliorJP5X6P79RVFUZLEN2OJJHK3BCU/resources 117
4117/2017 IPal Explore Local
5.Click REQUEST SPECIES LIST.
Listed species are managed by the Endangered Species Program of the U.S.Fish and Wildlife Service.
1.Species listed under the Endangered 5 eci�are threatened or endangered;IPaC also shows species that are candidates,or proposed,
for listing.Seethe listing status page for more information.
The following species are potentially affected by activities in this location:
Birds
NAME STATUS
California Least Tern Sterna antilla rum brown; Endangered
No critical habitat has been designated for this species.
Was'//ecosfwseov/eco/soe[es/fit 04
Coastal California Gnatcatcher Polioptila californica californica Threatened
There is afinal critical hat" designated for this species.Your location overlapsthetlesignatetl
critical habitat,
Was Hems fws eoweco/soeri es/6178
Least ell's Vireo Vireo bell;; pusillus En n A 0
There isafinal critical d
cal M1a [ esigna[ed for this species.Your location is outside[M1e designatedl`� •
critical habitat.
M1nos//ecasfws_¢ov/ecp[;pecies/59as
Light-footed Clapper Rail Rallus longirostris levipes GD r Endangered
No critical habitat has been designated for this species.
hopes://ems fws.¢oweco/species/6035 0
Southwestern Willow F a pidoIntraillii eatimus Endangered
TM1erhoca,e isafinal g d for this species.Your location is outside the designated
cnocal habRat.
to cla/specles/6749
Western Snowy Plover Charadrius alexandrinus nivosus Threatened
There is a final critical health[designated for this species.Your location overlaps the designated
critical habitat.
maps:Hecos.fws.eov/eco/soecies/8035
Crustaceans
NAME STATUS
San Diego Fairy Shrimp Branch inecta sandiegonensis Endangered
There is a final critical habit designated for this species.Your location overlaps the designated
critical habitat.
Was Hems fws eowem/spec es/6945
Flowering Plants
NAME STATUS
Salt Marsh Bird's-beak Cortlylanthus maritimus ssp.maritimus Endangered
No critical habitat has been des graced for this species.
M1[[ps'//ems fws gov/em/sroo es/6047
San Diego Button-celery Eryngium aristulatum var.pan ii Endangered
No critical habitat has been des grated for this species.
hams Hacosfwseov/em/soeies/5937
Ventura Marsh Milk-vetch Astragalus pycnostachyus var.lanosissimus Endangered
There is a final critical habitat designated for this species.Your location is outside the designated
critical habitat.
Tons://emsf gov/em/xoedes/1160
Mammals
NAME STATUS
hUpsl/erns.fws.govfiwAocatianPSX6P79RVFUZLEN20JJHK3BCUheswrws 7!7
4117/2017 IPaC:Explore Locati
Pacific Pocket Mouse Perognathuslongimembrispacificus Endangered
No critical habitat has been designated for this species.
M1ttos'//ecosfwseov/ecoAPec'es/8080
Critical habitats
Potential effects to critical habitats)in this location must be analyzed along with the endangered species themselves.
This location overlaps the critical habitat for the following species:
NAME TYPE
Coastal California Gnatcatcher Polioptila californica californica Final designated
M1ttos4/ecosfi .gov/eco/soecies/817Ucdthab
San Diego Fairy Shrimp Branchinecta sandiegonensis Final designated
Mtor//ecosfwsgov/eco/soe es/694Wcrithab
Western Snowy Plover Charadrius alexandrinus nivosus Final designated ./�
b¢os'//ecos fwz eov/em/zoei es/8035#cr thab • O ``
Migratory birds 5%�
Certain birds are protected under the Migratory Bird Treaty AcN afi/� vil nd Golden Eagle Protection Actz.
Any activity that results in the take(to baryyI�,harm,pursue, mW,,shoot wound,kill,trap,capture,or collect,or to attempt to engage in any
such conduct)of migratory birds or eagles is prohibited unless authorized by the U.S.Fish and Wildlife Services.There are no provisions for
allowing the take of migratory 'r at are unintentionally killed or injured.
Any person or orgar�ti� la or conducts activities that may result in the take of migratory birds is responsible for complying with the
appropriate regulations and implementing appropriate conservation measures.
1.The MieratoD Birds Treaty Att of 1918.
2.The Bald and Golden Eagle Protection Act of 1940.
3.50 C.F.R.Sec.10.12 and 16 U.S.C.Sec.668(a)
Additional information can be found using the following links:
• Birds of Conservation Concern htto'//wwwfwsgov/birds/managemeno'managed-species/
birds-of-conservation-concern oho
• Conservation measures for birds
conservation-measures oho
• Year-round bird occurrence data
The migratory birds species listed below are species of particular conservation concern(e.g.Birds of Conservation Concerns that maybe
potentially affected by activities in this location.It is not a list of every bird species you may find in this location,nor a guarantee that all of the
bird species on this list will be found on or near this location.Although it is important to try to avoid and minimize impacts to all birds,special
attention should be made to avoid and minimize impacts to birds of priority concern.To view available data on other bird species that may
occur in your project area,please visit the AKN Histogram Tools and Other Bird Data Resources.To fully determine any potential effects to
species,additional site-specific and project-specific information is often required.
NAME SEASON(S)
Allen's Hummingbird Selasphorussaein Breeding
M1ttos//ems fws_eov/e n/[ neces/9637
Ashy Storm-petrel Oceanodroma homochma Breeding
Imo,//ecn=fws goyny^ecn/znedi sn237
Bald Eagle Haliaeetusleucocephalus Wintering
Imps'//ecasfwseov/emApedes/1626
Bell's Vireo Vireo bellii Breeding
hope//ems fws gov/ecPApei es/9507
hUpsl/ecos.fws.govllparAocaUWP5X6P79RVFUZLEN20JJHK3BCUheswrws 37
4117/2017 Real Explore Local
Black Oystercatcher Haematopus bachmani year-round
hnos://ecos.fwsxa,/eco/soeriesms9t
Black Skimmer Rynchops niger year-round
horsr/ecos.Ms.eov/ecn/sneclen¢z34
Black-vented Shearwater Puffnusopisthomelas Wintering
Brewer's Sparrow Spil lla breweri year-round
hoes/Isms f W s_eovlem/snecieU9z9 t
Burrowing Owl Athens cunicularia year-round
hanz:/lemz fws_eovlecn/snetlez/9]3]
Cactus Wren Campylorhynchus brunneicapillus year-round
hung//e os iws.gov/"a/snecies/efiaa
Calliope Hummingbird Stellula calliope Migrating •her=Wnros hvs gnNecn,//sneri t%O�
Cassin's Auklet Pry \
choramphus aleuticus _ •`tau nd
hums'//ecosfwseov/ecn/soe�es/69fi] ` M\
Costa's Hummingbird Calypte costae Gar year-round
hnos'//emsfws gov/e<o/soei es/94]0 V
Fox Sparrow Passerella iliacaa f O Wintering
Lawrence's Goldfn uEAS lawrencei year-round
hftps//�cos.�s
Least Bittern Ixobrychusexilis year-round
hnos:/lecosfwseovlecn/snecies/fins
Lesser yellowlegs Tringa flavipes Wintering
Mrs:/lecos fws.eomecn/snecies/96]9
Lewis's Woodpecker Velanerpes lewis Wintering
hnnsmecos iws.env/ecn/snecies/9aea
Long-billed Curlew Numenius americanus Wintering
Into,//seas fws ,,/",/s,edes/5511
Magnificent Frigatebird Fregata magniflcens Wintering
Marbled Godwit Umosafedoa Wintering
holes alecos.rws.eomecn/snecies/94at
Mountain Plover Charadriue montanus Wintering
httos://ecos.fws.eov/ecn/snecies/363P
Nuttall's Woodpecker Picoides nuttallii year-round
hnos:/lecos.fwn.eoy/ecn/snecies/9410
Oak Titmouse Baeolophusinornatus year-round
Mrs:/lecos.fws.eovlecnhnecies/96s6
Olive-sided Flycatcher Contopus cooperi Breeding
hoe:/lecos fws.eovlecn/secien/39t a
hlgal/erns.fws.govlipaalocaUcrVP5X6P79RVFUZLEN20JJHK3BCUheswrces 417
4117/2017 IPal Explore Local
Peregrine Falcon Falco peregrinus Wintering
form /ecoslwssov/eco/soecies/8831
Pink-footed Shearwater Pull creatopus Year-round
Red Knot CA Boris canutus ssp.roselaari Wintering
heads://emslws_eov/em/species/888o
Red-crowned Parrot Amamna viridigenalis Year-round
h[ms:uemz fws.¢owem/snecles/9nR
Rufous Hummingbird selasphorusrufus Migrating
haosmems fitw gowem/snecles/8002
Rufous-crowned Sparrow Aimophila ruflceps Year-round
hour,//am,far,covaim/stoscieg/ 719
Scripp's Murrelet Synthlibommphushypoleucusscrippsi YeaAr-round, Or
Short-billed Dowitcher Limoodromus griseurs
room /ems.fws.earvem/species/9a8o _ • �/'
Short-eared Owl Asia flammeus 0V\ Wintering
heads:I/ecds.fars.eov/eco/species/9z9s `J
Snowy Plover Charadriusalexandrinus I O • Breeding
Tricolored Blackbil l t 0 Year-round
httF9lLecosda4
Western Grebe aechmophorus occidentalis Wintering
heads:/Ideas fws_eov/em/snecles/s]13
Whimbrel Numenius phaeopus Wintering
Mans'//"as far,gov/em/snecid=_/90.9¢
Xantus'sirurrelet Synthliboramphus hypoleucus Wintering
fifng://ernsfive,gnv/ern/sea es/E969
Yellow Warbler dendmica petechia ssp.brewsteri Breeding
hors Hems fws eov/eco/soeci es/3230
What does IPac use to generate the list of migratory,bird species potentially occurring in my specified location?
Land lands:
Migratory birds that are displayed on the IPac species list are based on ranges In the latest edition of the National Geographic Guide,Birds of North America(Bth
Edition,2011 by ion L.Dunn,and Jonathan Alderfed.Although these ranges are coarse In nature,a number of U.S.Fish and Wildlife service migratory bird biologists
agree that these maps are some of the best range maps to date.These ranges were clipped to a specific Bird Conservation Region BCR)or UBPNB Region/Regions,
if it was Indicated In the 2008list of Birds of Conservation Concern(BCC)that a species was a BCC species only in a particular Region/Regions.Additional
modifications have been made to some ranges based on more local or refined range information and/or information provided by U.S.Fish and Wildlife Service
biologists with species expertise.All migratory birds that show in areas on land In IPac are those that appear in the 2008 Birds of Conservation Concern report.
Atlantic Seabirds;
Ranges in RaC for birds off the Atlantic mast are derived from species distribution models developed bythe National Oceanic and Atmospheric Association(NOAA)
National Centers for Coastal Ocean Science NCCOS)using the best available seabird survey data for the offshore Atlantic coastal region to date.NOAANCCOS
assisted USPA'S in developing seasonal species ranges from their models for specific use in IPac.Some of these birds are not BCC species but were of interest for
'inclusion because they may occur in high abundance off the coast at different times throughout the year,which potentially makes them more susceptible to certain
types of development and activities taking place in that area.For more refined details about the abundance and richness of bird species within your project area off
the Atlantic Coast see the Northeast ocean Data Portal.The Portal also offers data and information about other types of Data that may be helpful In your project
review.
About the NOAANCCOS models:the models were developed as part of the NOAANCCOS project:Intearative Stat still Madellne andPredictiv
Bird Distributions and Abundance on the Atlantic Outer Continental Shal.The models resuRing from this project are being used In a number of decislon-
supporVmapping products in order to help guide decision-making on activities off the Atlantic Coast with the goal of reducing impacts to migratory birds.One such
hUpsl/erns.fws.govllpacAocaliaJPSX8P79RVFUZLEN20JJHK3BCU/resources Y/
4/17/2017 IPal Explore Location
product is the Northeast Ocean Data Portal which can be used to explore details about the relative occurrence and abundance of bird species in a particular area
off the Atlantic Coast.
All migratory bird range maps within IPaC are continuously being updated as new and better Information becomes available.
Can I get additional information about the levels of occurrence in my project area of specific birds or groups of birds listed in IPaC?
Landbirds:
The Avian Knowledge Network(AKN)provides a tool currently called the"Histogram Tool",which draws from the data within the AKN(latent survey,point count
citizen science dataw i to create a New of relative abundance of species within a particular location over the course of the year.The results of the tool depict the
frequency of detection of a species in survey events,averaged between multiple call within AKN in a particular week of the year.You may access the histogram
tools through the Midwifery Bird Programs AKN Histogram Tools webpage.
The tool Is currently available for regions(California,Northeast U.S.,Southeast U.S.and Midwest),which encompasses the following 32 states:Alabama.Arkansas,
California,Connecticut,Delaware,Honda,Georgia,Illinois,Indiana,Iowa,Kentucky,Louisiana,Maine,Maryland,Massachusetts,Michigan,Minnesota,Mississippi,
Missouri,New Hampshire,Newjersey,New York North,Carolina,Ohio,Pennsylvania,Rhode Island,South Carolina,Tennessee,Vermont Virginia,West Virginia,
and Wisconsin.
In the near future,there are plans to expand this tool nationwide within the AKN,and allow the graphs produced to appear with the list of trust resources
generated by IPani providing you with an additional level of detail about the level of occurrence of the species of particular concern potentially occurring in your
project area throughout the course of the year.
Atlantic Seabirds: w/�
of For additional details about the relative occurrence and abundance of both indMldual bird species and groups of bird specleswRhmyvur tarea offthe
Atlantic Coast please visit the Northeast Ocean Data Portal.The Portal also offers dam and information about other mxa besides birds that may be helpful to you in
your project review.Alternately you may download the bird model results files underlying the portal syyugh the NOAANCCOSnum,ative Statistical
Modelin and Predictive Ma of Marine Bird Distributions and Abundance an the Atlantic Outer o IShelf roect webpage.
ors
Facilities C (�
Wildlife refu O
Any activity propose lands must undergo a'Compatibility Determination'conducted by the Refuge.Please
contact the individual efugesto discuss any questions or concerns.
THERE ARE NO REFUGES AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES ATTHIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to N WI wetlands and other aquatic habitats maybe subject to regulation under Section 404 of the Clean Water Act,or other
State/Federal statutes.
For more information please contact the Regulatory Program of the local U�p Corps of FOR neers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory(N WI)map service is unavailable,or for very large projects that intersect many wetland
areas.Try again,or visit the NWl�ma to view Wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats Is to produce reconnaissance level Information on the location,type and size of these
resources.The maps are prepared from the analysis of high altitude imagery.Wetlands are identified based on vegetation,visible hydrology and geography.A
margin of error is Inherent in the use of Imagery,thus,detailed on-the-ground Inspection of any particular site may result In revision of the wetland boundaries or
classification esmbl ished through image analysis.
The accuracy of image interpretation depends on the quality of the imagery,the experience of the image analysts,the amount and quality of the collateral data and
the amount of ground truth verification work conducted.Memdata should be consulted to determine the date of the source Imagery used and any mapping
problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.There may be occasional differences in polygon boundaries or
classifications between the Information depicted on the map and the actual conditions on site.
hUpsl/erns.fws.govllpacAocaUorVPSX6P79RVFUZLEN20JJHK3BCU/resources 617
4117/2017 IPal Explore Location
Data eztlusion,
Certain wetland habitats are excluded from the National mapping program because cf the limitations of aerial imagery as the primary data source used to detect
wetlands.These habitats include seagrozes or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal
waters.Some deepwater reef communities(coral or tuberficld worm reefs)have also been excluded from the Inventory.These habitats because of their depth,go
undetected by aerial imagery.
Data precautions
Federal,state,and local regulatory agencies with jurisdiction overwetlands may define and describe wetlands in a different mannerthan that used in this
Inventory.There is no attempt,in either the design or products of this inventory,to define the limits of proprietaryjurisdiction of any Federal,state,or local
government orto establish the geographical scope of the regulatory programs of governmem agencies.Persons Indenting to engage In activities Involving
modifications within or adjacent to wetland areas should seek the advice of appropriate federal,state,or local agencies concerning spec fed agency regulatory
programs and propdetaryjurisdictions that may affect such activities.
°r4l
f °r
hppsl/erns.fws.govfiwA cagoNPSX6P7NRVFUZLENZOJJHK3BCU/resources W
Appendix C
Greenhouse Gas Modeling Data
=Oufeumw snhm Reh.l mnm/ ES2/I..
Duman�rvumysmnaopvm uo.r1170) Jay mn
Emission Source Estimated Emissions CO2e(MT/yr(
Construction
Annual Mitigated Construction (Amortized over
30 years 33.8
Operations
Area Sources '0.1
Energy Consumption 42.45
Mobile Sources 29.6517
Solid Waste 6.8244
Water Consumption 13.977
Total(Construction and Operational Emissions 126.7
Greater than 10,000 MTCO2e7 No
CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 1 Date: 3/21/2017 4:07 PM
OCSD Plant 2 Ocean Outfall System Rehabilitation-Construction-South Coast Air Basin,Annual
OCSD Plant 2 Ocean Outfall System Rehabilitation - Construction
South Coast Air Basin,Annual
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
General Heavy Industry 10.94 1000sgft 2.00 10,935.00 0
1.2 Other Project Characteristics
Urbanization Urban Wind Speed(mis) 2.2 Precipitation Freq(Days) 31
Climate Zone 8 Operational Year 2022
Utility Company Southern California Edison
CO2 Intensity 702.44 CH4 Intensity 0.029 N20 Intensity 0.006
(IbIMWhr) (Ib/MWhr) (Ib/MWhr)
1.3 User Entered Comments S Non-Default Data
Project Characteristics-
Land Use-Client given acreage; square footage accounts for pipeline construction as well
Construction Phase-Client given construction schedule
Off-road Equipment-Client given equipment list
Off-road Equipment-Included in Building Construction
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Off-road Equipment-Client given equipment list
Grading-Grading import/export
Demolition- Estimated based on given demo cubic yardage (400 cy)
Trips and WIT-Client given inputs
Construction Off-road Equipment Mitigation -
Table Name Column Name DefaultValue New Value
tblConstGustMitigation WaterUopavedRoadVahlClaSpaed _ 40 0
...... a...- ...- o ...- ...- a ...- ...- ...-
tblConstructionPhase NumDays Woo65.00
tblConstructionPhase NumDays 200.00 395.00
tblConstructionPhase NumDays 20.00 783.00
...- ...- a...- -... ...- o ...- ...- a ...- ...- ...-
tblConstructionPhase NumDays 4.00 30.00
iblConstruction Phase NumDays 10.00 5.00
tblConstructionPhase NumDays 2.00 40.00
...- ...- a...- ...- ...- o ...- ...- a ...- ...- ...-
tblConstructionPhase NumDays 2.00 626.00
tblConstructionPhase PhaseEndDate 11/11/2018 413/2020
tblConstructionPhase PhaseEndDate 11/11/2016 12/18/2020
tblConstructionPhase PhaseEntlDate 11/11/2018 11/10/2021
tblConstructionPhase PhaseEndDate 11/11/2018 5/3/2019
tblConstructionPhase PhaseEntlDate 11111/2018 1/22/2021
tblConstructionPhase PhaseEntlDate 11111/2018 1/4/2019
tblConshuctionPhase PhaseStartDate 11/12/2018 2l2/2020
tblConstructionPhase PhaseStartDate 11/12/2018 6/17/2019
iblConstructlonPhase PhaseStartDate 11/12/2018 3/25Y2019
tblConstructionPhase PhaseStartDate 11/12/2016 1/18Y2021
...- tblGmtling ....- Acres0t6r mg ...- ...- 0.00 ...- ...- 2.00 ...-
tblGreding AcresOfGrading 20.00 0.00
...- ...- a...- ...- o ...- ...- a ...- ...- ...-
tblGretling MaterialEzportetl 0.00 7,500.00
tblGrading Materiallmported 000 600000
tblLandUse LotAcreage 0.25 2.00
----tbI00RoatlE46ipment LuadFactor 0.40 0.40
tblORRoadEquipment LoadFactor 0.20 0.20
i .. ....
tblOffRoatlEquipment LoadFactor 0.38 0.38
tblOffRoadEgwpment LoadFactor 050 0.50
tblOffRoadEquipment LoadFactor 0.29 0.28
tblOftRoatlEquipment LoadFactor 0.38 0.38
tbIOflRoadEquipmeM LoadFactor 0.38 0.38
tbI
.... . a.... .... .... o .... .... a .... .... ....
OflRoatlEquipmem LoadFactor 0.36 0.36
tbIOtlRoadEquipment LoadFactor 0.29 0.29
tbIOHRoadEquipmeM LoadFactor 0.38 0.38
tbl
.. O
i .... a.... .... .... o .... .... a .... .... ....
ttRoatlEquipment LoadFactor 0.38 0.38
110fRoadEgwpment LoadFactor 036 0.36
tbIOORoadEquipment LoadFactor 0.37 0.37
tbI
.... .... a.... .... .... o .... .... a .... .... ....
ONRoatlEquipment LoadFactor 0.41 0.41
tblOffRoadEquipment LoadFactor 0.36 036
tblOffRoatlEquipment LoadFactor 0.46 0.46
tblOffRoadEquipment LoadFactor 0.36 0.36
tblOHRoadEquipment OBRoadEgwpmentType Air Compressors
tblOffRoatlEquipment OtiRoadEquipmeniType Cement and Mortar Mixers
tblOffRoadEgwpment OffRoadEguipmentType Rough Terrain Forklifts
tblOMoadEquipment OtiRoadEquipmentType Air Compressors
tblOftRoatlEquipment OtiRoadEquipmeniType Forklifts
tbIOflRoadEquipment OffRoadEqulpmeniType Generator Sets
tbIOORoadEquipment OfiRoadEquipmentType Off-Highway Trucks
tblOffRoadEquipmem OffRoadEgwpmentType Bore/Drill Rigs
tbIOHRoadEquipmeM OHRoadEqulpmeniType Cranes
i.. lOff .. a......... ...... .... o .... .... a .... ......... ....
bRoatlEquipmen tiR t OoatlEquipmeniType Excavators
tblOffRoadEgwpment OffRoadEguipmentType Pumps
tblOffRoadEquipment OfiRoadEquipmentType Rollers
&64koadE4uipment OORoadEquipmentType Rubber Tired Leaders
tblORRoadEgwpment OffRoadEgwpmentType Cranes
@05RoadEquipment OfiRoadEquipmentType Excavators
tbli ..OffRoatlEquipment OfiRoatlEquipmeniType Rollers
tblOffRoadEgwpment OffkoadEgwpmentType Rubber Tired Loaders
tblOffRoadEquipment OffRoadEquipmeniType Skid Steer Loaders
tbIOflRoatlEquipment OfiRoadEquipmeniType Concrete/Industrial Saws
tbIOflRoadEquipmeM OfiRoadEquipmeniType Plate Compactors
.... ..rr a......... ......... .... o .... .... a .... .... ....
tbIOflRoatlEquipmeM OfiRoatlEquipmeniType Graders
tbIONRoadEquipment OHRoadEquipmeniType Rubber Tired Loaders
tbIOHRoadEquipmeM OHRoadEqulpmeniType Sweepers/Scrubbers
tbl
..i .... a......... ...... .... o .... .... a .... . ....
OftRoatlEquipment OfiRoatlEquipmeniType Plate Compactors
1101"RoadEgwpment OffRoadEgwpmentType Rubber Tired Loaders
tbIOHRoadEquipment OHRoadEquipmentUnitAmount 1.00 0.00
..i .... a......... ......... .... o .... .... a .... .... ....
tbIONRoatlEquipment OfiRoatlEquipmentUnitAmounl 1.00 0.00
tblOflRoadEquipment OffRoadEquipmentUnitAmount 100 2.00
tbIOflRoatlEquipment OftRoatlEquipmentUnifAmoun[ 200 1.00
tblOffRoadEgoipment OMoadEgwpmentUniMmount 100 0.00
tblOffRoadEgwpment OffRoadEgwpmentUnitAmount 100 000
tblOffRoadEquipment OfiRoadEquipmentUnitAmount 1.00 0.00
tblOffRoadEgwpment OffRoadEgwpmentUniWmount 300 000
tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00
tblOfiRoadEquipment OfiRoadEquipmentUniWmount 1.00 0.00
tblOffRoadEquipment OffRoadEqulpmentUnitAmount 1.00 0.00
tblOffRoadEquipment OffRoadEgwpmentUmtokmount 100 0.00
ibIOtlRoatlEquiprrment OtfRoatlEquipmpmentUnitAmoun[ 1.00 0.00
tblOffRoatlEquipment OffRoatlEquipmentUnifAmount 3.00 0.00
@0MoadEquipment OORoadEquipmentUnitAmount 1.00 0.00
tbIOtlRoatlEquipment OtiRoatlEquipmentUnifAmount 1.00 0.00
tbIOflRoadEquipmeM OflRoadEquipmentUnitAmount 1.00 0.00
i.. .. a.... .... o .... .... a .... .... ....
blOftRoatlEquiprnment UsagetgeHours 8.00 4.00
..tblOffRoadEquipment ..... UsageHours .... .... 8.00 .... .... 4.00 ....
tbIOHRoadEquipment UsageHours 7.00 8.00
tblProlectCharacteristim OperabonalVear 2018 2022
iblTnpsAndVMT Haulin9TripNumber 23.00 10.00
tblTnpsAndVMT Haulin9TripNumber 1,688.00 1,072.00
2.0 Emissions Summary
2.1 Overall Construction
Unmitigated Construction
ROO I N x I CO S02 I FU9111,0 I Fxh8UIt PMIO F"911VO Fxh8UV 11025 .10 CO2 Nfilo- I T.01 CO2 GH4 N20 CO2e
PM10 PM10 TMaI PM25 PM25 Total CO2
ear t0ns f ,
018 00751 0.7285 _ 0.4 25 1.0600 5]100e 0.0329 00386 15000e _ 0.0312 0.032] 0.0000 _ 95.3553 95.3553 0.0231 i 0.0000 95.9334
003 003 003
2019 0]909 I ]4980 55931 00126p U]U9 03561 m 842]8 09186 033850391 80098 11121]4] 1121.]4]6 8255] p 090U 1126141
6 0
2020 O7698 63392 54558 00117 00508 03174 03682 00134 03043 0,3171 00000 11014674510106742" 02121 OOOOO 10199m
2 3
2021 02]12 p 21fi]6 2.0087 50600¢ 00259 01020 m 0199 68000a 00976 0.1044 00000 14419513 441.]513 01001 00000 4442541
003 003
MM _ O"0 0 0000 OA000 00000 0 0000 0.0000 00000 0.0000 0.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000
Maximum 0.7909 7A980 5.5831 0.0128 0.0709 0.3561 0.4270 0.0186 0.3385 0.3571 1 0.0000 1,121.]4] 1,121.7476 0.2W7 0.0000 1,129.141
e 0
Mitigated Construction
ROG NOx CO S02 Fugitive Exhaust PM10 FugNve Exhaust PM2.5 Bio-0O2 NBio- Total CO2 LH4 N20 L02e
PM
PM10 Total PM25 PM25 Total CO2
Year tonslyr MT/,
2018 0.0751 0.7285 0.4225 1.0600e- 5.6400e- 0.0329 0.0385 1.6900e _ 0.0312 0.0327 0.0000 95.3552 ' 95.3552 0.0231 0.0000 95.9333
003 003 003
2019 0.709 74980 ° 5,5931 ° 0.0126 ° 0.0393 ° 0.3561 0.4254 ° 0.0184 ° 0.3385 ° 0.3568 ° 00000 1121 T46°1121,7463° 02557 ° 0 0000 °1128139
3 ]
2020 07698 ' 63392 54558 00117 00503 03174 036]] 00134 03043 0,3176 00000 1014673 10146730 02121 00000 1019975
0
2021 02712 21674 ° 20087 ° 50600, ° 00255 ° 01020 01275 ° 67300a ° 00976 ° 0,1044 ° 00000 441]508° 441]508 ° 01001 ° 00000 °4442536
003 003
2022 - 00000 ' 00000 ° 00000 ° 00000 00000 ° 00000 =' 00000 ° 00000 ° 00000 0.9999 ° 00000 ' 00000 ° 00000 ° 00000 00000 ° 00000
Maximum 0.7909 7.4980 5.5931 0.0126 0.0893 0.3561 0.4254 0.0134 0.3385 0.3568 1 0.0000 1,121.T681,121.T463 0.255T 0.0000 1,128.139
3 ]
ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio-CO2 NBio-0O2 Total CO2 CH4 I N20 CO2e
PM10 PM10 TMaI PM2.5 PM2.5 Total
Percent 0.00 0.00 0.00 0.00 1.70 1 0.00 0.27 0.89 0.00 0.06 1 0.00 1 0.00 1 0.00 i 0.00 0.00 0.90
Retlutllon
Quarter Start Date End Data Maximum UnmMgated ROG+NOX(tonslquaMr) Maximum Mitigated ROG+NOX itonslquarteri
1 11-12-2018 2-11-2019 1,2265 1,2265
2 2.12-2019 511-2019 1.3748 1.3748
3 5-12-2019 8-11-2019 1.3435 1.3435
4 8-12-2019 11-11-2019 1.6291 1.6291
5 11-12-2019 2-11-2029
6 2-12-2020 5-11-2020 1.4853 1.4853
7 5-12-2020 0-11-2020 A750
6 8-12-2020 11-11-2020 1.6753 1.6753
9 11-12-2020 2-11-2021 1.0593 1.0593
10 2.12-2021 5-11-2021
11 5-12-2021 8-11-2021 0J026 0J026
12 8-12-2021 9-30-2021 0.U18 0. 1
Highest 1.6291
3.0 Construction Detail
Construction Phase
Phase Phase Name Phase Type Start Date I End Date Num Daysi Num Days Phase Description
Number Week
1 'Architectural Coating 'Architectural Coating '2/2/2020 '41312020 5 45'
2 Building Construction °Building Construction m611712019 12118/2020 m 5 395
3 (Demolition ID.,n ion 11/1212018 11110/2021 5 783
4 'Grading Grading 3125/2019 513/2019 ..... 5 ....30
5 Paving Paving 1/18/2021 1/22/2021 m.... 5 5
6 I Site Preparation Site Preparation 11/12/2018 114/2019 5 40
7 'Dminage/Utilities/Sub grade (Trenching 2111/2019 6/23/2020 5 357
8 'Mechanical/Electrical Equipment Site Preparation m1012112019 3/14/2022 m 5 626
Acres of Grading (Site Preparation Phase): 0
Acres of Grading(Grading Phase): 2
Acres of Paving: 0
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 16,403; Non-Residential Outdoor: 5,468; Striped Parking Area: 0
OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours I Hones Pmer Load Factor
rchitectural Coaling 'Air Compressors 0' 6.00' 78t 748
Paving 'Cement and Mortar Mixers 0= 8.00 9' 0.66
Demolition Concrete/Industrial Saws 1 4.00 81 073
... .... . .... ..... .... .... ....
Building Construction Generator Sets 2' S.00I 84' 074
Building Construction (Cranes 11 4.00I 231€ 0.29
Building Construction Forklifts .... 2. 8.00 89 020
its Preparation Graders 1 8.00 187 0.41
Paving .Pavers .......... . 1. .8.00. 130. 0.4...
Paving .... .... Rollers .... .... .... 1 .8.00 .... 80 .... 0.3.
..
Demolition Rubber Tired Dozers 01 8.001 247 0.40
Grading Rubber Tired Dozers 0 8.00 247 0.4
Building Constmcbon Tractors/Loaders/Backhoes 0' 6.00' 97� 0.3
. .... .... ..... .... .... .... ....
Demolitionn ITractdorslLoatlers/Backhoes 0- 8.001 97 0.37
reding iTrectorslLoadere/Backhoes 0 7.00i 97 0.3
Paving Tractors/LoademlBackhoes 0 8.00 97 0.37
He Preparation Tractors/Loaders/Backhoes 0 7.00 97 0.37
Goading iGraders 0' B.00i 187 0.41
.... .... o .... o.... .... o .... o .... m ....
Paving (Paving Equipment 1€ 8.001 132 0.36
Site Preparation Scrapers 0 8.00 367 0.48
Building ConstmcGon iWelders 0' B.00i 46' 0.4
.... . o .... o.... .... a .... o .... m ....
MechanicallEledrical Equipment& Graders 01 8.001 187 0.4141
Svstems........
Mechanical/Electrical Equipment 8 Scrapers 0 8.00 367 0.4
Sastams......... ..... ., ....
Mechanical/Electrical Equipment& 'TractorslLoadersl6ackhoes 0' 7.00' 97` 0.3
Building Construction Air Compressors 2 8.00 78 0.48
Building Consbucbon Cement and Mortar Mixers 2 4.00 9 056
BuiMing Construction (Rough Terrain Forklifts 1= 4.001 100' 0.40
Demolition Air Compressors 2 8.00 78 0.4
Demolition Forklifts 2 4.00 89 0.2
Demolition (Generator Sets 1= 4.001 84' 0]
Demolition iOff-Highway Trucks 2' B.00i 407 0.3
rotling Bm./Drill Rigs 1 8.00 221 0.50
rading Cranes 1 8.00 231 0.2
Goading iExcavators 1€ B.00i 158` 0.3
rotling.... .... Pumps .... .... .... 1 .8.00 .... 86 .... 0].
reding.... .Rollers ..... .... 1. .4.00. .... 80. .... 0.38
..
Graring iRubber Tiretl Loaders ii B.00i 203 03d.36
Drainage/UtilitieslSub-grade iCranes ii 4.00i 231€ 0.2
Drainage/Utilities/Sub-grade Excavators 2 8.00 158 0.3
Dreinage/UtilitieslSub-gratle iRollers 1= 4.00i 80' 0.3
Dreinage/UtilitieslSub-grade iRubber Tired Loaders 2' 8.00' 203' 0.3
Droinage/UtilitieslSub-grade Skid Steer Loaders 1 8.00 65 0.37
Paving Concrete/lndustnal Saws 1 4.00 81 0.73
Paving iPlate Compactors 1' B.00i & 0.4
.... .... o .... o.... .... o . o .... m ....
Paving Graders 1€ 4.4.00i 187 0.4141
Paving Rubber Tired Loaders 1 8.00 203 0.36
Paving iSweepers/Scrubbers 1' 2.00i 66' 0.66
Site PreparationPlate Compactors .... is 6.00 8 0.43
Site Preparation Rubber Tired Loaders 1 8.00 203 0.36
Trios and VMT
Phase Name Ottroad Equiprineni Wodeer Trip I Vendor Trip lHauling Tripj Worker Trip Vendor Trip Hauling Trip Worker Vehide Vendor Hauling
Count Number I Number I Number Length Length Length Class Vehicle Vehicle
Class Class
Architectural Coating 0' 1.00' 0.00' 0.00' 14.70' 6.90 20.00i LD_Mix HDT_Mix .HHDT
Building Construction 10' 500 200 000 1470 6,90 2001 HDT Mix HHDT
Demolition m 8 2000 000 10.0016]0 6.90 20001D Mix mHDT Mix HHDT
Grading 6= 1500 000 1,07200 1470 6,90 2000i LID Mix HDT Mix .HHDT
Paving 8... 2000 0.00 000 1470 6.90 2000 LD_Mix HDT_Mix HHDT
Site Preparation m 3� 800E 6.00' 000 1470 6.90 2000 -D—Mix HDT Mix =HHDT
MechanmallElectncal 0 000 000 000 1470 6.90 2000 LD Mix HDT Mix €HHDT
Foulnomi&Svetams . 1... ..........
Drainage/Utilitles/Sub- _ 7' 18.00' 0.00 0.00 1470 6.90 20.00i LD_Mix HDTMix HHDT
3.1 Mitigation Measures Construction
Water Exposed Area
Clean Paved Roads
3.2 Architectural Coating - 2020
Unmitigated Construction On-Site
ROG NOx CO 502 Fugitive Exhaust P1,110 I Fugitive ExM1aust PM2.5 Bio-CO2 NBic- Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 TaOel L02
Category form MITI,
it
OR-Road 00000 1 00000 0.0000 00000 00000 1 00000 00000 0.0000 00000 1 00000 0.0000 00000 0.0000 00000
Total 0.0507 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 O.00W
Unmitigated Construction Off-Site
ROG NOx I Co 2 ug0ive Exhaust Poll) Fugitive x gust 5 Bio-Cot NBio- TOUT Cot CH4 rvzo Cote
PM10 P1010 TOUT PM2.5 PM2.5 Total CO2
afigory IW yf MTtyr
Hauling 0.0000 00000 00000 0.0000 0.0000 _ 0.0000 0.0000 00000 00000 0.0000 0.0000 00000 0.0000 00000 0woo 0.0000
venCor ® 00000 p, 00000 0 60006 m 60000 a 65000 m 0.0066 ° 00000 0 Uox, 00000 6.0000 0 00000 p 00000 a 6.0000 0 00000 a 66666 m 0.0000
Warkar - 1 OOOOe U660.- .0.5000e-- 00000 29600e . 00000 '25000e . T566 e . 00000 T666 0.0000 ' 02224 02224 10000o- 0.0000 0.2228
004 005 004 004 004 005 005 005
Total 1.0000e. 18.000Oo- 8.5000a 0.0000 2.=- 0.0000 2.SO 1 1.000Ue- 0.0m T.0000a. 0.0000 0. 0.222 .0000e 0.0000 0.2226
004 005 004 004 004 003 003 003
Mitigated Construction On-Site
ROG x CO S02 F.giti. aunt PM10 Fugitive ExM1aual P. Bi0-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory tan MTlyr
Arc it.UOai 0.0507 Ogi 0,0000 .
Off-Read 0,0000 0 0000 0,0000 00000 00000 00000 00000 0.0000 00000 ' 0 0000 00000 110000 0.0000 00000
Total 0.0507 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Mitigated Construction Off-Site
ROG x CO S02 Fugitive Exhaust PMIO Fugiftha"
Exhaust M2.5 Bio- Tagil
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I tan
Hauling 0.0000 00 € 000 00 € 0.0000
Vander 0,0000 0 0000 0,0000 00000 0.0000 00000 0,0000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000
Waller 10000e 801 8.5000e 00000 2.5000e 00000 25000e 7.0001 00000 7.00001 00000 ' 0M4 0.2Mt 10000e- 0.0000 0.2226
004 005 004 004 004 005 005 005
Total 1.0000e- 9.001 8.5000e- 0.0000 2.5000e. 0.0000 2.S000e- T.0000e- 0.0000 7.0000e. 0.0000 0.2224 0.2 1.0000a- 0.0000 0.2228
004 Dos 004 004 004 005 005 005
3.3 Building Construction - 2019
Unmitigated Construction On-Site
ROG NOx CO S02 Fugave Exhaust PM10 FugitiveExhaust .5 io-0O2 NBio- TOWI CO 4 20 CO2e
PM10 PM1O Total PM25 PM2.5 T0l CO2
ategory ton yr yr
OR-Road 0.1634 13922 € 12322 . 20900<- ' 00852 0.0852 00830 00830 0.0000 ' 180�]95' 180.]'95 = 00250 0.0000 ' 181,4 42
003
Total 0.1634 1 1.3922 1.2322 2. MOe. 0.0052 0.0852 0.0830 0.0830 1 0.0000 1 181 1 181 1 0.0250 0.0000 181
003
Unmitigated Construction Off-Site
ROG x I CO I S02 I Fugith,e I Exhaust PM10 Fugitive goal 2 NBIo- Total CO
PM10 PM10 Total PM2.5 PM2.5 Total 002
ategory to
Hauling 0.0000 00 00 € 0.0000
Vendor 56000e EMU "42400e . 4000e 890009 11000e 10000e 26000e 10000e 3.6000e 00000 34964 34964 25000e 0.0000 35025
004 003 005 004 004 003 004 004 004 004
Waller 17100e 13600e- 0.0148 4000Oe 3.8900e 3.0001 3.WO0e 1.0301 30001 1.0600e 00000 36219 3.6219 1101 0.0000 36247
003 003 005 003 005 003 003 005 003 ON
Total 22]OOe- 0.0180 0.0191 11.00001 4.781 1.40001 4.23001 1.2900e- 1.3000e. 1.42001 0.0000 7.1183 7.1193 3.601 0.0000 ].12]2
003 005 003 004 OOJ 003 004 003 ON
Mitigated Construction On-Site
NO. CO S02 Ug ive Exhaust PMII Fug,tho'
Exhaust .5 Bid 2 NBIo- Total 2 HO N2 2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory Won MT r
OB-Rod. 0.1634 1.3922 12322 2.OQOOe- ' 0.08252 0.0852 .0 30 .O 30 00000 IAOT993 1 O.TT93 . 0.0 50 0.00 0 ' 1 .4039
003
Total 0.1634 1 1.3922 1.2322 2.091 0.0852 0.0852 0.0830 0.0830 0.0000 181 181 1 0.0250 0.0000 181./039
003
Mitigated Construction Off-Site
ROG NOx CO 502 Fug0ive Exhaust PM10 Fugifiv ExM1auat PM2.5 Bio-CO2 NBio- Total CO2 CM N2O CO2a
PM10 PM10 TWaI PM2.5 PM2.5 Tatsl CO2
Category tanatyr MTlyr
auling 0.0000 0.0000 0.0000 0.0000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 0.0000 00000 0.0000 0.0000
Vendor _ 5600Oe 00166 4.24We OOOOOe 8.9WOe 11000e 1.00001 2.601 10013.6001 00000 34964 3.4964 2501 0.0000 � 3.5025
ON 003 005 O04 ON 003 ON ON ON 004
Worker 17100e 13600e- 0.0148 4WOOe 3.8900e 30000 3930Oe 1.01 3001 1.0600a 00000 ' 36219 3.6219 11000e- 0.0000 3.6247
003 003 005 003 005 003 003 005 003 ON
Total 22]OOs 0.0180 0.0191 8.000500Oe- 4]800e- 1.4000e 4.93001 1.2900e- 1.3000e- 1.4200e- 0.0000 7.1183 ]4180 3.6000s 0.0000 7i12M
001 003 OOd 003 003 004 001 00/
3.3 Building Construction - 2020
Unmitigated Construction On-Site
ROG NOx CO 302 Fug0ive Exhaust PM10 Fugifrve Exhaust Pal Bia CO2 NBio- I Tail CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I tool MTyr
OR-Road 0.2637 22739 2.1)2) . 3.7300e- 0.1320 0.1320 0.1286 0.1286 0.0000 '320.2053' 3202053 , 00429 0.0000 '3212]]9
003
Total 0.2637 1 2.2739 2.1]2] 3.1380e- 0.1320 0.1320 0.1286 0.1286 0.0000 320.2053 1 320.2053 0.0429 0.0000 321.2Tr8
003
Unmitigated Construction Off-Site
ROG NOx I CO 302 FugiBve Exhaust PM10 Fugitive ExM1aust PM2.5 Bio-CO2 NBIo- Total CO2 CH4 N20 CO2a
PM10 PM10 Total PM2.5 PM2.5 Tofel CO2
Category tunny, MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 00000 O.0000 0.0000 00000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Vendor 8fi000e 00271 68400e 60000e 1.5800e 130OOe i1730Oe 4.61 13000e- 5.9000a 00000 ' 61896 6.18% 41000a- 0.0000 61999
ON 003 005 003 ON 003 O04 O04 ON ON
Worker _ 28200e 21)00, 0.0240 )OOOOe 69400e 50000e 69900e 18400e 50000e 1.8900e 00000 62531 62531 1801 0.0000 � 62576
003 003 005 003 005 003 003 005 003 OW
Total O.fi800e- 0.0293 0.0308 1.]000e- 8.5300e- 1.BOOOe- 8.]200e- 2.3000e- 1.BOOOe- 2ABOOe- 0.0000 12.442) 12.442) 5.9000e- 8.0000 12.0.8]5
003 004 003 004 003 003 004 003 ON
Mitigated Construction On-Site
ROG NOx GO S02 NOW. Exhaust PM10 Fugli Exhaust PM2.5 Bia 02 NBlo- Total C 2 H4 N20 02e
PMtO PM10 TMaI PM2.5 PM2.5 TOUI CO2
Category tonsryr MT r
OR-Road 0.2637 2.2739 2.1]2) 3J300e- 0.1320 0.1320 0.1286 0.1286 0.0000 '320.2049' 320.2049 = 0.0429 0.0000 '321,2775
003
Total 0.2637 1 2.2739 2.1727 3. 3001
0.1]20 0.1820 0.1286 0.1286 1 0.0000 320.2849 1 320.2049 1 0.0429 0.0000 8212A5
003
Mitinated Construction Off-Site
ROG NOx I CO I 802 I Fugitive I Exhaest PM10 I Fugltve Exhaust I PM25 Bio-CO2 NBio- Total CO2 1 CH4 I N20 02e
PMtO PM10 Tobl PM2.5 PM2.5 Total CO2
ategory toni MTnyr
Hauling 0.0000 0.6000 0.0000 0.0000 0.0000 O.00DO 00000 € 00000 00000 € 0.0000 00000 00000 O.00DO 00000 0.0000 € 0.0000
Ventlor B1000e p 002]t 68400e - 6000Oe 1590Oe 13000e 17300e 46000e 13000e- 5.9000e 00000 61896 61896 41000, 0.0000 - 619W
004 003 005 003 004 003 O04 ON 004 004
Workar 28200e 21)66e- 00240 7666Oe 8.9400e 50000e 169900e 18400e 5000IR 1.8900e 00000 ' 62531 6.2531 18000e- 0.0000 6.2576
003 003 005 003 005 003 003 005 003 ON
Tofal J.6800e- 0.@93 0.0308 1.3000c- 8.5300a 1.B000e B.]200e- 2.3000e- 1.B000e- 2.4800e- 0.0000 12.442] 12.442] 5.9000a 0.0000 12.0.5]5
003 004 003 004 003 003 004 003 004
3.4 Demolition - 2018
Unmitigated Construction On-Site
ROG NO. CO 602 Fugitive Exhauat PM10 Fugitive ExM1aust PM2.5 Bia-0O2 NBIo- Tatal CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category tanatyr MTlyr
Fugitive Dust a- 0.0000 e 0.
ON a 004 a 005 005
Off-Raad O U548 0.4982 0.3302 7 60DOe 0 0253 0.0253 0.0242 0.0242 00000 ' 68 3450 68.3450 0.0163 0.0000 68.7528
004
Total 0.0548 0.4992 0.3302 7.B000e- 1.1000e- 0.0253 0.0254 2.0000e- 0.0242 0.0242 0.0000 68.0458 68.N58 0.0163 0.0000 681
004 ooa 005
Unmitigated Construction Off-Site
ROG NOx CO 602 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bic-CO2 NBio- ToWICO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category tanstyr MTfyr
Hauling _ 0.0000 7.000N, 1.000Oe _ 0.0000 7.0000e _ 0.0000 7.0000a- 2.0000e- _ 0.0000 2.0000a 0.0000 0.0178 0.0178 _ 0.0000 0.0000 0.0179
OD5 005 005 005 005 005
Vendor _ O OOOO " 0,0000 0.0000 - 00000 0.0000 00000 ' 0,0000 O o000 0,0000 0.0000 00000 0,0000 00000 0 OOOD 0.0000 - 00000
Worker 19100e 15700o- 0.0168 40000e 39500e MOON 139800e 10500e MOON 1.0800e 00000 ' 37926 37926 13000o- 0.0000 379M
003 003 005 003 005 003 003 005 003 ON
Total 1.9100e- 1.fi400a- 0.01fi8 0.0000a- -0200a- 3.0000e 0.0500e- 1.0]00e- 3.0000e- 1.1000e- 0.0000 3.8104 3.8104 1.3000e 0.0000 3.8137
003 003 005 003 005 00] 003 005 003 OOd
Mitigated Construction On-Site
ROG I NO. ug OvO haust a e Exhaust io- io- oM 4 e
PM10 PM10 Total Pi Pi Total 002
Category con I
Fugitive Dust 4.0000e - O.00W 40OOOe- 1.0000e 0.000 1.0000e 0.0000 0W00 0.0000 00W0 0.0000 0.0000
005 005 W5 005
ON-aoaE - 00548 Ode82 " 03302 - )BWOe " """" " 00253 ' 00253 " """" " 002d2 " "002d2 " 00000 683d5) " 683d5) " 00183 " "00000 " 68]52 "
004
Total 0.0548 0.4982 0.3302 ].6000e- .0000e 0.0253 0.0253 1.0000a 0.02 2 0.02 2 0.0000 68.345] 68.345] 0.0 63 0.0000 68.]52]
004 005 005
Mitigated Construction Off-Site
ROG I NOx I CO 502 FugOive I ExM1ausl PM10 Fugifrve EZM1eusl PM2.5 Big-0O2 NBio- Total CO2 CM N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Tobl CO2
Category tonsgr MTlyr
Hauling 0.0000 )00000- ' 1.0000e 00000 10000e 0.0000 )000OO- ' 2.0000e 00000 2.000Oe 0.0000 001)8 001)8 00000 0.0000 0.01]9
005 005 005 005 005 005
vendor 00000 00000 " 0.0000 " 00000 0,0000 00000 ' 00000 00000 00000 00000 00000 00000 00000 00000 " 0.0000 00000
\:1orker _ 19100e 15)60e- 0.0168 " 40000e " 39500e 30000e 139800e " 10500e 300000 " 1.01 " 00000 37926 " 37926 " 13000, 0.0000 " 37958
003 003 005 003 005 003 003 005 003 004
Total 19100e- 1.6il 0.0168 4.0001 4,0201 3.000Oe. CONN. 1.0700e- 3.0000e- 1.1000.- 0.0000 3.8104 3.8104 1.3000e 0.0000 3.8137
003 003 005 003 005 003 003 005 003 004
3.4 Demolition - 2019
Unmitigated Construction On-Site
ROG I NOx I COugNve auat PMIO Fugitive
E.hauat p
M25 Slo-0O2 NBio- .
PM10 PM10 Total PM2.5 Pi Total CO2
Category ton
Fugitive Jr,
ON 004 ON.fie .ONe
Off-Road 0,396 31926 2,3303 5 5400a m 6199 p, 0196 01510 0.1510 00000 "490 0058 4900055 01165 0.0000 4929174
003
Total 03590 3.1926 2.3303 5.5400e- 8.20006 0.1576 0.1584 1201 0.1510 0.1511 0.0000 1 490.0056 490.0059 0.1165 0.0000 492.9174
003 004 ON
Unmitigated Construction Off-Site
ROG NOx 2 FugBive Exhaust PM10 Fugitive Exhaust PM25 Bic CO2 FRO- TotaICO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory tonsryr MT r
Hauling 10000i 51000e- 10000e- 0.0000 7.0000e 00000 7.00001 2.0000e- 0.0000 2.01 0.0000 0.1278 0.1278 10000s, 0.0000 0.1280
005 ON 004 005 005 005 005 005
Venda, 00000 00000 00000 00000 0.0000 00000 00000 0000 00000 0.0000 00000 00000 00000 00000 00000 00000
WOMer 00126 00100 01090 m 29000e 0.0286 m23000e 00289 76000e 21000e 7 8200e 0.0000 266285 266285 84001 0.0000 m 26.64%
004 004 003 ON 003 ON
Total 0.01% 0.01a5 0.1091 2.9000e- 0.0287 2.30001 0.0289 7.6200e- 2.1000e- 7.8400e- 0.0000 2fi.]563 2fi.]563 8.5000o- 0.0000 26.7774
004 00d 003 ON 003 ON
Mitigated Construction On-Site
x I GO 902 Fugitive Exhaust PMII Fugitive Exhaust I ME lBio-0021 NBIO I Total G.21 G.4 1 N2 2e
Is PM10 Total Pi PM25 Total .2
ategory WnW MT r
Fugitive Dust . 000e _ .0000 3. OOOe-'TWO _ .0000 S.00 e _ 00000 0.0000 0.0000 _ 0.0000 0.0 0 ' 0.0000
004 004 005 005
00-aoae 03590 31926 23303 m 55400e m 015]5 ° 015]6 015100.1510 00000 °49000524900052 0118500000 m4929188
003
Total 0.3590 3.1926 2.3303 5. OOa. 3.20001 0.1576 0.1579 5.0000a- 0. 5 0 0.1510 0.0000 490.0052 1 490,0052 1 0.1165 1 0.0000 492.9168
003 004 005
Mitigated Construction Off-Site
ROG NOx CO 502 Fugitive Exhaust PM10 Fugii Exhaust I PM2.5 Bix-CO2 NBio- I Total CO2 CM I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I tonsyr MT it
Hauling 1000i 5.1000s, 10000e 0.0000 TOOOOe 00000 7.0001 2.0000e- _ MOOD 2.0000e 0.0000 0.1278 0.1278 1.0000e-' 0.0000 0.1280
005 ON ON 005 005 005 005 005
vaadar 0,0000 0,0000 0,0000 - 0,0000 0,0000 ' 00000 " 0,0000 ' 0,000 ' 0,0000 ' 00000 0,0000 ' 0,0000 ' 00000 0,0000 ' 0.0000 - 0,0000
Worker 00126 00100 01090 29000e 0.0286 23000e 00289 76000e 21000e 7.8200e 00000 ' 266285 266285 84000e 0.0000 266494
004 004 003 004 003 ON
Tc[al 0.0126 0.0105 0.1091 2.9000e- 0.028] 2.3000e- 0.0289 ].6200e- 2.1000e- ].8400e- 0.0000 26.7563 26.7563 8.5000a- 0.0000 26.]]]4
004 000 003 00d 003 004
3.4 Demolition - 2020
Unmitigated Construction On-Site
ROG NOx I CO I S02 I Fugitive Exhaust PM10 FugitN. Exhaust PM2.5 Bic-0O2 NBio- ToWICO2 CMN20 CO2e
PM10 PM10 TOWI PM2.5 PM2.5 Total CO2
Category tonayr MT yr
FugitrveD v 82000e 0.0000 82000e- 1.2000e 00000 1.2000e 0.0000 00000 0.0000 00000 0.0000 0.0000
004 004 ON 004
Off ReadDoi 200 2.2026 m 556DOe 01380 01380 01321 0.1321 00000 14845368. 4845368 . 01157 . 0.0000 '4874298
003
Total 0.3317 2.8678 2.2826 S.WOe- 8.2000e- 0.1080 0.1388 1.2000a- 0.1321 0.1322 0.0000 404.5368 1 484.5360 1 0.1157 1 0.0000 481
003 004 a"
Unmitigated Construction Off-Site
ROG NOx GO 802 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- 02 NBio- ToWIC 2 H4 N20 02e
PM10 PM10 Total PM2.5 Pi TOW, CO2
Category I Malyr MT r
Hauling 1.0000e- ' 0 4.8000e- ' 10000e 0.0000 TOOOOe 00000 ]0000e- ' 2.0000e 00000 2.0000e 0 -.0000 0.1269 0.1269 1,0000 ' 0000 0.12J2
005 ON 004 005 005 005 005 005
V-dor 00000 00000 00000 00000 0.0000 00000 1 00000 0000 00000 0.0000 00000 ' 00000 00000 O OOOD 00000 00000
Worker 0011] 89600e- Op994 m 29600e0.02W m22000e p 00290 J.6300e o 21000e o J.8400e 0.0000 p 259021 259621 o J5000e-' 65000 m 25.920J
003 004 004 003 ON 003 ON
Total 0.011] 9.4600o- 0.0995 2.91 0.0288 2.2000e. 0.0290 7.61 2.1000e- 7.8600e- 0.0000 26.@90 26.@90 1 7.61 1 0.0000 26.0479
003 004 004 003 004 003 000
Mitigated Construction On-Site
ROG NOx 00 S02 Fugitive Exhaust PMIO FugiMe ExM1ausl PM2.5 Bio-CO2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 TOWI CO2
Category tonstyr MTlyr
Fugitive Dust 3.2000e 0.0000 3.2000e-' 5.0000a- O.c000 5.000Oa 0.0000 O.0000 0.0000 0.0000 0.0000 MOW
ON 004 005 005
OR-Road 03317 28678 2.2826 55600e O f380 101380 01321 0.1321 00000 '4845363 404.5363 01157 0.0000 4874293
003
Total 0.3312 2.8618 2.2826 S.S60Oe- 3.2000e- 0.1380 0.1383 S.000Oe- 0.1321 DAM 0.0000 484.53fi3 484.5463 0.115J 0.0000 48J.6293
003 004 Dos
Mitinated Construction Off-Site
ROG x GO I S02 Fugwve aunt PM10 Fugitive ExM1aual M2.5 Bio-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategery ggi MTlyr
au in9
005 a 004 004 005 a 005¢ 005¢ 005¢ e-
005
VenEo� "" 0 0000 o 00o0 0,0000 0,0000 0.0000 00000 0,0000 0000 00000 0.0000 00000 00000 00000 00000 " 0.0000 00000
Worker 00117 189800e 0.01 29000e " 0.0287 2201 100290 7.6300a2101 Z8400a " 00000 1259021 " 25.9021 " 75000e-" 0.0000 25.9207
003 004 0" 003 0C4 003 004
Total 0.0117 9A000c 0.0996 2.000Oe. 0.0288 2.2000e. 0.0290 ].BSOOe- 2.1000e- 7.8600e. 0.0000 28.0290 28.0290 T.8000e- 0.0000 28.0479
003 004 OOd 003 004 003 004
3.4 Demolition - 2021
Unmitigated Construction On-Site
x GO I S02 Fe'We &haug PM10 Fugitive Ex hi PM 5 Bio-Co2 NBIO I TOWI CO2 CH4 I N20 Cote
PM10 PM10 Total PM25 PM2.5 TOUI CO2
au gory ton yr MT yr
Fugitive oust 7,0000e 00000 70000e- 1.1000e 00000 € 1.1000e 0.0000 00000 00000 00000 0.0000 0.0000
004 004 004 0i
Off Roatl 025]9 21211 189]8 m4]SOOe m 01001 p 01001 """"' 00958 '"0.0958 00000 Ni42403, 4142403 ' 01)8]9 '0.0000 m418.0886
003
Total 0.2579 2.1211 1.8970 4.7600e. 7.0000c. 0.1001 0.1008 1.100011- 0.0958 0.0960 1 0.0000 1 414.2403 1 414.2403 1 0.0979 1 0.0000 1 416.6886
003 004 004
Unmitigated Construction Off-Site
ROG I N x I GO S02 Fai ElhoMsl PMII F"i Exlguu,t - 2 NBIo- Total 2 CH4 N2 2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category Wp yr MT r
Hauling 10000e- ' 3.0000e- 0.0000e-- 0.0000 7.0000e - 0.0000 7 0000e- ' 2.0001 - 0.0000 2.000Oe 0.0000 0.1074 0.10]4 - 1.000Oe-' 0.0000 0.10]5
005 004 005 005 005 005 005 005
Vendor - 0 0000 "' 66665 " C 5000 - 011000 " 65666 " 0 0000 "' 55666 " 0 0oao " 00000 " 00000 " 00000 00000 " 00000 " 0 0000 " 00000 " 00000
WOMer 93100e 69100e 0.0782 m 24000e 0.0246 19000e 00248 8WNil 17001 6.7000e 00000 ' 214290 214290 56000e 0.0000 214434
003 003 004 004 003 004 003 004
Total 1,42000, 7.291 0.070 00e. 0.0 ] .900 e. 0. .55 e- .] e- 8.] 0 e 0. 000 H.5384 .53 5.9 00< 0.00 0 .55 0
003 003 004 004 003 0" 003 M
Mitigated Construction On-Site
ROG I NO. ug0va 0aust ugt e x aua g io- oM 4 e
PM10 PM10 Total PM2.5 PM2.5 Total 002
Category consgi I m yr
Fugitive Dui .700e - 0.0000 2 70001 4.01 0.000 4.0000e 0.0000 0000 0.0000 0000 0.0000 0.0000
004 004 05 005
ON-aoaE - 025]9 21211 188]8 - 4]SOOe DO 01001 00958 Oo950 00000 '4142396 4142396 009]9 00000 4166881
003
Total 0.2579 2.1211 1.8970 .]500a- 2.]000e- 0. 001 0.1003 4.0000e- 0.0958 0.0958 0.0000 414.2398 .2398 0.09]8 0.0000 4 8.8881
003 004 005
Mitlgated Construction Off-Site
ROG I NOx I CO 502 FugBive Exheusl PM10 Fugitive E h usl PM2.5 Bic-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I tensgr MT yr
Hauling 1.0000e- ' 3.8000e 8.000e 0.0000 10000e 0.0000 7,0000e- 2,0000a 00000 2,001 0.0000 0.104 0.1074 1.0000a- ' 0.0000 0.1075
005 004 005 005 005 005 005 005
Vendor _ 0,0000 " 0,0000 0,0000 0,0000 0.0000 00000 " 0,0000 0,0000 0,0000 0.0000 0,0000 0,0000 00000 0,0000 0.0000 0,0000
Worker 93100e 69100e- 0082 24000e 0.0246 19000e 00248 65300e 11000e 67000e 00000 ' 214290 214290 58000, 0.0000 214434
003 03 004 004 003 004 003 004
Total 9.3200e- 7.291 0.0]03 We- 0.024] 1.9000e 0.02" 6.SSOOe- 1.T000e- 6.T200e- 0.0000 21.5364 21.5364 5.91100e 0.0000 21.5510
Doi 903 Doa Da4 aos o04 Das o04
3.5 Grading - 2019
Unmitigated Construction On-Site
ROG I NOx I GO S02 Fugitive auat IPMIO Fui IB,.-002Total
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category ton
Fugitive Dust
0a e
03 003 .0e .00e
6O-RoeO _ MU 03325 0.2107 52000e 00146 ' 00144 00136 0.0136 00000 460784 460784 00125 . 0.0000 463900
004
Total 0.0304 0.3325 0.2107 5.2000e-004 003200e-1.8 0.010 0.0162 2.3000e- 0.0136 0.0139 0.0000 48.0]84 46.0]84 0.0125 0.0000 48.3900
004
Unmitigated Construction Off-Site
ROG x GO S02 Fugwee I Exhaust PM10 Fugitive Exhaust 2 NBIo- Total CO
PM10 PM10 Total PM2.5 PM2.5 Total 002
ategory to
Hauling _ 4fi7 e a a a a a a a 410829
003 004 003 004 003 003 ON 003 003
vaneol - 0,0000 9 a099 0.0000 - 0,0000 0:0000 ' 00000 " 0,0000 ' 00000 ' 00000 ' 0 0000 0,0000 ' 9 oa09 ' 00000 00000 ' 0.0000 ' 00000
Wei 10000e 06000e- 9400N- 30000e 2.4709e 20000e- 24900e 6.6000e- 20000a 6.7000e 00000 ' 22956 2.2956 70000e- 0.0000 22974
003 ON 003 005 003 005 003 ON 005 004 005
Total 5.]SOOo- I 0.185] 0.0424 6!1000e- 0.0117 6.2000e. 0.0123 3.1900e- 6.000Oe- 3.WOOe. 0.0000 Oli 43.0785 3.0901 0.0000 43A558
003 004 00d 003 004 003 003
Mitigated Construction On-Site
NOd, GO S02 Fugher, Exhaust PMII Fug,tr,.
Exhaust I PM2.5 IBil NBd I TotalGGI GH,I Ni 2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category rdi I ri
Fugitive Oust 7.1000e- 0.0000 7.1000e- 9.0000 _ .0000 .00 e _ 00000 0.0000 .000O _ 0.0000 0.0 0 0.0000
004 004 005 005
00-Fioae 00304 ° 03325 0210] m 52000e m OOt44 ° 00144 001380 U136 00000 460]83 460]tt3 0012500000 malt 36se"
004
Total 0.0304 0.3325 0.2107 5.20001 7. 000s. 0.01" 0.0151 9.0001 0.0136 0.0136 0.0000 46.0783 46.0783 0.0125 0.0000 46.3899
004 004 005
Mitigated Construction Off-Site
ROG NOx CO S02 Fugitive Exhaust PM10 FugltNe Exhaust I PM2.5 Bio-CO2 NBio- ToWICO2 GH4 I N20 02e
PMtO PM10 Total PM2.5 Pal Total CO2
Category tonsryr MT r
Hauling _ 4.67001 0.1649 0.0330 _ 4.20001 9.2100e _6.01 ' 9.81001 2.5300e- _ 5.8000e- ' 3.1000e _ 0.0000 41.0829 41.0829 _ 3.0200e-' 0.0000 41.1584
003 004 003 004 003 003 ON 003 003
Vendor 00000 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 00000 00000 00000 00000
Wei 10800e BMWs- 94000� 30000e 2C700e 200o0e 249OOe 66000e 2000Oe 67000e 00000 ' 22956 22956 ]OOON 0.0000 2.2974
003 ON 003 005 003 005 003 ON 005 004 005
Total 5.I. I 0.16W 0.0424 4.5000c- 0.011] 8.2000a 0.0123 3.1900e- 6.0000e- 3.]]00e- 0.0000 43.3785 43.3785 3.0900a 0.0000 43A558
003 004 000 003 004 003 003
3.6 Paving - 2021
Unmitigated Construction On-Site
ROG NOx CO 502 Fugitive Exhaual PM10 Fugifrve Exhauel I PM2.5 Bia-0O2 NBio- I ToWI CO2 CM I N20 CO2e
PM10 PM10 TOWI PM2.5 PM2.5 Total CO2
Category I tonagr MT yr
01 37200e- 00389 0.0309 60000e- ' _ 1.7401 1,7401 1,6201 1.6200e 0.0000 5,4963 5.4963 1.5800e- ' 0.0000 5.5359
003 005 003 003 003 003 003
Paving 00000 " " " m 00000 00000 " 00000 " 0.0000 " 00000 00000 " 00000 " 00000 " 0.0000 " 00000
Total 3]200e- 0.0389 0.0309 fi.0000e- 1.]400e 1.7400.- 1.fi200e- 1.620W- 0.0000 5.4963 5.4963 1.581 0.0000 5.5358
003 005 003 003 003 003 003
Unmitigated Construction Off-Site
ROG x CO I 502 ugNve auat u00rve auat M2S Bic-0O2 aW
PM10 PM10 TOWI PM2.5 PM2.5 TOWI CO2
GOi
CO2 I
Category tan MTlyr
Hauling 00000 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 0.0000 00000 00000 0.0000
vendor 0.0000 0.0000 " 0.0000 " 0,0000 0.0000 0 0000 ' 0.0000 o oa00 o 0000 00000 0,0000 0 9000 00000 00000 " 0.0000 0,0000
Worker 21000e 15000e- 1.740N " 10000e " 5.5000e " 00000 55000e " 1.5000e 00W0 " 1.5000a " 00000 04783 " 0.4783 " 10001 0.0000 " 04]8]
ON ON 003 005 ON 004 ON ON 005
Tonal 2.1000e, 1.6000a- 1.]000o- 1.000Oe� 5.5000c 0.0000 5.5000e- 1.5000e- 0.0000 1.5000e- 0.0000 0.4]83 0.4]83 1.000Oa- 0.0000 0.4787
OW 004 003 005 004 004 OOd Oita 005
Mitigated Construction On-Site
ROG NOx 00 502 Fugitive Exhauat PM10 Fugitive ExM1ausl PM2.5 Bia-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category I tenalyr MTlyr
OR-Road _ 3.7200e- ' 0.0389 0.0309 _ 6.000Oe- ' _ 1.7400a- ' 1.7400e- ' _ 1.6200e- ' 1.6200a 0.0000 5.4963 5.4963 _ 1.5800e-' 0.0000 5.5358
003 005 003 003 003 003 003
Paving 00000 " " " " 00000 00000 " " 00000 " 0.0000 " 00000 00000 " 0.0000 " OOWO " 0.0000 " 0.0000
Total IMOOa- 0.0389 0.0309 1 6.0(1 1 1 1.7400e- 1 1.7400e- 1 1.61 1 1.6200e- 1 0.0000 1 5.4963 1 5.4963 1 1.581 0.0000 5.50m
003 006 003 003 003 003 03
Mitigated Construction Off-Site
ROG NOx I CO I S02 FuNive Exhaust PM10 FugltNe Exhaust PM25 Bid-0O2 Neu- Total CO2 CH4 N20 CO2e
PM10 PM10 1. PM2.5 PM2.5 Total CO2
Category tonegr MT r
Hauling 00000 0.0000 0.0000 0.0000 0.0000 O.00W 00000 00000 00000 0.0000 00000 0000 0.0000 00000 0.0000 0.0000
Vendor 00000 00000 00000 00000 0.0000 00000 i 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000
Worker 21000e 15000e- 1.7000 1666W 5.5000e 6R66 5WOOe 1ROOe 00000 1.5000e 0.0000 64]83 6A]83 10000e- 0.0000 m 5A
004 ON 003 005 004 004 ON 004 005
Total 2.1000e- 1.5000e- 1.7d00e- 1.0000e- 5.S000a- 0.0000 S.S000". 1.5000e- 01 1.50006. 0.0000 0.0]83 0.6]B3 1.0001 0.0000 OA787
004 004 003 005 ON 004 ON 004 005
3.7 Site Preparation - 2018
Unmitigated Construction On-Site
ROG NOx GO S02 Fugitive Exhaust PM10 Fugitive X ausl 2.5 aid-0O2 o- a 4 20 CO2e
PM10 PMID Total PM25 PM2.5 TOU CO2
Category ton yr yr
ruguive oust 0.0000 00000 0,0000 0,0000 00000 0.0000 0,0000 0,000 0,0000 0,0000 0.0000 0.0000
oil-Road - 00177 02280 00687 - 24000e 757OOe '757OOe 691 6.9700e 0.0000 ' 216821 216821 661 0.0000 218487
004 003 003 003 003 003
Total 0.0177 0.2280 0.0687 2.d000c- 0.0000 ].5]OOe 7.5]OOe- 0.0000 8.9]OOe- 8.9]OOe- 0.0000 21.8821 21.8821 Ili0.0000 21.848]
004 003 OOJ 003 OOJ 003
Unmitigated Construction Off-Site
ROG I NOx I GO S02 Fugitive ahaust PIAIO Fugitive ahaust Sic-CO2 Ratio- oral CO2 CH4 N20 CO2.
PM10 PM10 Total PM2.5 Pi Total CO2
ategory bn yr MTlyr
Hauling 0 0000 0 0000 € 0 DOW 0 0000 00000 00000 0 0000 0 0000 00000 00000 00000 € 0 0000 00000 0 01 00000 € 00000
Vendor 00000 00000 0.0000 00000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000
Waller 76000e 63000e- DkOii 20000e 1.5800e 10000e 15900e 42000e 1 OOOe 4.3000e 00000 ' 15170 15170 50000e 0.0000 15183
004 ON 003 005 003 005 003 004 005 004 005
Total z666oe- 630O6e- 6.7W6 2.00001 1.580Ue- 1.000Oe- 1.59OOe- d.2000e- 1.0000e- C.3000e- 0.0000 1.5170 1.5170 5.000Os 0.0000 1.5183
004 ON 003 005 003 005 OOJ ON 005 OOd 05
Mitigated Construction On-Site
ROG x I CO I S02 I F.gib. Exhaust ugitrve east eta
Pis 0 PM10 Total PM2.5 PM2.5 Total CO2
li
ategory to
Fugitive Oust 0 0 € On. a Dow ODD0000000 010000
0R-Road 001]] 02280 00687 24000e ]5]OOe I757OOe 69700e 6.9700e 00000 1216821 216821 66600E 65000 . 218488
004 003 003 003 003 003
ota 0.0177 0.2230 0.0601 2.0040e. 0.0000 J.5]OOe- ].5]00e- 0.0000 6.9070030111 B.WOOe- 0.0000 H.8021 H.8021 B.BBOOtr 0.0000 3L8488
00 003 003 003 003
Mitigated Construction Off-Site
x CO S02 F.girfiv. Exhaust PMIO Fugitive
Exhaust PM2.5 eia-CO eta
PM10 PM10 Total PM2.5 PM2.5 Total CO2 sai
Category I to
Hauling 00000 00000 0 DODO 00000 00000 00000 0 0000 0 Dow 00000 00000 00000 00000 00000 0 0000 00000 00000
Vendor 0,0000 0 0000 0,0000 0,0000 0.0000 00000 0,0000 0 0000 0 0000 0.0000 0,0000 O 0000 00000 0 0000 0.0000 0,0000
Waller ]6000e 63000E 63300e 2000Oe 1.5800e 10000e 15900e 42000e 10000e 4.3000e 00000 151]0 1.51]0 50000e 0.0000 15183
004 004 003 005 003 005 003 004 005 004 005
Toial Isuuue- ..3000e- 8.]300e- 2.0000e- 1.Mass- 1.000Oe- 1.5900e- d.2000e- 1DOaae- 4.3000e- 0.0000 1.51]0 1.51]0 5.0000E 0.0000 1.5183
004 004 003 005 003 005 003 004 005 OOd 005
3.7 Site Preparation - 2019
Unmitigated Construction On-Site
x I CO S02 Fugitive aunt ugitrve suet M2S Bia-0O2 eta
PM10 PM10 Total PM2.5 PM2.5 Total CO2 sai
ategory to
Fugitive Dust 0,0000 00000 00000 OD000 00000 0.0000 00000 00000 0.0000 00000 00000 0.0000
OR-Road 18400e 00232 J3]OOe 30006e 76000e I 76000e 70000e 7.0000e 00000 23685 23685 74000e 0.0000 ' 23869
003 003 005 003 004 004 004 004
Total 1.""0 . 0.0232 ].3]OOe- 3.0000e- 0.0000 ].B000e- JA000e. 0.0000 ].000Oa- 7.0000e. 0.0000 2,3695 23685 ]AOOOe- 0.0000 2.3869
003 003 005 OOd 006 OOd OOd OOd
Unmitigated Construction Off-Site
ROG NOx CO S02 Fugitive I Exhaust PM10 Fui Exhaust PM25 Bio- 02 NBio- ToWIC 2 H4 N20 02e
PM10 PM10 TOWI PM2.5 PM2.5 Total CO2
ategi Wnsryr MT r
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 00000 00000 00000 0.0000 00000 0000 0.0000 00000 0.0000 0.0000
Vendor " 00000 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000
Worker 80000e 60000e- 6]000e m 00000 1.8000e 00000 18000e 50000e 00000 60000e 00000 01632 01632 10000e-' 0.0000 m 0.1634
005 005 am 004 004 005 005 005
Total O.000Oe- 6.0000, 6.7000e- 0.0000 1.8000c- 0.0000 1.B000e S.000Oa. 0.0000 5.0000e- 0.0000 0.1832 0.1632 1.0000e- 0.0000 0.1fi30
005 005 004 004 004 005 005 005
Mitigated Construction On-Site
xFugitive Elivii PIAIO Fugitive
Exhaust Bio- 2 NBio- Total 2 HO N2 2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ategory WnW xi
Fugitive Oust 00000 O.Oow 0.0000 .0000 .0000 . 000 00000 0.0000 0.01 0.0000 00000 0.0000
O(f-aoae 1 8400e 0 0232 ]3]Ope-m 3 0000e """" m]6000e °]8000e ]OOOOe ]OOOOe 0 0000 2 3885 2 3885 ]4000e- "0.0000 m 2 3889""
003 003 005 004 004 ON a" 004
Total 1 1.8400e- 1 0.0232 7.37OOe- 3.000Oe- 1 0.0000 1 7.6000e- I 7.6000e-I 0.0000 1 7.00000- 1 7.0000e- 1 0.0000 1 2.3685 1 2.305 1 7A000111 1 0.0000 2.3869
003 003 005 004 004 004 004 ON
Mitigated Construction Off-Site
ROG NOx CO I 502 Fugitive Exhaust PM10 Fugitw EZM1eusl PM2.5 Bio-0O2 NBio- ToteI CO2 CMN20 CO2e
PM10 PM10 Tobl PM2.5 PM2.5 Total CO2
Category tuhiv, MT yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 00000 00000 00000 00000 0.0000 00000 00000 0.0000 00000 0.0000 0.0000
Vendor 0,0000 0,0000 0,0000 0,0000 0,0000 00000 0,0000 0,0000 0,0000 0.0000 0,0000 0,0000 00000 0,0000 0.0000 0,0000
Worker 80000e 60000, 67000e " 00000 " 1.8000e " 00000 18000e " 5.0000e " 00000 " 5.0000e " 00000 01632 " 0.1632 " 10000r 0.0000 " 01634
005 005 004 004 004 005 005 005
Total 80000a- 6.0000e- 6.7000s 0.0000 1.BWOe- 0.0000 1.B000c 5
.0000
e- O.OWO 5
.0000
e- 0.0000 0.1632 0.1632 1.0000> 0.0000 0.1fi34
005 005 006 004 004 005 005 005
3.8 Drainage/Utilities/Sub-grade -2019
Unmitigated Construction On-Site
ROG NOx CO S02 Fugitive Exhaust PM10 Fugue. Exhaual I PM2.5 Bio-0O2 NBio- I Total CO2 CMN20 CO2e
In PM10 TOUI PM2.5 PM2.5 Total CO2
Category I toner, MT yr
C0-Road 0.2056 2.3552 1.5542 33801 00970 0.0970 0.0892 00892 0.0000 '303.7964 303]964 , 00961 0.0000 '306.1993
003
Total 0.2056 1 2.3552 1.5542 30800e- 0.09]0 0.09]0 0.0892 0.0892 0.0000 301.)9fi4 303]960 0.0961 0.0000 30fi.1993
0]
Unmitigated Construction Off-Site
ROG NO. CO S02 F,ii auat ugitrve auat i¢- OUI CO2 C
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category tan yr MTlyr
Hauling 0,0000 0 woo € 000
Vendor 0,0000 o O000 0,0000 0,0000 0:0000 00000 ' 0,0000 O o000 0 0000 0.0000 0,0000 )GOOD 00000 )GOOD " 0.0000 0,0000
WOOcer " 00101 80200e 0.0872 " 24000e " 0.0229 " 18000e 00231 " 60801 " 1,7001 " 6.2500e " 00000 213028 " 21.3028 " 6701" 0.0000 " 213195
003 004 004 003 ON 003 ON
Total 0.0101 8.02o0e- 0.0872 2.4000e. 0.0229 1.8000e. 0.0231 6.0800e- 1.]000e- 6.2500e- 0.0000 21M28 21.3028 6.]000e- 0.0000 21.3195
ooa o04 oae aoa ao4 oaa o04
Mitigated Construction On-Site
ROG NOx GO S02 Fugitive Exhaust PM10 Fugitiv¢ Xhau51 5 .d- 2 NBiO- Total C0 4 N20 CO2¢
PM 10 PM10 TOUT PM25 PM2.5 TOW CO2
ategory I ton yr
O8-Road 0.2056 2,3552 1.5542 . 3 3800e- 0,0970 0.0970 0,0892 0,0892 0.0000 '3037960' 303]960 = 0.0961 0.0000 '308.1989
003
Total 0.2056 1 23552 1.5542 0.0BOOc- 0.09]0 0.09T0 0.0892 0.0892 0.0000 303.]960 303.]960 0.0961 0.0000 30fi.19B9
003
Mitigated Construction Off-Site
ROG NOx I CO I S02 Fugitive I EXhoUst PM10 Fugli EXhausl I PM25 Bio- 02 NBio I Total CO2 CH4 I N20 02e
PMtO PM10 TOWI PM2.5 PM2.5 Total CO2
Category toneryr MT r
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 MOW 00000 € 00000 00000 € 0.0000 00000 0000 MOW 00000 0.0000 € 0.0000
Ventlor 00000 0 0000 00000 00000 0.0000 00000 0 OOOO 00000 00000 0.0000 00000 0 0000 00000 O 0000 0.0000 00000
WoMar 00101 8020N- 00872 24000e 0.0229 1B000e 00231 6.0800e 17000e 62500e OOOOO ' 213028 213028 67000¢- 0.0000 213195
003 004 004 003 ON 003 ON
Total 0.0101 0.0200> 0.0072 &/OOOe 0.0229 1.B000e 0.0231 6.0800e- 1.]000e- 6.2500e- 0.0000 21.3020 21.3020 6.]000e- 0.0000 21.3195
003 OOd OOd 003 004
003 ON
3.8 Drainage/Utilities/Sub-grade -2020
Unmitigated Construction On-Site
X 2 Fugitive Exhau¢I PM10 Fugitive xhauV 25 i0- 2 NBio- Total CO2 CHO N20 CO2¢
PM 10 PM1O TOUT PM25 PM2.5 TOW CO2
CaUgOry to yr MTyr
OB-Hand 0.1032 1]548 08266 1,82001 00469 0.0469 . 00432 00432 0.0000 ' 1601158' 1601158 . 00518 0.0000 ' 161,4104
003
Total 0.1032 1 IAMB 0.8266 1.82000
. 0.009 0.0469 0.0432 O.Od32 0.0000 160.1158 160.1158 0.0518 0.0000 MAIN
003
Unmitigated Construction Off-Site
ROG NOx I CO S02 Fugitive Exhaust PM10 Fugitive XhaaV M2.5 Bio-CO2 NBio- TOUT CO H4 N20 CO2¢
PM10 PM10 Total PM25 PM2.5 TOWI CO2
ategory ton yr yr
Hauling 0.0000 BOOOO 00000 00000 0.0000 0.0000 00000 00000 00000 0.0000 0.0000 00000 O.OWO 00000 0woo 0.0000
W;& - 0000o i 00000 . 00000 - 00000 65000 0.0600 ' 0000o 0.0000 00000 0.0000 . 00000 ' 00000 OA000 00000 00066 . 0.0000---
WOMar 50100e ' 38600a- 0 0.042] m 12000e -0.0123 m 1 OOOOe ° 00124 3.2800e e0000e 3.3]66e 0.0000 111E1 111221 32000e- -0.0000 m 11.1301
003 003 004 ON 003 005 003 ON
TOWI 5.0 OOe 3.6
0
OOe- 0. 2] .2000e. 0.0123 .0000e. 1 0.0124 3.2800a 9.0000a 3.37000 0.0000 11.1E E 3.2000a 0.0000 11.1301
003 .3 004 000 003 005 003 001
Mitigated Construction On-Site
ROG x CO S02 F.giffl. aunt PM10 Fugitive ExM1aual M2.8 Bi.-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category tan MTlyr
OK-Road 0.
003 e
Total 0. 0,8266 1. 200e. 0. 0.0 32 .0 2 0.0000 160.1156 B0. 5 0.051 0.0 0 6 . 02
003
Mitigated Construction Off-Site
ROG x CO S02 F,iffive Exhaust PMIO Fugitive anal Bic-CO2 eta
PM10 PM10 Total PM2.5 PM2.5 Total CO2
a[ego, tanyr
Hauling 00000 OOOOO € 0.0000 00000 0.0000 00000 00000 OOOOO OOOCO 0.0000 00000 00000 0.0000 00000 0.0000 € 0.0000
Vander 0,0000 0 0000 0.0000 00000 0.0000 00000 0,0000 )MOD 00000 0.0000 00000 o OOOO 00000 00000 0.0000 00000
Waller 50100e 38600e- 0.01 12000e 0.0123 10000e 00124 3.2800a- 90000e- 3.3700a 00000 ' 111221 11.1221 32000e- 0.0000 11.1301
003 003 004 0" 003 005 003 004
Total 5.0100e- 3.8600e- O.W27 1.2000e. 0.0123 1.0000e- 0.0124 32800e- 9.0000e- 3.3700e- 0.0000 11.1221 11.1221 3.2000a- 0.0000 11.1301
003 003 004 004 003 005 003 004
CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 1 Date: 3/21/2017 3:14 PM
OCSD Plant 2 Ocean Outfall System Rehabilitation-Operations-South Coast Air Basin, Annual
OCSD Plant 2 Ocean Outfall System Rehabilitation - Operations
South Coast Air Basin,Annual
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population
General Industry 10.94 1000sg1t 025 10,935.00 0
1.2 Other Project Characteristics
Urbanization Urban Wind Speed(Ms) 2.2 Precipitation Freq(Days) 31
Climate Zone 8 Operational Year 2019
Utility Company Southern California Edison
CO2 Intensity 702.44 CH4 Intensity 0.029 N20 Intensity 0.006
(IbIMWhr) (lbIMWhr) (lb/MWhr)
1.3 User Entered Comments & Non-Default Data
Project Characteristics-
Land Use-
Energy Use-Building would not be temperature controlled.
Table Name Column Name Default Value Nev,Value
tblEnergyUse NT24NG 6.86 0.00
tblEnergyUse T24NG 14.11 000
tblProlectCharacieristcs OPeretionalVear 2018 2019
2.0 Emissions Summary
2.2 Overall Operational
Unmitigated Operational
OG ugiWe Must ,ili goat M25 Bio-0O2 NBIo- Total
PM10 PM10 Total PM2.5 PM2.5 Total 002
atagary ruroilyr M
yr
Area C0446 00000 14000e 0.0000 0.0000 0.0000 00000 0.0000 0.0000 27000e- 27000e .0000 00000 29000e-
ON 004 004 004
Energy 0.0000 ' 00000 00000 0.0000 0 0000 m 0 0000 00000 0.0000 0.0000 30,0332 30,652 1 2400e 2.6000e- 301406
003 ON
Malaita _ 69600e- 00394 0.1053 35000o- 00276 4000Oe 00280 7.3900e 38000e 7.7700e 00000 319743 319743 16600e 00000 32.0159
003 ON ON 003 004 003 003
Waste ' 0.0000 0.0000 00000 0.0000 2 T546 00000 2.7546 01628 0.0000 6.8244
Water p 00000 00000 00000 0.0000 08026 104959 112985 00829 2.0400e 13.9170
003
Total 0.0516 0.0394 0.1656 3.5000o- 0.0276 4.0000o- 0.0280 7.3900e- 3.8000.- 7.7700.- 3.5572 72.5036 76.0608 0.2486 2.3000a- 82.9581
ON 004 00] 004 003 003
Mitigated Operational
ROG I N x CO 602 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Blo- 2 NBIo- Total 02 CH4 N20 2e
PM10 PM10 Total PM2.5 PM2.5 Total 002
Eategory tons r MTlyr
Area O.0446 0.0000 '1.4000e-. 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 ' 2.7000e- ' 2.7000e 0.0000 0.0000 29000e-
ON 004 004 004
Energy 00000 ' 00000 00000 0woo 00000 0woo 00000 0.0000 00000 ' 300332 300332 124OOe 2.6000e- 301406
003 ON
Mobile 89800e- p 0.0394 0.1053 36600o- 002T6 4000Oe m 00280 5900e 3B000e FffitW 00000 p 319T43 31.91C3 16600e o 00000 32.0159
003 ON 004 003 004 003 003
Waste . 0.0000 € 00000 0,0000 00000 2 7546 00000 2,7546 01628 00000 682"
Water o 00000 00000 00000 0.0000 08026 104959 112985 00829 2,000e 139770
003
Total 0.0516 0.0394 0.10543.5 00o- 0.0276 4.0000e. 0.0280 7.3900e. 3.8000e. 7.7700e. 3.5572 72.5036 76.0608 0.2486 2.3000e- 82.9581
ON 004 003 004 OOJ 003
ROG NOx I CO I S02 I Fugitive Exhaust PM10 I Fugitive I Exhaust I PM2.5 Bio-CO2 NBi,CO2 Total I CM N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ve.cem 0.to o.o0 0.00 0.00 0.00 0.00 0.0E 0.0E 0.0E 0.0E Goo 0.00 0.00 0.90 0.0E 0.0E
reeamgon
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
RGG Non I CO I S02 Fugave I Exhaust I PM10 Fugitive I Exhaust I PM2.5 1Bx,CO210- IToMICO214 I N20e
PM10 PM10 Total PM25 Pi Total 002
Category I wxyr I M,eyr
Mkigated 89600, 00394 0.1053 35001 0,0276 spends- 0,0280 7.3900e- 3s000e- ' 7,7700e _ 0.000E 319743 319743 1.8800e-' 0,0000 320159
003 004 004 003 004 003 003
UnmiOgated - 89800e p 00394 - 01053 m 35000e 0.0278 -40000e p 0028E 7.3900e 38000e ii 66 - 0.000E p 319743 31.9743 - 168 w0 0.000E m 32.0159
003 004 004 003 Eo4 003 003
4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
General Heavy Industry 16.40 16.40 16.4E 12,635 72,635
Total 16.4E 1 1640 16.40 72,635 72,635
4.3 Trip Type Information
Miles Trip% Trip Purpose%
Land Use H-W or C-W H-S or C-C I H-O or C-NW H-W or G H-S or C-C H-O or C-NW Primary Diverted Pass-by
General Heavy Industry 16.60 8.40 6.90 59,00 26.00 13.00 92 5 3
4.4 Fleet Mix
Lan se DV LHDi HD HHD OBUS UBUS M
General Heavy Industry 0.54di 0.044210 0.199565 0.124385' V.OA503' 0.005874 0.020A4' 0.02di 0.00199Q 0.002015 0.004673' 0.000702' 0.000989
5.0 Energy Detail
Historical Energy Use: N
5.1 Mitigation Measures Energy
ROG NOx I CO 602 Fugitive Exhaust I PM10 I Fugitive Exhaust PM2.5 Bio-CO2 NBio- Total CO2 CH4 I N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
Category tons/yr MTlyr
.c.4 0000 0.000 € 30.1406
Mitigated 003� ow
Electricity _ 00000 00000 00W0 0.0000 00000 300332 30.0332 12400e 2.6000e 301406
Unmitigated 003 004
NaturalGas 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000 ' 000M 00000 000(0 0.0000 00000
Mitigated
NaturalGas _ 00000 00000 0.0000 00000 m 00000 00000 00000 0.0000 00000 00000 00000 00000 0.0000 00000
Unmitigated
5.2 Energy by Land Use - NaturalGas
Unmitigated
aturalGa ROG NOx CO ugitne auat Fugitive Ex suet M2S Blo-0O2 NBio-002 Total CO2 CH4 N20 CO2e
s Use Putt) PM10 Total PM2.5 PM2.5 Total
L.iul Ja. kBTUlyr ton YT MTlyr
eavy e Industry
Total0.0000 0.0000 0.0000 0.0000 o.b000 o.00 . o00 . oao 0.0 0 010000 0.0000 1 o.obao b.0000 a.000
Mitigated
N.W.G. ROG NOx I CO I 502 I Fugitive ExM1ausl PM10 FugOive ExM1aust PM25 Eno- 2 NBio-0O2 Total 02 CH4 N20 CO2e
s Use PM10 xM16 Total PM 2.5 PM2.5 Tobl
Land Use I
kBTU/yr tonslyr MT/yr
General Heavy 0 0.0000 MOW 0.0000 00000 0.0000 0.0000 00000 00000 0.0000 0.0000 0.0000 00000 0.0000 0.0000
ndustry
Total 0.0000 0.0000 1 0.0000 O.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
5.3 Energy by Land Use - Electricity
Unmitigated
Elac rcXy Total CO2 CH4 N20 CO2e
Use
Land Use I
kM/yr MT/yr
General Heavy _ 94259] a 30.0332 1.2400a- 2.6000e- ' 30.1406
Industry 003 ON
Tonal 30.0332 CUM.-
2.6000.- 30.1406
003 ON
Mitigated
Elec rcity Total CO2 CH4 N20 CO2e
Use
Land Use kWM1yr MT/yt
General Heavy 94259] e 30.0332 1.2400a-' 2.6000a ' 30.1406
Industry 003 ON
Tonal 30.0332 1.MOOe 2.6000e- 30.1406
003 ON
6.0 Area Detail
6.1 Mitigation Measures Area
ROG I NOx I CO S02 Fugitive I Exhaust PM10 Fugitive suet 25 M Big-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ataggry
El on
Mitigate 0.0000 0.0000 .
004 a 004 a 004 a 004 e-
Unn ..aied 00446 ' 00000 14000e 00000 00000 00000 00000 0.0000 00000 127000e 27000e 00000 00000 29000e-
004 004 004 004
6.2 Area by SubCategory
Unmitigated
ROG NOx CO S02 Fugitive Exhaust PM Fugitive Exhaust PM2.5 Bio-0O2 NBio- Total CO2 CH4 N20 CO2e
PM10 PM10 Total PM2.5 PM2.5 Total CO2
ESubGategi tnalyr MTyr
.0000 00000 0.0000 0.0000 0."0 0.0000
CoaOng 003
Consumer _ 00395 00000 00000 00000 0.0000 00000 00000 0.0000 00000 00000 0.0000
ProduHs
Landscapng 10000 00000 1.4000e- 00000 00000 00000 00000 0.0000 00000 ' 27000e 2]000e 00000 00000 2.9000e-
005 004 004 004 004
Total 0.0446 0.0000 1A000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.T000e- 2.T000e- 0.0000 O.0000 2.000Oe-
001 004 004 004
Mitigated
ROG NOx CO S02 ugitne Exhaust PM10 Fugitive Exhaust Total
PM PM10 Total PM2.5 PM2.5 Total CO2
u ..go, tone r T/yr
Architectural . 50700e- 0.0000 € 0.0000 € _ 0.0000 € 0.0000 0.0000 0.0000 0.0000 0.0000 00000 0.0000
Coating 003
Consumer 00395 a 00000 00000 00000 0.0000 00000 00000 0.0000 00000 0"0 0.0000
Products
Landscapng 10000e- ' 00000 1.4000e- 00000 00000 00000 00000 0.0000 00000 ' 27000e 2]000e 00000 00000 2.91
005 004 004 004 004
TWl 0.0446 0.0000 11001 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2.7000e. 2.7000e. 0.0000 O.000O 2.9OWOe.
009 004 004 004
7.0 Water Detail
7.1 Mitigation Measures Water
Total cot CHa I N20 I CO2e
Eadegon, l
Mitigated 11 2985 00829 2 0400e- 139770
003
Unmitigated 112985 00829 20000e 139770
003
7.2 Water by Land Use
Unmitigated
Indood W Total CO2 CH4 I N20 CO2e
door Use
-and Use Mgal IdTlyr
General Heary ' 2529 1 11.2985 0.0829 2.0400e- ' 13.9770
Industry 0 003
Total 11.2985 0.0829 200e- 13.9770
W003
Mitigated
IndoorOW Total CO2 CH4 N20 c02e
door Use
Land Use Mgel MT r
General Heary ' 2529881 " 11.2985 0.0829 2.0400e- 13.9770
Industry 0 003
Total 11.2985 0.0829 1 2.0000e- 13.9770
003
8.0 Waste Detail
8.1 Mitigation Measures Waste
Category/Year
Total Cot CHa I N20 I CO2e
Mi
Mitigated ;i 2.7546 DA628 0 0000 . 2"
Unmitigated . 2 T546 01628 . 0.0660 GN4
8.2 Waste by Land Use
Unmitigated
Waste Total CO2 CH4 N20 CO2e=
Disposed
88 t008 si
etleral eery 13.57 €' 27545 01628 0.0000 6.8244
Industry
Total 2.7546 0.1628 0.0000 6.8244
Mitigated
Waste Total CO2 CH4 N20 CO2e
Disposed
EUsel
Land MTlyr
General He., 13.57 " 2.7646 0.1628 0.0000 6.8244
Indust,
Tnttl 2.7548 0.1628 1 0.0000 fi.8244
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
09/06/17 Og/27/17
AGENDA REPORT em1umber Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: RECONDITIONING OF BELT FILTER PRESSES;
PROJECT NO. MP-249
GENERAL MANAGER'S RECOMMENDATION
A. Approve an increase of $299,382 to Purchase Order No. 105983 with Alfa Laval
Ashbrook Simon Hartley Inc. for the Reconditioning of Belt Filter Presses, located
at Plant Nos. 1 and 2, for a new total amount not to exceed of$992,439; and
B. Approve a contingency increase of $129,182 for a new total contingency amount
not to exceed $198,488 (20%).
BACKGROUND
In May 2017, the Board of Directors authorized the General Manager to issue the sole
source purchase order to Alfa Laval Ashbrook Simon Hartley Inc. for a total amount not
to exceed $693,057 and a contingency amount of$69,306 (10%.) One belt filter press is
being reconditioned at Plant No. 1 and four at Plant No. 2.
During the mobilization phase of the work, Staff determined that not all of the additional
parts required for a complete overhaul of the belt filter presses were available in the
warehouse. These additional parts are required to be purchased to maintain the project
schedule. The increase in contingency is requested because of the potential for
additional parts to be required once the units are taken out of service and disassembled.
Orange County Sanitation District staff did work with the original equipment manufacturer
(OEM)to inspect the filter presses; however, all the individual parts could not be fully seen
while the unit was in service. Defective parts are being replaced and those anticipated to
be in acceptable condition are being re-used.
RELEVANT STANDARDS
• Efficiency efforts reduce the cost to provide the current service level or standard
• Data-driven asset intervention - Type, life data, inspections, costs, industry
standards
• Safe beneficial reuse of Biosolids
Page 1 of 3
PROBLEM
Several of the belt filter presses are experiencing multiple failures and are in need of
reconditioning.
PROPOSED SOLUTION
The proposed rehabilitation will increase the reliability and performance of belt filter
presses and ensure that they stay functional until the new centrifuges being constructed
at both treatment plants come online.
TIMING CONCERNS
These five belt filter presses are becoming increasingly unreliable and therefore timely
rehabilitation is prudent.
RAMIFICATIONS OF NOT TAKING ACTION
Not having the minimum number of belt filter presses in service will impact Operation's
ability to meet permit and contract obligations, as well as increasing transportation costs
of biosolids.
PRIOR COMMITTEE/BOARD ACTIONS
December 2016 - Board approved Sole Source OEM Vendor, Minute Order No. 12.
May 2017 - Authorized the General Manager to issue a sole source purchase order for
Reconditioning of Belt Filter Presses for $693,057, which resulted in a negotiated
Purchase Order of$683,757, Minute Order No. 5
ADDITIONAL INFORMATION
Belt filter presses are used at both treatment plants to thicken solids coming from the
digesters at 2% solids to between 18% and 21% solids before being transported to offsite
reuse locations. Plant No. 1 Operations requires seven of the existing eight belt filter
presses to be operational to meet the solids loading demand from our digesters; and Plant
No. 2 Operations requires 10 of the existing 14 belt filter presses be operational to meet
demands. Recently, the belt filter presses have shown major reliability issues, which
require the reconditioning of the equipment to bring it back on line to support the
operational needs of the process. Based on the project approach described above there
is still the potential risk of certain parts being worn beyond the point of reuse, however,
this was deemed to be a low risk.
CEQA
N/A
Page 2 of 3
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in the proposed Operating Budget FY 17-18
(Line items: Repairs and Maintenance).
Date of Approval Contract Amount Continency
09/27/17 $992,439 $198,488(20%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
09/06,17 —
AGENDA REPORT IWrn Number Item Number
v -
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: James Colston, Director of Environmental Services
SUBJECT: URBAN RUNOFF PROGRAM
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
Staff will provide a presentation of the Orange County Sanitation District's (Santiation
District) Urban Runoff Program. Due to beach closures from elevated levels of indicator
bacteria in ocean waters along Huntington Beach in 1999,the Board of Directors adopted
the Urban Runoff Policy. This policy, and subsequent amendments, allow the Sanitation
District to receive urban runoff diversions into the collection system under dry-weather
conditions when there is available capacity. Details about the Sanitation District's policy
and current program will be provided.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with neighboring agencies
• Comply with the Clean Water Act
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 1 of 1
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
09/06,17 —
AGENDA REPORT Item Number Iem Number
s —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SPACE UTILIZATION NEEDS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
The Orange County Sanitation District is reaching the limits of its available open space
and is land constrained. The 2017 Facilities Master Plan has identified several future
projects that will require extensive construction additions and contractor staging areas.
RELEVANT STANDARDS
• 1, 5, 20-year planning horizons
• Consider life-cycle costs in all decisions
• Protection of Sanitation District Assets
PROBLEM
Shortage of usable land space.
PROPOSED SOLUTION
Investigate future property purchase.
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
KM:sa:gc
Page 1 of 1
WOODRUFF,SPRADUN&SMARC
Return to Agenda
555 AxTON BOULEVARD, 6D1rE 1200
COSTA MESA, CA 92626-7670
(714)558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Operations
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: August 28,2017
RE: Closed Session Item
The Board of Directors will hold a closed session meeting on September 6, 2017 for the
purpose of conferring with its negotiators regarding the purchase of real property. The negotiating
parties and properties are as follows: Valley Business Park, APN Nos. 156-165-05, 156-165-06,
156-163-07; DK-USA LLC, APN No.156-165-04; Fountain Valley Industrial Parcel 13, APN
No.156-165-08; Sokol Real Properties LLC,APN Nos. 156-163-09, 156-163-10, 156-163-11;The
Ins Trust Shabtai, Nevon, APN No. 156-163-16; The Ins Trust, APN No. 156-154-07; K & A
Investments LP,APN Nos. 156-154-08 and 156-163-17;Fountain Valley Star LLC,APN No. 156-
154-06; TN Sheet Metal Inc.,APN No. 156-163-12; 18401 Bandilier LLC, APN No. 156-163-13;
Phone Lilly Lin-Lin TR, APN No. 156-154-05; JDK Partners, APN No. 156-163-14; Chandler
Real Properties, APN No. 156-163-15; Ellis Avenue LLC, APN No. 156-154-04; and SFII
Fountain Valley LLC,APN No. 156-151-03; 7311 Doig Drive Garden Grove, CA, APN No. 131-
654-20. The District's negotiators are Jim Heiberg, Bob Ghirelli,Lorenzo Tyner, Rob Thompson,
Kathy Millen, Jeff Mohr, Tom Grant, and Kevin Turner and John Gallivan, Cushman and
Wakefield. Said closed session will be held pursuant to authority of California Government Code
Section 54956.8.
Respectfully submitted,
By. /J
Bradley R. Hogin, ereneral Counsel
1265892.1
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology
Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARS California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CIP Capital Improvement Program
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA US Environmental Protection Agency
FOG Fats, Oils, and Grease
gpd gallons per day
GWRS Groundwater Replenishment System
ICS Incident Command System
IERP Integrated Emergency Response Plan
LOS Level Of Service
MGD Million Gallons Per Day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O & M Operations & Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
PCSA Professional Consultant/Construction Services Agreement
PDSA Professional Design Services Agreement
POTW Publicly Owned Treatment Works
ppm parts per million
PSA Professional Services Agreement
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Interceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAW PA Santa Ana Watershed Project Authority
SCADA Supervisory Control And Data Acquisition
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SRF Clean Water State Revolving Fund
SSMP Sewer System Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment & Reuse Foundation
WIFIA Water Infrastructure Finance and Innovation Act
W IIN Water Infrastructure Improvements for the Nation Act
W RDA Water Resources Development Act
Activated sludge process — A secondary biological wastewater treatment process where
bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume
dissolved nutrients in the wastewater.
Benthos —The community of organisms, such as sea stars, worms, and shrimp, which live on,
in, or near the seabed, also known as the benthic zone.
Biochemical Oxygen Demand (BOD) — The amount of oxygen used when organic matter
undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of
organic matter in water.
Biogas—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a
digester tank that can be used as a fuel.
Biosolids—Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process.This high-quality product can be recycled as a soil amendment on
farmland or further processed as an earth-like product for commercial and home gardens to
improve and maintain fertile soil and stimulate plant growth.
Glossary of Terms and Abbreviations
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of
assets. Also includes treatment improvements, additional capacity, and projects for the support
facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but
also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most
common bacteria in wastewater.
Collections system— In wastewater, it is the system of typically underground pipes that receive
and convey sanitary wastewater or storm water.
Certificate of Participation (COP)—A type of financing where an investor purchases a share of
the lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D/T) — The dilution at which the majority of people detect the odor
becomes the D/T for that air sample.
Greenhouse Gases (GHG) — In the order of relative abundance water vapor, carbon dioxide,
methane, nitrous oxide, and ozone gases that are considered the cause of global warming
("greenhouse effect').
Groundwater Replenishment System (GWRS) — A joint water reclamation project that
proactively responds to Southern California's current and future water needs. This joint project
between the Orange County Water District and the Orange County Sanitation District provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
Levels Of Service (LOS) — Goals to support environmental and public expectations for
performance.
N-Nitrosodimethylamine (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has
been found in the Groundwater Replenishment System process and is eliminated using hydrogen
peroxide with extra ultra-violet treatment.
National Biosolids Partnership(NBP)—An alliance of the National Association of Clean Water
Agencies and Water Environment Federation, with advisory support from the US Environmental
Protection Agency. NBP is committed to developing and advancing environmentally sound and
sustainable biosolids management practices that go beyond regulatory compliance and promote
public participation to enhance the credibility of local agency biosolids programs and improved
communications that lead to public acceptance.
Plume — A visible or measurable concentration of discharge from a stationary source or fixed
facility.
Glossary of Terms and Abbreviations
Publicly Owned Treatment Works (POTW) —A municipal wastewater treatment plant.
Santa Ana River Interceptor(SARI) Line —A regional brine line designed to convey 30 million
gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean
for disposal, after treatment.
Sanitary sewer—Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban runoff.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing
emissions from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated sludge
process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total Suspended Solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff—Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed—A land area from which water drains to a particular water body. The Orange County
Sanitation District's service area is in the Santa Ana River Watershed.